Read The Times Australia

Daily Bulletin

Prisoners are excluded from the NDIS – here's why it matters

  • Written by: Jesse Young, Research Fellow and PhD Candidate, University of Melbourne
image

The National Disability Insurance Scheme (NDIS) is designed to provide access to personalised supports and services for all Australians with a disability. However, the NDIS specifically excludes prisoners.

Inadequate disability-specific services in prison make this exclusion inconsistent with conditions in the United Nations’ “Mandela Rules”. These set out minimum requirements for the treatment of prisoners. They state health care in prison must be equivalent to that in the community.

Excluding prisoners from the NDIS is also inconsistent with Articles 12 and 13 of the UN Convention on the Rights of Persons with Disabilities. These state that people with disabilities must have equal legal capacity with others in all aspects of life. This includes equal access to, and within, the justice system.

Australia ratified the UN convention in 2008 and the optional protocol in 2009. In December 2015, Australia and all other members of the UN General Assembly unanimously adopted the Mandela Rules.

This means the federal government, by excluding prisoners from the NDIS, is discriminating against prisoners with a disability in direct contravention of our international human rights obligations.

People with disability are more at risk of incarceration and, without adequate support, of re-offending. Interrupting care also puts those with a disability at risk of further incarceration.

Further, denying services to prisoners with a disability doubly disadvantages Indigenous prisoners and potentially widens the gap of Indigenous disadvantage.

Disability increases incarceration risk

Disability often restricts workplace, school and social participation. People with a disability are at increased risk of poverty and social exclusion. They often have complex health and social needs, and experience barriers to accessing health and social services.

Without appropriate support, disability can increase the risk of incarceration. Nearly all forms of disability are more common among prisoners than the general population. A study of inmates across Queensland estimated one in ten prisoners had an intellectual disability – although inclusion of cognitive and psychiatric impairment dramatically increases the proportion with disability.

People with a disability are particularly vulnerable to manipulation or assault in prison. They also experience decreased access to prison services and activities.

Indigenous prisoners with disability

The rate of Indigenous incarceration is around 13 times greater than that of non-Indigenous prisoners. This inequality gap increased by 50% between 2001 and 2016.

The true magnitude of the inequality is actually even greater. That’s because estimates are based on a daily snapshot of the prison population and Indigenous people churn through this system at a faster rate than non-Indigenous people.

Although Indigenous prisoners are more likely than non-Indigenous prisoners to experience a disability, their disabilities are less likely to be identified. And among prisoners with a disability, those who identify as Indigenous are less likely to have received disability services before incarceration. This means Indigenous people with a disability can find the experience of incarceration particularly harrowing.

A lack of consistent care likely perpetuates the inequalities that Indigenous people experience prior to incarceration.

More likely to return to custody

Transition to the community requires people with a disability to adapt rapidly to new circumstances and interact with a complex service environment.

Our recent research found the majority of prisoners with intellectual disability likely remain unidentified and unsupported when they return to the community. They often lack the capacity to look after their health, including through access to health services.

Not surprisingly, intellectual disability is a risk factor for return to custody. Ex-prisoners with generally poorer health are more likely to return to custody.

The federal government has repeatedly refused to reconsider a clause in the Health Insurance Act (1973) that excludes prisoners from Medicare and PBS subsidies. A similar exclusion exists in the much-maligned US prison system.

This inequity persists despite calls from the Australian Medical Association, Public Health Association of Australia and others for reform.

The NDIS exclusion is yet another substantial barrier between disability service providers and prisoners. By implementing this exclusion, the government is flying in the face of compelling evidence that interruptions in care for people with a disability increase the risk of poor health and re-offending.

Effectively meeting the health, social and cultural needs of Indigenous people with a disability in custody is central to ending the cycle of incarceration and closing the gap. The government’s decision to actively exclude prisoners from the NDIS will exacerbate an already unsettling track record of contravening the human rights of Indigenous Australians.

Authors: Jesse Young, Research Fellow and PhD Candidate, University of Melbourne

Read more http://theconversation.com/prisoners-are-excluded-from-the-ndis-heres-why-it-matters-73912

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...