What we found
The level of crime experienced by people with disabilities in Victoria is substantial. This is in spite of – and sometimes the result of – systems that are designed to provide justice and safety. We know that some people are at greater risk, including people with intellectual and mental health disabilities, communication disabilities and women with disabilities.
Our study found that people with disabilities face significant and multifaceted barriers when it comes to reporting crime to police. These barriers are experienced across a number of settings and in multiple ways. For those living in environments that are socially isolating, additional barriers exist because these crimes occur behind closed doors.
When police have a good understanding of disability, believe victims and take the report seriously, higher levels of satisfaction with police practice are reported. What makes the difference is the quality of the first interaction between people with disabilities and police, and consistent follow-up by police members. This is largely informed by the skill and attitude of individual police members. However it is also determined by the overall culture of what is a very large and complex organisation
Victims of crime with disabilities must be able to access consistent support – when they need it and for as long as they need it across the justice process. There is a critical need to provide clarity on the roles and expectations of police working with people with disabilities – a victim cohort with specific needs.
Police often don’t know where to get assistance such as an interpreter or communication assistance, that would enable people with disabilities to report crime or they may decide early that there is ‘no point’ investigating because the case will not be successfully prosecuted. In some cases, police members refuse to accept reports or may assume the service will manage the investigation. In other cases, reasonable adjustments are not made.
The Commission’s study confirmed that other key parts of Victoria’s justice system are not built for accessibility. We found that while some progress has been made, basic adjustments are not always made to adapt court practices and facilities to meet the access needs of witnesses with sensory, physical, intellectual or communication disabilities.
The justice system does not operate in isolation. Police practice is affected by, and affects, practices in other systems. In regards to disability, health and mental health services, although there are departmental policies in place, there is a lack of clarity within services about when and how to undertake internal investigations, including issues of relying on a criminal threshold for taking action and substantiating allegations.
Building workforce capability in health and human services is necessary to achieve the aim of safeguarding rights, and for crimes to be treated as crimes. There is also a need to establish systems to minimise the risk of perpetrators of abuse moving between services.
The research raises the need for better coordination and governance across and within services systems, including across and within Victoria Police, the Department of Health and Human Services, and the Department of Justice.
