Disabling justice

It has long been obvious to many who struggle with mental and/or cognitive impairment (and their supporters) and whose lives are enmeshed with the criminal justice system that they are not well served by our public institutions. Evidence from all ‘Western’ countries, particularly the United Kingdom and United States, over the past 30 years shows that people with mental impairments are imprisoned at higher rates than their peers without mental impairment.In New South Wales there has been mounting and strong evidence via the Inmate Health and the Young People in Custody Surveys that 40–50 per cent of adult prisoners and 60 per cent of juvenile detainees have mental impairment (excluding drug or alcohol disorder) and the rate appears to be increasing. Although the level of over-representation is not as high in Victoria, rates of mental illness amongst prisoners are also of great concern.Lesser recognised is that people with a cognitive impairment are also over-represented in police events, at courts, in the prison population and, most alarmingly, in the juvenile justice population. For example, a recent survey of juvenile offenders in custody in NSW demonstrated that a remarkable 77 per cent scored below the average range of intellectual functioning, compared to 25 per cent expected in the general population. Of these:• 14 per cent had an IQ of less than 70 (intellectual disability [ID] range) compared with 2 per cent expected in the general population, and• a further 32 per cent had an IQ between 70 and 79 (borderline intellectual disability [BID] range) compared with less than 7 per cent expected in the general population.Young Aboriginal people in custody had an even higher incidence of cognitive impairment, with 20 per cent in the ID range and 39 per cent in the BID range.But there is very little information on or understanding of those in criminal justice systems with complex needs;6 that is, persons who have more than one and, most often, multiple impairments, and who also experience serious social disadvantages. They are more likely than people with only one impairment or none to have earlier contact with police, be victims as well as offenders, be a client of juvenile justice, have more police contacts, and more police and prison custody episodes and to experience these criminal justice events over much of their lives.Differentiating the manifestations of mental or psychiatric disabilities from those associated with cognitive impairment is a challenge for many working outside specialist medical and/or disability fields. But when it comes to recognising and working with people with both mental and cognitive impairment who have lived with social disadvantage, abuse and exclusion (complex needs), most people working in criminal justice systems, including police, legal officers and corrections staff, have virtually no idea of what this means or what to do to best assist

Who does Australia Lock Up? The Social Determinants of Justice

Crime rates are generally decreasing and governments in Australia (as elsewhere) have committed to reducing recidivism. However, incarceration rates of certain groups continue to rise, including Indigenous and racialised peoples, those experiencing poverty, mental health issues, addiction, homelessness and people with cognitive disability. A large proportion are in custody for minor offences and/or not yet sentenced; however, political leaders have continued to defend their detention on the grounds of risk to community safety. The sudden drop in people incarcerated during the COVID-19 pandemic, without a commensurate rise in crime rates, highlighted the degree to which incarceration rates are a matter of policy decisions. For a time, public health priorities dominated criminal legal policies. Evidence on the social determinants of health that people experiencing social, economic, political and environmental disadvantage are more likely to experience poorer health outcomes has led to acceptance globally that public health policies must address systemic factors and not just focus on individual behaviour. In this article, we propose that a conceptual framework of the social determinants of justice could valuably inform efforts to reduce the criminalisation and incarceration of targeted and disadvantaged groups

Regulation of residential tenancies and impacts on investment

This research reviews the evidence-base about factors impacting and shaping rental investment; reviews the state of residential tenancies laws across Australia; and presents options for a renewed reform agenda. The regulation of the Australian private rental sector (PRS) directly affects about 40 per cent of Australian households: the 26 per cent who live in private rental housing as tenants, and the 14 per cent who own it as landlords. Reform of regulation of residential tenancies processes are underway or have recently concluded in different jurisdictions. These processes, however, have mostly been uncoordinated at a national level and significant divergences and gaps have opened up in the laws. The research finds little evidence that Australian residential tenancies law has impacted investment in private rental housing. On the contrary, Australian residential tenancies law has accommodated, even facilitated, the long-term growth of the PRS and of its particular structure and dynamic character. However, the small-holding, frequently-transferring character of the PRS presents basic problems for tenants trying to make homes in it. The research also presents a number of issues that could be considered as part of a national agenda for residential tenancy law reform

Violence in the lives of incarcerated aboriginal mothers in Western Australia

Drawing on in-depth interviews with incarcerated Aboriginal and Torres Strait Islander mothers in Western Australia, we report on the women’s use of violence in their relationships with others. Results reinforce that Aboriginal women are overwhelmingly victims of violence; however, many women report also using violence, primarily as a strategy to deal with their own high levels of victimization. The “normalization” of violence in their lives and communities places them at high risk of arrest and incarceration. This is compounded by a widespread distrust of the criminal justice system and associated agencies, and a lack of options for community support.The original study on which this article is based, the Social and Cultural Resilience and Emotional Wellbeing of Aboriginal Mothers in Prison, was supported by the National Health and Medical Research Council of Australia (Project Grant ID: 630653). The analysis and drafting of this article was further supported through the NHMRC-funded Indigenous Offender Health Research Capacity Building Grant (APP: 533546)

Aboriginal mothers in prison in Australia: a study of social, emotional and physical wellbeing

Objective: To describe the social, emotional and physical wellbeing of Aboriginal mothers in prison. Methods: Cross-sectional survey, including a Short Form Health Survey (SF-12) and Kessler Psychological Distress Scale (5-item version) administered to Aboriginal women who self-identified as mothers. Results: Seventy-seven Aboriginal mothers in New South Wales (NSW) and 84 in Western Australia (WA) participated in the study. Eighty-three per cent (n=59) of mothers in NSW were in prison for drug-related offences, 64.8% (n=46) of mothers in WA were in prison for offences committed under the influence of alcohol. Sixty-eight per cent (n=52) of mothers in NSW and 35% (n=28) of mothers in WA reported mental health problems. Physical (PCS) and Mental (MCS) component scores of SF-12 varied for mothers in NSW and WA. Mothers in NSW experienced poorer health and functioning than mothers in WA (NSW: PCS 49.5, MCS 40.6; WA: PCS 54.4, MCS 48.3) and high levels of psychological distress (NSW: 13.1; WA 10.1). Conclusions: Aboriginal mothers in prison have significant health needs associated with physical and mental health, and psychological distress. Implications for public health: Adoption of social and emotional wellbeing as an explanatory framework for culturally secure healthcare in prison is essential to improving health outcomes of Aboriginal mothers in prison in Australia

SPRINT: Primary health care services better meeting the health needs of Aboriginal Australians transitioning from prison to the community

The aim of the SPRINT project was to develop culturally specific understandings of how primary health care services can better meet the health care and social support coordination needs of Aboriginal Australians transitioning from the criminal justice system into the community, with a view to reducing reincarceration and improving quality of life. This report describes the factors influencing Aboriginal Australians' access to primary health care on release from custody and suggests ways to increase access to effective primary health care for Aboriginal people in contact with the criminal justice system.The research reported in this paper is a project of the Australian Primary Health Care Research Institute which is supported by a grant from the Australian Government Department of Health and Ageing under the Primary Health Care Research Evaluation and Development Strategy

The effectiveness of primary health care and social support services in meeting the needs of Aboriginal people released from the criminal justice system: A systematic literature review for the SPRINT Project

Whilst their need for social support and health interventions is high, Aboriginal people re-entering the community from prison face many barriers in accessing the services required to build lives in the community. This systematic literature review examined the physical, mental health and social support needs of Aboriginal people released from custody and the impact of pre and post release programs on Aboriginal people's access to primary health care once released from custody, and the barriers to accessing these programs.The research reported in this paper is a project of the Australian Primary Health Care Research Institute which is supported by a grant from the Australian Government Department of Health and Ageing under the Primary Health Care Research Evaluation and Development Strategy