People with disability are over-represented in the justice system whether as complainants, litigants, defendants, victims or other witnesses. They also encounter significant barriers in undertaking roles as officers of the courts, such as jurors (See also Articles 12 and 29), lawyers, administrators and adjudicators.120
Some of these issues are acknowledged as areas for action in the National Disability Strategy (NDS)121 and Australia’s National Human Rights Action Plan Exposure Draft (NHRAP Exposure Draft).122 However, the NDS contains no specific measures to address these issues and the NHRAP Exposure Draft had not at March 2012 been endorsed by Australian governments.
Australian governments fund some legal services specifically for people with disability and Australian courts are introducing disability access schemes.123 However, people with disability participating in the legal system often experience significant barriers,124 with many finding access to justice too difficult, hostile or ineffectual.125As a result, people with disability are often left without legal redress.126
Australian governments fund disability advocacy services to provide support to people with disability to safeguard and exercise their rights.127 However, there are some gaps in advocacy funding, such as the lack of funding from the South Australian Government for the provision of advocacy, and the lack of funding for a specific Aboriginal and Torres Strait Islander self-governing disability advocacy program.
