Acknowledgements endorsements Background methodology executive Summary 11 Recommendations 22 Article — general obligations 38
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| 169 People With Disability Australia, ‘NSW Health Review of the Mental Health Act 1990- Exposure Draft Bill: Mental Health Bill 2006’ (Review, 2006) 8 <www.pwd.org.au/documents/pubs/SB06-MentalHealth.doc>. 170 NSW Bar Association, ‘Does Australia Need A Bill of Rights?’ (Lecture, undated) 34 <www.nswbar.asn.au/docs/resources/lectures/bill_rights.pdf>. 171 Submission by attendee at the CRPD Shadow Report consultation in Perth, WA (30 November 2009). 172 Aboriginal Disability Justice Campaign, ‘Position Statement on the Inappropriate Incarceration of Aboriginal People with Cognitive Impairment’, (Position Paper, People With Disability Australia, October 2008) <www.pwd.org.au/systemic/adjc.html>. 173 Ibid. 174 Michael Brull, ‘The sad story of Marlon Noble’ on ABC Ramp Up, Ramp Up (9 December 2011) <www.abc.net.au/rampup/articles/2011/12/09/3387845.htm>. 175 Phillip French, ‘Disabled Justice’, above n Error: Reference source not found. 176 Redfern Legal Centre, Submission: ‘PWD and the Violation of their Procedural and Substantive Rights — Case Studies’, CRPD Shadow Report, 2010, 2. 177 Kathy Ellem, ‘The Impact of Imprisonment for People Labelled as Having an Intellectual Disability: A Qualitative Life Story Approach in the Queensland Context’ (PhD Research Proposal, School of Social Work and Applied Human Sciences, The Unviersity of Queensland, undated) <www.sistersinside.com.au/ media/ResearchProposal15KathyEllem.pdf>. 178 Forensicare (Victorian Institute of Forensic Mental Health), Submission to the Senate Select Committee on Mental Health, ‘Forensic Mental Health — Working with Offenders with a Serious Mental Illness’, 2005, 20 <www.aph.gov.au/senate/committee/mentalhealth_ctte/submissions/sub306.pdf>. 179 Ibid 20–1. 180 Ibid 19. 181 Marnie O’Neill, ‘Quadraplegic Drug Lord Paul Baker Jailed for 10 years’ The Sunday Telegraph (online) 31 May 2009 <www.news.com.au/national/quadraplegic-drug-lord-paul-baker-jailed-for-10-years/story-e6frfkvr-1225718692294>. 182 Case study provided by Nicolas Patrick, Pro Bono Partner, DLA Piper. 184 Manfred Nowak, Special Rapporteur, Interim Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 63rd sess, UN Doc A/63/175 (28 July 2008) 9. 185 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, reproduced in Crimes (Torture) Act 1988 (Cth) Sch. Australia ratified the Convention on 8 August 1989 and it came into force for Australia on 7 September 1989. 186 Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 (Cth) s 247. 187 Human Rights Act 2004 (ACT) s 18; Charter of Human Rights and Responsibilities Act 2006 (Vic). See also National Association of Community Legal Centres and Human Rights Law Resource Centre, ‘Australia’s Third Periodic Report to the UN Committee against Torture: Letter to the UN Committee against Torture’ (Open Letter, 6 July 2007) 2 <www.hrlrc.org.au/files/WS81VOHT6Y/Fax%20to%20CAT%20-%206%20July%202007.pdf>. 188 See, eg, Charter of the Human Rights and Responsibilities Act 2006 (Vic) s 7(2). 189Amnesty International, ‘Australia: A Briefing for the Committee against Torture’, (Report, October 2007) 8 <http://asiapacific.amnesty.org/library/pdf/ASA120012007ENGLISH/$File/ASA1200107.pdf>. 190 Ibid. 191 Human Rights and Equal Opportunity Commission, ‘Comments of the Human Rights and Equal Opportunity Commission on Australia’s Compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment’ (Comments, 2008) [14] <www.humanrights.gov.au/ legal/submissions/2008/080415_torture.html>. 192 The law relating to false imprisonment involves the intentional or reckless restraint of a person’s freedom of movement from a particular place that may be imposed for behaviour modification, control or treatment purposes: French, Dardel and Price-Kelly, above n Error: Reference source not found, 38. 193 Council of Australian Governments, National Disability Strategy, above n Error: Reference source not found, 41. 194 Women with Disabilities Australia, Submission to the UN, Analytical Study on Violence against Women and Girls with Disabilities, December 2011, 25; French, Dardel and Price-Kelly, above n Error: Reference source not found, 95 195 People With Disability Australia and Mental Health Coordinating Council, above n Error: Reference source not found, 27. 196 Cited in Women with Disabilities Australia, above n Error: Reference source not found, 25 from K McVilly, ‘Physical Restraint in Disability Services: Current Practices, Contemporary Concerns and Future Directions’ (Report, Office of the Senior Practitioner, Department of Human Services Victoria, 2008). 197 Women with Disabilities Australia, above n Error: Reference source not found, 25. 198 National Mental Health Consumer and Carer Forum, ‘Ending Seclusion and Restraint in Australian Mental Health Services’ (Position Statement, 2009) <www.nmhccf.org.au/documents/Seclusion%20&%20Restraint.pdf>; Paul Ramcharan et al, ‘Experiences of Restrictive Practices: A View From People with Disability and Family Carers’ (Research Report, Office of the Senior Practitioner, May 2009) <http://www.dhs.vic.gov.au/__data/assets/ pdf_file/0008/608588/osp_experiencesofrestrictivepractices_pdf_0509.pdf>. 199 Lynne Webber, Mandy Donley and Hellen Tzanakis, ‘Chemical Restraint: What Every Disability Support Worker Needs to Know’ (Article, Office of the Senior Practitioner, 2008). 200 Ibid 2. 201 Office of the Senior Practitioner, ‘Annual Report 2008–2009’ (Report, Department of Human Services, 2010) 21. 202 Paul Ramcharan et al, above n Error: Reference source not found. 203 Ibid 17. 204 French, Dardel and Price-Kelly, above n Error: Reference source not found, 96 205 Department of Communities, ‘Short Term Approvals — Frequently Asked Questions’ (Fact Sheet, Queensland Government, undated) <http://www.communities.qld.gov.au/resources/disability/publication/positive-futures-short-term-approvals-faqs.pdf>. 206 Submission by attendee at the CRPD Shadow Report consultation in Hobart, Tasmania (3 December 2009). 207 ABC News, ‘Victoria’s Disabled Housing ‘in Crisis’, Stateline Victoria, 4 December 2009. 208 National Mental Health Consumer and Carer Forum, above n Error: Reference source not found. 209 Ibid 7. 210 Information received from Children with Disability Australia, the Disability Discrimination Legal Service Victoria. See also ABC Television, ‘Hidden Shame’, 7.30, 17 May 2011 (Mary Gearin) <http://www.abc.net.au/7.30/content/2011/s3219518.htm>. 211 ABC, ibid. 212 Reported in the Herald Sun newspaper in 2010. 213 R v White [2007] VSC 142 (7 May 2007). 214 Human Rights Law Resource Centre, ‘Australia’s Compliance with the Convention against Torture: Report to the UN Committee against Torture’ (Report, April 2008) [50] <www.hrlrc.org.au/files/4M6OEL69DU/ HRLRC%20Report%20to%20CAT.pdf>. 215 Inquest into the death of Scott Ashley Simpson (Unreported, New South Wales Coroner’s Court, Pinch SM, 17 July 2006). 216 Forensicare, above n Error: Reference source not found, 21. 217 Ibid 20. 218 A forensic patient is a prisoner who has been found by a Court to be unfit to be tried or has developed a mental illness whilst being incarcerated. Recommendations to the Minister to release patients are made by the Mental Health Review Tribunal where it is satisfied the patient and members of the public will not be placed at risk of danger due to the patient’s release: Mental Health Act 1990 (NSW) Ch 5. 219 Inquest into the death of Scott Ashley Simpson above n Error: Reference source not found; NSW Council for Civil Liberties, ‘Addendum — Shadow Report Prepared for the United Nations Committee Against Torture on the Occasion of its Review of Australia’s Third Periodic Report under the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment’ (Report, NSW Council for Civil Liberties, 16 September 2007) 10–12 <http://www2.ohchr.org/english/bodies/cat/docs/ngos/NSWCCL.Add.1.pdf>. 220 Sisters Inside, Submission: ‘Rights of Women Prisoners’, National Human Rights Consultation, June 2009 <www.sistersinside.com.au/media/FINAL%20-%20National%20HR%20Submission%20June%202009.pdf>. 221 The Shopfront Youth Legal Centre, Submission: ‘Sexual Assault of Young Men in Prison Project’, National Human Rights Consultation, 15 June 2009, 4 <www.humanrightsconsultation.gov.au/www/nhrcc/ submissions.nsf/list/DB51D48972D82AFBCA25761500277B6A/$file/Jane%20Sanders_AGWW-7T26DXAGWW-7T26DX.pdf>. 222 Ibid 3. 223 Ibid. 224 People With Disability Australia, above n Error: Reference source not found. 225 The Shopfront Youth Legal Centre, above n Error: Reference source not found, 5. 226 Ibid 3. 227 Committee against Torture, Concluding Observations of the Committee against Torture: Australia, 40th sess, UN Doc CAT/C/AUS/CO/1 (22 May 2008) para 23. 228 Ibid. 229 Ibid. 230 Ibid. 231 An “unlawful citizen” is a non-citizen who does not hold a valid visa: Migration Act 1958 (Cth) ss 13, 14. 232 Migration Act 1958 (Cth) s 189. 233 Migration Act 1958 (Cth) s 196. 234 ABC Radio, ‘Another Indonesian Teen Freed After People Smuggling Case Dropped’, PM, 16 November 2011 (Peter Lloyd) <www.abc.net.au/pm/content/2011/s3368277.htm>. 235 Committee against Torture, Concluding Observations of the Committee against Torture: Australia, 40th sess, UN Doc CAT/C/AUS/CO/3 (22 May 2008) para 11. 236 See Keenan v United Kingdom (2001) 33 EHRR 913. See also Price v United Kingdom (2001) 34 EHRR 1285; McGlinchey v United Kingdom (2003) 37 EHRR 821; Holomiov v Moldova [2006] ECHR 30649/05; Istratii v Moldova [2007] ECHR 8721/05. 237 Human Rights Law Resource Centre, Submission to the Joint Standing Committee on Migration Review of Immigration Detention, Inquiry into Immigration Detention in Australia, August 2008, 20 <www.hrlrc.org.au/content/topics/refugees-and-asylum-seekers/refugee-rights-submission-inquiry-immigration-detention/>. 238 Charter of Human Rights and Responsibilities Act 2006 (Vic) s 10(c); Human Rights Act 2004 (ACT) s 10(2). 239 French, Dardel and Price-Kelly, above n Error: Reference source not found. 240 Committee against Torture, Concluding Observations of the Committee against Torture: Australia, 40th sess, UN Doc CAT/C/AUS/CO/3 (22 May 2008) para 25. 241 French, Dardel and Price-Kelly, above n Error: Reference source not found, 84; Sonya Price-Kelly and Maria Attard, ‘Accommodating Violence: The Experience of Domestic Violence and People with Disability Living in Licensed Boarding Houses’ (Report, People With Disability Australia — Disability and Domestic Violence in Residential Settings Project, September 2010). 242 Council of Australian Governments, National Disability Strategy, above n Error: Reference source not found, 38 243 Ibid 41. 244 The National Disability Agreement commenced on 1 January 2009 and is in effect for five years. 245 Carolyn Frohmader, Women with Disabilities Australia, Submission to the UN Analytical Study on Violence against Women and Girls with Disabilities, December 2011, 30. 246 Council of Australian Governments, National Plan to Reduce Violence against Women and their Children 2010–2022 (Commonwealth of Australia, 2011) 27. 247 Price-Kelly and Attard, above n Error: Reference source not found; Frohmader, Submission to the UN, above n Error: Reference source not found. 248 Council of Australian Governments, Protecting Children is Everyone’s Business: National Framework for Protecting Australia’s Children 2009–2020 (Commonwealth of Australia, 2009) 21. 249 French, Dardel and Price-Kelly, above n Error: Reference source not found, 18. 250 Ibid 68. 251 Queensland Advocacy Incorporated, ‘Submission to the Shadow Report’, email dated 14 July 2010, ‘John’s Story’. 252 Reported in the Courier Mail newspaper in October 2010. 253 Frohmader, Submission to the UN, above n Error: Reference source not found, 7; Phillip French, ‘Disabled Justice’, above n Error: Reference source not found; Lucy Healey et al, ‘Building the Evidence: A Report on the Status of Policy and Practice in Responding to Violence Against Women with Disabilities in Victoria’ (Report, Victorian Women with Disabilities Network Advocacy Information Service, 2008). 254 Quoted in Council of Australian Governments, National Disability Strategy, above n Error: Reference source not found, 41. 255 Ibid, 41 256 Reported from Victorian study in Frohmader, Submission to the UN, above n Error: Reference source not found, 13. 257 Leanne Dowse and Annie Parkinson, ‘Forgotten Sisters: Recognising and Responding to Domestic Violence in the Lives of Women with Disabilities’ (Paper presented at the Domestic Violence, Disability and Cultural Safety National Forum, NSW Australia, 8–9 November 2007) 5 <http://www.wwda.org.au/dowsedv07.pdf>. 258 Reported by the Aboriginal Disability Network NSW, First People’s Disability Network Australia, the National Ethnic Disability Alliance and the Multicultural Disability Advocacy Association. 259 Suellen Murray and Anastasia Powell, ‘Sexual Assault and Adults with a Disability: Enabling Recognition, Disclosure and a Just Response’ (Issues Paper No 9, Australian Centre for the Study of Sexual Assault, 2008) 9–10 <http://www.aifs.gov.au/acssa/pubs/issue/acssa_issues9.pdf>. 260 French, Dardel and Price-Kelly, above n Error: Reference source not found; Suellen Murray and Anastasia Powell, ibid 7. 261 French, Dardel and Price-Kelly, above n Error: Reference source not found. 262 NSW Rape Crisis Centre, ‘Working against Sexual Violence — I Have a Disability’ (Information Sheet, undated). 263 Ibid. 264 Carolyn Frohmader, Submission, above n Error: Reference source not found, 22. 265 Ibid. 266 NSW Ombudsman, ‘More than Board and Lodging: The Need for Boarding House Reform (Special Report to Parliament, NSW Ombudsman, August 2011) <http://www.ombo.nsw.gov.au/publication/PDF/specialreport/ SR%20Boarding%20Houses.pdf>; Adele Horin, ‘Disturbing Tales From Behind Closed Doors, Sydney Morning Herald (Sydney), 16 July 2011. 267 French, Dardel and Price-Kelly, above n Error: Reference source not found. 268 Ibid. 269 Price-Kelly and Attard, above n Error: Reference source not found; French, Dardel and Price-Kelly, above n Error: Reference source not found. 270 Reported by People With Disability Australia, Advocacy for Inclusion, Women with Disabilities Australia. 272 National Mental Health Consumer and Carer Forum, above n Error: Reference source not found. 273 Heather Clarke, ‘Women at Risk of Abuse in Mixed Sex Psychiatric Wards’ (Information Sheet, Victorian Women and Mental Health Network, 29 May 2008) 1 <www.health.gov.au/internet/nhhrc/publishing.nsf/ Content/191-vwmhn/$FILE/Submission%20191%20-%20Victorian%20Women%20and%20Mental%20Health %20Network%20Submission.pdf>. 274 Victorian Women and Mental Health Network, ‘Nowhere to be Safe: Women’s Experiences of Mixed-Sex Psychiatric Wards’ (Report, April 2008) 4–5 <http://www.vicserv.org.au/uploads/documents/ general%20docs/Nowhere%20to%20be%20Safe%20Final%20layout.pdf>. 275 Richard Baker and Nick McKenzie, ‘Patient “Silenced” After Sex Abuse’, The Age (Melbourne), 21 November 2011 <http://www.theage.com.au/victoria/patient-silenced-after-sex-abuse-20111120-1npeh.html#ixzz1f7vHXdna>. 276 NSW Disability Discrimination Legal Centre, Submission, above n Error: Reference source not found, 35. 277 Bruce McDougall, ‘Son Knocked Out in Schoolyard Bashing — Dad Not Told for Three Hours’, The Daily Telegraph (online) 11 February 2010 <www.dailytelegraph.com.au/news/son-knocked-out-in-schoolyard-bashing-dad-not-told-for-three-hours/story-e6freuy9-1225828959512>. 278 Lucy Healey et al, above n Error: Reference source not found, 14. 279 Council of Australian Governments, National Plan, above n Error: Reference source not found, 79. A recent study found that only 38 percent of women’s refuges in NSW are physically accessible for women in wheelchairs: Department of Families, Housing, Community Services and Indigenous Affairs, ‘Women, Domestic and Family Violence and Homelessness: A Synthesis Report’ (Report, Australian Government, August 2008) 4.1.3: Women with disabilities <www.fahcsia.gov.au/sa/women/pubs/violence/synthesis_report08/Pages/groups_women_need_assist.aspx>. 280 Lucy Healey et al, above n Error: Reference source not found, 14. 281 Ibid. 282 Convention on the Rights of Persons with Disabilities: Declarations and Reservations (Australia), above n Error: Reference source not found. 283 Department of Human Services, ‘Review of the Mental Health Act 1986: Community Consultation Report’ (Report, Victorian Government, July 2009) 14, 19. 284 Manfred Nowak, above n Error: Reference source not found, 16. 285 Richard Baker and Nick McKenzie, ‘Deaths in Mental Health Facilities: Unexpected, Unnatural and Violent’, The Age (Melbourne) 3 September 2011 <www.theage.com.au/victoria/deaths-in-mental-health-facilities-unexpected-unnatural-and-violent-20110902-1jqdg.html#ixzz1bYnkI55H>. 286 Ibid 14. 287 Ibid 16. 288 An involuntary treatment order authorises involuntary treatment for mental illness. An involuntary treatment order can be made if an authorised doctor is satisfied that all the criteria for involuntary treatment apply: Queensland Health, ‘Mental Health Act 2000 — Involuntary Treatment’ (Fact Sheet No 3, Queensland Government, undated) <www.health.qld.gov.au/mha2000/documents/factsheet3.pdf>. 289 A supervised treatment order is a civil order in relation to a person with an intellectual disability (who is receiving residential services) to prevent the risk of significant harm to others: Department of Human Services, ‘Supervised Treatment — Disability Act 2006’ (Information Sheet No 15, Victorian Government, 2011) <www.dhs.vic.gov.au/__data/assets/pdf_file/0005/152663/disact_infosheet15supervisedtreatment_pdf_280607.pdf>. Yüklə 1,19 Mb. Dostları ilə paylaş:
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