including acquired brain injury, mental health or
intellectual disability "have a much higher rate of
early contact with the justice system than those
with a single disability or without a disability.
Prisoners with an intellectual disability have high
rates of deferral of parole due to a lack of post-
release accommodation with appropriate support.
In addition, prisoners with an intellectual disability
have a higher average number of prison incidents
recorded against them
hearing loss are disadvantaged. They may face
more severe penalties if they cannot communicate
effectively with police, if they cannot participate
or fully understand court proceedings or cannot
understand bail conditions or a parole order
because of undetected hearing loss".
at similar rates, except for psychological disability,
which women are more than twice as likely to
experience as men.
of Koori people have a form of mental illness and
Indigenous people experience high or very high
levels of psychological distress at twice the rate of
non-Koori people.
disabilities among Koori men and women further
contribute to Indigenous over-representation in
prisons, with people with these forms of disabilities
already make up a significant proportion of the
prison population.
of Koori women prisoners have received a lifetime
diagnosis of mental illness.
post-traumatic stress disorder (PTSD). Almost half
(46 per cent) of women, as compared to 14.7 per
cent of men, were found to have met the criteria
Parliament of Australia, `Report into Justice
Reinvestment', above n 34, 38.
Australian Bureau of Statistics, The Health and Welfare
of Australia's Aboriginal and Torres Strait Islander
Peoples, Oct 2010 cat 4704.0 (2011). <http://www.abs.
gov.au/AUSSTATS/abs@.nsf/lookup/4704.0Chapter510O
ct+2010> at 14 July 2013.
At a rate of 21.4 per cent compared to 10 per cent.
State of Victoria, VicHealth, Aboriginal Health in Victoria
Research Summary (2009) 3.
State of Victoria, Sentencing Advisory Council,
`Comparing Sentencing Outcomes', above n 49, 49.
That is 92.3 per cent. James Ogloff et al, `Koori Prisoner
Mental Health', above n 134, 13.
with mental illnesses had a co-occurring
substance misuse disorder".
For example, a study of prisoners in New South
Wales, found that 91 per cent of Aboriginal
and Torres Strait Islander prisoners examined
experienced mental illness or a cognitive disability.
Aboriginal and Torres Strait Islander female prisoners
had at least one mental health disorder, compared
to a prevalence rate in the general community
estimated at 20 per cent. The study concluded that
"the overrepresentation of Aboriginal and Torres
Strait Islander people in prison, the high prevalence
of mental disorder, and the frequent transitioning
to and from prison, would have flow-on effects in
Aboriginal and Torres Strait Islander communities".
Indigenous person to access appropriate housing
that caters for their particular complex social and
cultural needs."
primary, secondary, and tertiary.
a rate of 246 per 10,000, compared to 40 per
10,000 for non-Indigenous people, indicating
that Koori Victorians are six times as likely to be
homeless as non-Koori Victorians.
government-funded specialist homelessness
agencies identified as Aboriginal.
177
Cited in State of Victoria, Sentencing Advisory Council,
`Comparing Sentencing Outcomes', above n 49, 50.
Parliament of Australia, `Report into Justice
Reinvestment', above n 34, 35.
Australian Housing and Urban Research Institute,
Indigenous Homelessness (2010) 1.
Primary homeless describes the situation of people
without conventional accommodation, whether it is
living on the street or in improvised accommodation
such as a shed or garage. Secondary homelessness
describes the situation of living in temporary
accommodation, including emergency or transitional
accommodation or a temporary stay in another
household. Tertiary homelessness describes the
situation of living in a boarding house on a medium to
long-term basis. See, Australian Institute of Health and
Welfare, Counting the Homeless 2006: Victoria (2009)
5.These definitions are similar to those contained in the
Supported Accommodation and Assistance Act 1984
(Cth) and Homelessness Bill 2013 (Cth)
Australian Institute of Health and Welfare, Counting the
Homeless 2006: Victoria (2009) 65.