A Senate committee has called for nationwide change to amend the practise of indefinite detention of people with cognitive and psychiatric impairment.

At least 100 people in Australia are currently detained without conviction in prisons and psychiatric units under mental impairment legislation – at least half of whom are believed to be Indigenous.

The year-long inquiry tabled its final report this week along with 32 recommendations.

One recommendation calls for Commonwealth action to develop a national statement of principles to declare indefinite detention to be unacceptable and for Australian legislation to be changed to reflect that.

Other key recommendations from the report include;

  • The implementation of a Disability Justice Plan in each state and territory
  • Coalition of Australian Governments (COAG) should work together to cease the use of mandatory sentencing
  • Construction in the Northern Territory of non-prison secure care facilities and supported accomodation options

The committee also called for further investigation of access to justice issues.

The inquiry received 78 submissions – some from a consortium of stakeholders advocating for Indigenous rights.

Policy and research director for the First People’s Disability Network, Scott Avery, says they would have liked to see a stronger focus on the factors that lead to interaction with the justice system.

 

The full report is available here.