The Law Reform Commission is constituted by the Law Reform Commission Act 1967 (NSW). For the purpose of this reference, the Chairman, in accordance with the Act, created a Division comprising the following members of the Commission:
In the early stages of the Commission’s research for this reference, the Commission decided it should place a priority on seeking input from people with disabilities. This Research Report records discussions held with six groups of people with intellectual disabilities. The discussions focussed on their experiences with the criminal justice system and, most importantly, their suggestions for reform.
The consultations were co-ordinated by Leonie Armstrong. This Report was prepared by Leonie Armstrong and Stephanie East of the Commission, with assistance from Tom McGuire. Additional comments on the contents of the Report came from the members of the Division and its Honorary Consultants for this reference, Professor Susan Hayes and Mark Ierace. Julie Freeman undertook the desk-top publishing.
Unlike other Commission reports, this Research Report does not contain recommendations for reform. Rather it records the rationale and methodology for the consultation groups, the comments made by the participants, and some observations by the Commission. This Report will provide background information for the Commission’s forthcoming Discussion Paper and its final Report to the Attorney General.
This Report is one of two Research Reports for this reference made possible by a grant from the Law Foundation of New South Wales. This grant covered the expenses of the discussion groups and the printing costs of this Report, and enabled the Commission to engage the services of the Redfern Legal Centre Intellectual Disability Rights Service (IDRS), who designed the session outline, led the Sydney discussion groups and provided valuable comments on drafts of the Report. The Commission would particularly like to thank Jenny Klause and Carol Pein of IDRS for their invaluable assistance.
This project was also greatly assisted by the other discussion leaders: Cynthia Beck, Elise Briggs, Donna Daleo, Arnie Olbrich and David Ross, many of whom also commented on the draft Report. The Commission would also like to thank the service providers who helped with the recruitment and transport arrangements of participants, and without whose unpaid efforts the consultations would not have been possible. Finally, and most importantly, the Commission is indebted to all the participants in the discussion groups whose willingness to share their views and proposals for reform with the Commission enabled a greater understanding of the difficulties faced by people with an intellectual disability in the criminal justice system.
Peter Hennessy
Executive Director
