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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-03-23 Daily Xml
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Matters of Interest

Disability Housing

The Hon. K.L. VINCENT (15:21): It has come to the attention of Dignity for Disability that the corrections system in this state continues to be used as a stopgap accommodation measure for people with disability, particularly for people with intellectual disability acquired by an injury, mental illness, foetal alcohol spectrum disorder and other types of health conditions. A fortnight ago I became aware that a man with an intellectual disability had been 'housed' in a South Australian prison for about a month. Frankly, I cannot believe—or cannot believe that I have to believe—that a man who has an intellectual disability has been put in prison for the simple reason that there is nowhere else for him to go.

I am furious, as I believe we all should be, that no-one has taken real responsibility to ensure that he had a safe place to permanently stay, a safe home as opposed to a cell. Where is the human decency and the legality and the compassion within agencies like Disability SA, SAPOL, Corrections and Housing SA staff if a situation like this can still arise? What kind of bureaucratic madness has occurred here and continues to occur?

I am the first to admit that I perhaps do not have all the details about this case, all the information, but really it is not about this case but about the systemic issues. The background I have been able to trace suggests an unfortunate chain of events leading to this man's incarceration. This is a gross violation of human rights, and there must be some questions asked about who ultimately allowed this to happen. I understand that this man was previously working in a supported employment position, but his housing circumstances must have changed.

For goodness sake, in 2016 how can this man have been sent to prison for want of a fixed address? Prison is not a safe place for many people, particularly not adults who may be vulnerable or susceptible to particular experiences because of their disability. We need a statewide strategy that includes options for homelessness support, particularly for people with disabilities.

While my office also understands that this man has since been found a suitable home, I urge the South Australian government to ensure that this breach of human rights does not happen again—in this state or anywhere else in the world. It is also essential that advocacy and support are provided, particularly to people who may have disabilities or other issues such as low literacy, to ensure that they are aware of their rights and how to assert them in a situation such as this.

I also urge the state government to look at the evidence currently being collected by the Senate Community Affairs References Committee inquiry looking into the indefinite detention of people with cognitive and psychiatric impairment in Australia. The terms of reference include (and this is by no means an exhaustive list, due to time restrictions):

the prevalence of imprisonment and indefinite detention of individuals with cognitive and psychiatric impairment in Australia;

the experiences of individuals with cognitive and psychiatric impairment who are imprisoned and detained indefinitely;

the differing needs of individuals with various types of cognitive and psychiatric impairment, such as foetal alcohol syndrome, intellectual disability or acquired brain injury and mental health disorders;

compliance with Australia's human rights obligations—because let's not forget that indefinite detention without proof of committing a crime is against our human rights obligations;

the capacity for various commonwealth, state and territory systems, including assessment and early intervention, appropriate accommodation, treatment evaluation, training and personnel and specialist support and programs;

the interface between disability services, support systems, the courts and corrections systems in relation to the management and support of cognitive and psychiatric impairment;

access to justice for people with cognitive and psychiatric impairment, including the availability of assistance and advocacy support for defendants.

I am very proud, as I think all in this chamber should be, of the work that South Australia has done on projects like the Disability Justice Plan, but it is clear that we still have so much work to be done when in 2016 a man who is not serving time for crime, but is in prison because of a lack of appropriate funded accommodation or housing in the community, can be sent indefinitely to prison until a house is found. This is not a situation that any other person would expect, and I am sick and tired of people with disabilities being expected to expect different standards because of their disability status. We would not accept this for anyone else; we should not accept it in the circumstance. I look forward to working with all members to ensure that everyone has a home over their heads rather than a prison cell.

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