Topic: Factsheets

Factsheet: The National Disability Strategy 2010-2020, Implementation of the CRPD, and Resourcing of Disabled People’s Organisations

Background Australia has not fully incorporated the Convention on the Rights of Persons with Disabilities (CRPD) into Australian domestic law and there remains no comprehensive legislative, administrative, judicial framework for the protection of human rights. Australia’s implementation of its CRPD obligations are set out in the National Disability Strategy 2010-2020 (NDS),[i] a ten year national…

Factsheet: Equality Before the Law and Supported Decision-Making

Background A number of Australian laws, policies and practices deny or diminish recognition of people with disability as persons before the law, or deny or diminish the right of a person with disability to exercise legal capacity. This takes place in laws such as guardianship, estate management and mental health laws and affects areas such…

Factsheet: Indefinite Detention of Persons with Disability Within the Criminal Justice System

Background All Australian jurisdictions have in place legislation that addresses a defendant within the criminal justice system and their ‘fitness’ to stand trial. These justice diversion provisions are applied when people with disability, particularly those with cognitive or psychosocial disability are deemed ‘unfit’ to stand trial. An unfitness test may arise as an issue before…

Factsheet: Inclusive education

Background The current education system in Australia is failing to adequately meet the needs of students with disability, and it is rare for students with disability to be provided with a genuine inclusive educational experience.[i] Despite available data showing that 90.2% of students with disability attend regular or mainstream schools, only 36% of people with…

Factsheet: Forced Treatment and Restrictive Practices

Background Across Australia, mental health laws, policy and practice authorise the forced treatment of people with psychosocial disability, limiting individual rights to liberty and security and equal recognition before the law. Laws have failed to prevent, and in some cases actively condone unacceptable practices, including invasive and irreversible treatments, such as the authorisation of psychosurgery,…

Factsheet: Forced Sterilisation of People with Disability and People with Intersex Variations

Background Forced sterilisation of people with disability, particularly women and girls with disability, and people with intersex variations, is an ongoing practice that remains legal and sanctioned by Governments in Australia.[i] Since 2005, UN human rights treaty bodies, UN special procedures and international medical bodies have made recommendations to Australia to enact national legislation to…