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The ADF Audit began at the end of August 2013, one year from the tabling of the ADF Review’s Report, in accordance with the Terms of Reference. While the ADF Review’s Report was broad in scope, the approach of the ADF Audit was necessarily more specific. Accordingly, the team conducting the Audit sought to gather evidence of the implementation of the recommendations contained in the ADF…

Access to justice in the criminal justice system for people with disabilities who need communication supports or who have complex and multiple support needs (people with disabilities) is a significant problem in every jurisdiction in Australia. Whether a person with disability is the victim of a crime, accused of a crime or a witness, they are at increased risk of being disrespected and

1.1 Barriers People with disabilities do not enjoy equality before the law when they come into contact with the criminal justice system in Australia. Whether a person with disability is the victim of a crime, accused of a crime or a witness, they are at increased risk of being disrespected and disbelieved. If a victim, their disability may be seen to mitigate the offender’s guilt; if a…

2.1 Indicators for change In Australia, 45 per cent of people with disabilities live in poverty or near poverty. This situation has worsened since the mid-1990s. Employment rates for people with disabilities have been decreasing and so too have educational outcomes. [4] Women and girls with disability experience violence at significantly higher rates, more frequently, for longer, in more…

3.1 General findings In our consultations the Commission received information from people with disabilities and their advocates, support services in the community and in government and people in the police, courts and the custody and release system. The Commission also received many submissions and held a number of meetings with community members and public officials who work in or with the …

The Commission considers that each jurisdiction in Australia requires an holistic, coordinated response to the issues raised in this report through a Disability Justice Strategy. The development of a Disability Justice Plan in South Australia provides a good potential model for achieving this. The Commission considers that any Disability Justice Strategy should address a core set of…

This report has identified a range of problems that exist in the criminal justice system which result in people with disabilities not enjoying equality before the law. Despite much good work and the best intentions, people with disabilities are not treated appropriately in the criminal justice system. Throughout the consultation process the Commission heard that in order to ensure equality…

Listed below are examples of services and programs brought to the Commission’s attention. Aboriginal Visitors Scheme (WA) This is an independent prison visitor scheme where an Aboriginal volunteer is appointed to monitor the treatment of Aboriginal people held in custody and police lock ups. They offer basic counselling and will inform the Officer in Charge of any urgent medical needs ( http…

Australia has agreed to be bound by and comply in good faith with international human rights law. It has done this by ratifying international human rights treaties International Covenant on Civil and Political Rights (ICCPR). Convention on the Rights of Persons with Disabilities (CRPD) Convention on the Elimination of Racial Discrimination (CERD), Convention on the Rights of the Child (CRC) …

The Australian Human Rights Commission held public meetings in each State and Territory. In addition the Commission conducted 114 individual meetings. These meetings were held with people with disabilities, their families and carers, Attorneys-General, members of the police forces, correctives services and judiciaries, disability advocacy peak-bodies, community groups, and academic, medical…

Temporary Protection Visas (TPVs) are a type of visa available to people who arrive in Australia without a visa and are found to be owed protection obligations. [1]As its name suggests, a TPV only permits the holder to remain in Australia temporarily (this can be contrasted with a Permanent Protection Visa (PPV), which grants the holder permanent resident status). TPVs can last for up to…

Like TPVs, bridging visas are temporary visas. They allow people (including asylum seekers) to legally reside in the Australian community while they are applying for a longer term visa, appealing a decision relating to their visa, or making arrangements to leave Australia. The key difference is that bridging visas are granted to asylum seekers before any decision is made about whether they…

The Commission raised serious concerns about TPVs when they were used in Australia (with similar conditions attached) from 1999 to 2008. [6] Based on the negative impacts of TPVs on refugees when they were last used, the Commission is concerned that the reintroduction of TPVs may lead to breaches of Australia’s international human rights obligations, for the following reasons. Mental health…

A Last Resort? National Inquiry into Children in Immigration Detention (April 2004), Chapter 16 The end of temporary protection visas for refugees is a step forward for human rights (Commission media release, 14 May 2008) TPVs part of an inhumane system (Commission news story, 3 December 2013)

TPVs were (re)introduced by the Australian Government on 18 October 2013 through a regulation. [3] However, on 2 December 2013 the TPV regulation was disallowed by the Senate, with the consequence that no more TPVs can be granted. While the regulation was in force, between 18 October and 2 December 2013 at least three TPVs were granted to asylum seekers who arrived in Australia without a…

The Commission recommends that all asylum seekers who are found to be owed protection obligations should be granted a PPV, with the associated entitlements to sponsor family members to come to Australia, and to travel outside of Australia.

You can view a list of abbreviations and acronyms that are used by the Commission. The list makes it easier to understand our website and publications.

Treaty Key dates Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) The fifth periodic report was submitted in July 2013 (due in August 2012) Convention on the Rights of Persons with Disabilities (CRPD) Australia appeared before the committee in September 2013 Convention on the Elimination of Racial Discrimination (CERD) The report was due October…

This UPR Progress Report operates as a statement of key human rights concerns and developments in Australia in 2013. The report is the third in a series of annual reports that are being developed in the lead up to Australia’s second Universal Periodic Review (UPR) at the United Nations (UN) Human Rights Council in October 2015. Each report identifies important milestones as well as…

2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such…