Imprisonment of Indigenous people with cognitive impairment: What do professional stakeholders think? What might human rights-compliant legislation look like?

Journal article


Keyzer, Patrick and O'Donovan, Darren. (2016). Imprisonment of Indigenous people with cognitive impairment: What do professional stakeholders think? What might human rights-compliant legislation look like? Indigenous Law Bulletin. 8(22), pp. 17-20. https://doi.org/10.3316/ielapa.896324579354523
AuthorsKeyzer, Patrick and O'Donovan, Darren
Abstract

Recently the Senate released Terms of Reference for an Inquiry into the Indefinite Detention of People with Cognitive Impairment or Psychiatric Illness in Australia.1 The Senate Inquiry will provide an opportunity for the stories of Marlon Noble, Rosie Ann Fulton and many other Indigenous (and non-Indigenous) Australians to be heard. Marlon Noble spent 10 years in a Western Australian prison even though he had not been convicted of a crime. Rosie Ann Fulton, whose case drew national media attention in 2014, had been charged with criminal offences, but it was found that due to her fetal alcohol syndrome disorder, she would not understand the criminal proceedings and was unfit to plead. Despite the court making a ‘supervision order’ in her case, Rosie still spent over two years in prison, due to no secure facility being available for her care and support. These experiences have come to symbolise the plight of those who have languished in prisons for years due to the insufficient number of secure care facilities available for people with cognitive impairment in the community. The work and lobbying of sector advocates such as Damian Griffis from First Peoples Disability Network and Patrick McGee of La Trobe University and the Aboriginal Disability Justice Campaign, and academics such as Professor Eileen Baldry from the University of New South Wales, among others, has cut through, and the Federal Parliament now has an opportunity to address the significant human rights issues raised by the Australian Human Rights Commission in their July 2014 report on this topic.

Year2016
JournalIndigenous Law Bulletin
Journal citation8 (22), pp. 17-20
PublisherUniversity of New South Wales
ISSN1328-5475
Digital Object Identifier (DOI)https://doi.org/10.3316/ielapa.896324579354523
Open accessPublished as ‘gold’ (paid) open access
Research or scholarlyResearch
Page range17-20
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
OnlineJan 2016
Publication process dates
Deposited08 Sep 2021
Permalink -

https://acuresearchbank.acu.edu.au/item/8wvyv/imprisonment-of-indigenous-people-with-cognitive-impairment-what-do-professional-stakeholders-think-what-might-human-rights-compliant-legislation-look-like

Restricted files

Publisher's version

  • 3
    total views
  • 0
    total downloads
  • 3
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Human Rights issues in constitutional courts : Why Amici Curiae are important in the U.S., and what Australia can learn from the U.S. experience
Perry Jr, H. W. and Keyzer, Patrick. (2020). Human Rights issues in constitutional courts : Why Amici Curiae are important in the U.S., and what Australia can learn from the U.S. experience. Law in Context. 37(1), pp. 66-98. https://doi.org/10.26826/law-in-context.v37i1.127
Electronic Australian elections : Verifiability of accuracy is a design goal, which must be mandated by law and deliberately designed into electronic electoral processes
Teague, Vanessa and Keyzer, Patrick. (2020). Electronic Australian elections : Verifiability of accuracy is a design goal, which must be mandated by law and deliberately designed into electronic electoral processes. Law in Context. 37(1), pp. 42-65. https://doi.org/10.26826/law-in-context.v37i1.119
How section 90 of the Constitution makes cannabis law reform less likely in Australia
Keyzer, Patrick. (2020). How section 90 of the Constitution makes cannabis law reform less likely in Australia. Alternative Law Journal. 45(4), pp. 247-253. https://doi.org/10.1177/1037969X20948288
Ethical considerations in using social media to engage research participants : Perspectives of Australian researchers and ethics committee members
Hokke, Stacey, Hackworth, Naomi J., Bennetts, Shannon K., Nicholson, Jan M., Keyzer, Patrick, Lucke, Jayne, Zion, Lawrie and Crawford, Sharinne B.. (2020). Ethical considerations in using social media to engage research participants : Perspectives of Australian researchers and ethics committee members. Journal of Empirical Research on Human Research Ethics. 15(1-2), pp. 12-27. https://doi.org/10.1177/1556264619854629
Australia's expanding jurisprudence of risk : A critical analysis of Australian preventive detention and post-sentence supervision systems
Keyzer, Patrick and O'Donovan, Darren. (2019). Australia's expanding jurisprudence of risk : A critical analysis of Australian preventive detention and post-sentence supervision systems. In In Meijer, Sonja, Annison, Harry and O’Loughlin, Ailbhe (Ed.). Fundamental rights and legal consequences of criminal conviction pp. 227-246 Hart Publishing. https://doi.org/10.5040/9781509921003.ch-012
The marriage of psychology and law : Testamentary capacity
Zuscak, Simon, Coyle, Ian, Keyzer, Patrick and Machin, M. Anthony. (2019). The marriage of psychology and law : Testamentary capacity. Psychiatry Psychology and Law. 26(4), pp. 614-643.
Rudy Frugtniet v ASIC : Things to consider if Victoria introduces a spent convictions regime (with ‘A Message to You, Rudy’)
O’Toole, Suzanne and Keyzer, Patrick. (2019). Rudy Frugtniet v ASIC : Things to consider if Victoria introduces a spent convictions regime (with ‘A Message to You, Rudy’). Alternative Law Journal. 44(4), pp. 260-266. https://doi.org/10.1177/1037969X19877034
A concept mapping approach to identifying the barriers to implementing an evidence-based sports injury prevention programme
Donaldson, Alex, Callaghan, Aisling, Bizzini, Mario, Jowett, Andrew, Keyzer, Patrick and Nicholson, Matthew. (2019). A concept mapping approach to identifying the barriers to implementing an evidence-based sports injury prevention programme. Injury Prevention. 25(4), pp. 244-251. https://doi.org/10.1136/injuryprev-2017-042639
“It’s not black and white” : Public health researchers’ and ethics committees’ perceptions of engaging research participants online
Crawford, Sharinne, Hokke, Stacey, Nicholson, Jan M., Zion, Lawrie, Lucke, Jayne, Keyzer, Patrick and Hackworth, Naomi. (2019). “It’s not black and white” : Public health researchers’ and ethics committees’ perceptions of engaging research participants online. Internet Research. 29(1), pp. 123-143. https://doi.org/10.1108/IntR-07-2017-0278
Awareness and use of the 11+ injury prevention program among coaches of adolescent female football teams
Donaldson, Alex, Callaghan, Aisling, Bizzini, Mario, Jowett, Andrew, Keyzer, Patrick and Nicholson, Matthew. (2018). Awareness and use of the 11+ injury prevention program among coaches of adolescent female football teams. International Journal of Sports Science and Coaching. 13(6), pp. 929-938. https://doi.org/10.1177/1747954118787654
Fitness to stand trial and disability discrimination : An international critique of Australia
Freckelton, Ian and Keyzer, Patrick. (2017). Fitness to stand trial and disability discrimination : An international critique of Australia. Psychiatry Psychology and Law. 24(5), pp. 770-783.
The development and application of an observational audit tool for use in Australian fitness facilities
Gray, S., Keyzer, P., Dietrich, J., Jones, V., Sekendiz, B., Norton, K. and Finch, C.. (2016). The development and application of an observational audit tool for use in Australian fitness facilities. Journal of Fitness Research. 5(1), pp. 28-38. https://doi.org/10.1016/j.jsams.2014.11.019
The removal of convicted noncitizens from Australia : Is there only a ‘minimal and remote’ chance of getting it right?
Coyle, Ian and Keyzer, Patrick. (2016). The removal of convicted noncitizens from Australia : Is there only a ‘minimal and remote’ chance of getting it right? Alternative Law Journal. 41(2), pp. 86-88. https://doi.org/10.1177/1037969X1604100203