Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

I seek leave to move a motion in relation to the response by the Attorney-General to the motion that we passed in the Senate regarding accommodation support services for people with a cognitive impairment in the justice system.

Leave granted.

I move:

That the Senate take note of the document.

I thank the Attorney-General for the response and for saying that he has asked his department to continue to monitor developments in this area and to brief him on different approaches in the states and territories. Before that he made the point that it was an important issue for the justice system but that criminal detention and detention of people in mental health facilities are under state and territory governments. We know that. I am pleased to see that, on the one hand, he seems to be palming it off to the states and territories. He has said he has asked his department to consider these issues. Because of course we are seeing a lot of people with significant cognitive impairments being held without trial in the justice system which many people, including me, believe is not fair. In particular, discussion at that time arose because of the detention of Ms Roseanne Fulton in Kalgoorlie in my home state of Western Australia and her desire to go back to Central Australia, which is where she came from.

I understand that the Northern Territory government is actively engaged with the Western Australian government in trying to safely transfer Ms Fulton back to Alice Springs. Last time I had communication about that, those negotiations were ongoing. I understand at that time there was goodwill on both sides but there were still issues to be resolved. This is an issue not only in Ms Fulton's case but in how you provide safe accommodation for people.

This is one of the areas I understand Senator Scullion has become involved in, and I am very pleased to see that. Again, it highlights the importance of the Minister for Indigenous Affairs taking an interest in this, and the leadership that the federal government can and, I believe, must show. These issues are not just confined to the different states and territories; there are many cross-boundary issues. It goes to the issue of how we support people with a cognitive impairment that become involved in the justice system.

In my home state, again, in Western Australia we had Mr Noble's case where he was held without conviction in the criminal justice system in completely inappropriate circumstances. He was held for a long period of time before enough community members were able to raise awareness of the issue of people with cognitive impairment being held in the justice system, which is not designed for people with cognitive impairments. It isn't fair. They have not been helped. They have not been convicted of a crime and yet they are being held in detention.

Ms Fulton's case, I am hoping, will be satisfactorily resolved but it is one of many cases. The community and people's guardians should not have to be campaigning to the extent that was required for Ms Fulton to ensure that people are properly supported, in appropriate accommodation and not held in some cases for longer than a decade without conviction.

I urge Attorney-General Brandis to keep on at his department to continue to monitor developments in the states and show leadership by pulling those states and territories together to get progress. This has been an issue that has been ongoing for some time.

I congratulate the community and the work that has been done to raise awareness of this issue. We cannot let this issue fall off the agenda now. It is critical that we keep pursuing this issue to ensure that it is resolved so that in 12 months time those of us who are working on it do not have to come back and ask for another Senate motion to raise awareness of somebody else who has been held without conviction in inappropriate accommodation away from their families and without appropriate support and advice.

Question agreed to.