Corrections Victoria Disability Framework2007–2009

Addressing The Barriers

Corrections Victoria Disability Framework2007–2009

Addressing The Barriers

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Published by the Department ofJustice, June 2007

Enquiries about this publication can bedirected to:Corrections VictoriaDepartment of Justice121 Exhibition Street Melbourne VIC3001, orGPO Box 123, Melbourne Vic 3001Email: corrections@justice.vic.gov.au

Also published onwww.justice.vic.gov.au

If you would like to receive thispublication in an accessible format,such as large print or audio, pleaseemail accessibility@justice.vic.gov.auor telephone the StrategicCommunication Branch, Department ofJustice on 03 8684 0332, the Nationalrelay telephone service (TTY) 13 36 77or the Translating and InterpretingService (TIS) 13 14 50.

© Copyright State of Victoria 2007This publication is copyright. No partmay be reproduced by any processexcept in accordance with theprovisions of the Copyright Act 1968.

ISBN 978-1-921028-47-2

Authorised by: The Victorian Government, Melbourne Printed by Braemar Graphics, 121–123 Ferrars Street, Southbank

Acknowledgement: (G. Gathercole, cover artist)

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Foreword

I am delighted to introduce‘Addressing The Barriers’ – theCorrections Victoria DisabilityFramework.

The launch of the Disability Frameworkrepresents a significant step forwardfor Corrections Victoria in respondingto those offenders who have adisability. Rates of re-offending for thisoffender group in prison are higherthan for other offenders, and a morecustomised response is needed if weare to provide more effectiveinterventions and improvedrehabilitation prospects. Thisframework provides a detailedblueprint for tackling the significantissue of offenders with a disability, andwill drive better outcomes for them asindividuals and for the community as awhole, as we seek to address re-offending. The Disability Frameworkprovides a clear articulation of why weneed such a response and outlineswhat we plan to do over the next threeyears and beyond for offenders with adisability.

The Disability Framework builds on theDepartment of Justice Disability ActionPlan 2005–2008, and has beendeveloped in consultation with a widerange of internal and externalstakeholders, including the disabilitysector. The collaboration throughwhich the Disability Framework wasdeveloped will continue in itsimplementation phase. Working inclose partnership with other areas ofthe Justice Portfolio, governmentdepartments, such as the Departmentof Human Services, and the disabilitysector is a key objective of theDisability Framework.

Embedding responsiveness todisability in the everyday practice ofCorrections Victoria will requirechanges to the way Corrections’services and functions are undertaken.To achieve this, actions within theDisability Framework aim to establishreliable prevalence and assessmentdata, enhance access to programsand services, and equip theCorrectional workforce with thenecessary skills to appropriatelymanage offenders with a disability.

Change in any organisation ischallenging. We aim to meet thischallenge through strong leadershipon the issue of disability at all levels ofCorrections Victoria operations andthrough the clear directions set out inthe Disability Framework. This willassist Corrections Victoria in achievingits mission to deliver a safe and securecorrections system in which weactively engage offenders and thecommunity to promote positivebehaviour change.

I acknowledge the work of the manypeople and agencies who havecontributed to the development of theDisability Framework, and thestakeholders who will support ourchange program over the next threeyears.

KELVIN ANDERSONCommissionerCorrections VictoriaJune 2007

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Commissioner’s Foreword iii

Vision Of The Corrections Victoria Disability Framework vStatement Of Principles vObjectives vi

Introduction 1

Background 3About Corrections Victoria 3Legislative And Policy Context 3What Is Disability? 4Rationale 4Impact Of Disability 6Continuum Of Care 7Offenders With A Disability 7Diversity 9

Disability Framework 11What Is The Corrections Victoria Disability Framework? 11How Was The Corrections Victoria Disability Framework Developed? 11Supporting The Implementation Of The Disability Framework 12

Objectives – Achievements And Plans 13Objective 1: Ensuring Policy Alignment 13Objective 2: Building The Evidence Base 13Objective 3: Improving Access And Infrastructure 14Objective 4: Enhancing Systems 15Objective 5: Enhancing Skills 16Objective 6: Ensuring System Transparency 16Objective 7: Ensuring Stakeholder Communication And Support 17

Conclusion 18

Contents

Vision Of The Corrections Victoria Disability Framework

Corrections Victoria has a vision ofaddressing the issue of disability byintegrating it into all aspects ofplanning, training, programdevelopment and infrastructureprojects. In this way, ‘disability’ wouldbe considered as mainstreambusiness rather than as an add-on orafterthought. However, this long-termaspiration will require leadership andongoing commitment to ensure culturalchange. The strategy to realise thisvision within Corrections is three-fold:• Development and implementation

of immediate responses to knownpopulations and issues.

• Scoping work to better identify‘hidden’ disability populations.

• A Disability Framework comprisedof this policy statement and rollingthree-year workplans.

Statement Of Principles The Corrections Victoria DisabilityFramework has adopted a Statementof Principles1 to underpin theprovision, management, developmentand planning of services, programsand policy for offenders2 with adisability.

Corrections Victoria is committed tothe following four principles.

Providing Fairer Access To Services• All offenders with a disability have

the same rights as non-disabledoffenders to access and participatein services and programs that areappropriate to their needs. Everyattempt will be made to reduce thebarriers that prevent participation inservices and programs.

• Where it is demonstrated asnecessary, additional measures willbe supported to ensure alloffenders have access to servicesand programs.

Supporting Improved Access To Justice• All staff will receive the necessary

leadership, training, support andpreparation to work effectively andappropriately with offenders with adisability.

• Staff will be made aware of thelegislative and proceduralprovisions that protect the rights ofoffenders with a disability who havean impaired capacity for decision-making.

• The provision of effectivecorrectional practice in relation tooffenders with a disability will bebased on research and bestpractice to ensure quality outcomesand best value for the resourcesavailable.

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…ongoingcommitment toensure culturalchange.

1 In developing these principles, the contribution of the following sources is acknowledged:Goals, values and principles, Rikosseuraamusvirasto (Finnish Prison and Probation Service);Statement of purpose and Prison service orders, Her Majesty’s Prison Service, United Kingdom;Mission of the Correctional Service of Canada, Correctional Service of Canada; State disabilityplan 2002–2012, Department of Human Services, Victoria.

2 The term ‘Offenders’ refers to those sentenced to prison and to those on a community-baseddisposition. Where the term is used in the context of prisons, the term offender should be readto mean ‘prisoners’.

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Equality ofopportunity foroffenders with adisability…

Protecting And Promoting Diversity• In valuing difference, the diversity

(race, culture, ethnicity, nationality,health, sexuality and gender) ofoffenders with a disability isrecognised and respected. Thedevelopment and implementation ofbest practice initiatives willencourage and support thisdiversity.

• Equality of opportunity for offenderswith a disability will be activelypromoted, and unlawfuldiscrimination will not be tolerated.

Strengthening Our Partnerships• Close partnerships with the

disability, mental health andbroader health and communitysystems are integral to providingbetter outcomes for offenders with adisability in addressing re-offendingand enhancing community safety.Such partnerships will help achieveconsistency of responses andintegrated service systems.

Objectives The Corrections Victoria DisabilityFramework encompasses seventhemes:• Ensuring Policy Alignment: bringing

all existing and new standards,policies and procedures governingcorrections interventions andadministration into line with theDisability Framework.

• Building The Evidence Base:establishing reliable prevalence andassessment data.

• Improving Access AndInfrastructure: ensuring access tobuildings, equipment and

information for offenders with adisability meets legal and buildingcode requirements.

• Enhancing Systems: aspiring to anenhanced continuum of care foroffenders with disabilities enteringand exiting the criminal justicesystem.

• Enhancing Skills: equipping theCorrections workforce with thenecessary skills to appropriatelymanage offenders with a disability.

• Ensuring System Transparency:establishing independent andongoing monitoring, evaluation andreporting on the responsiveness ofCorrections interventions tooffenders with a disability.

• Ensuring StakeholderCommunication And Support:establishing ongoing consultativemechanisms through whichCorrections Victoria engagesformally and regularly withstakeholders, specificallyconcerning the issue of offenderswith disabilities.

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Introduction

‘Addressing The Barriers’ – TheCorrections Victoria DisabilityFramework (the Disability Framework),articulates a systematic and integratedapproach to tackle the barriers toservices and programs that offenderswith a disability face, and to assistthem to adopt a crime-free lifestyle.This document is a public commitmentby Corrections Victoria that outlines theinitiatives proposed to address thosebarriers. It actively seeks to eliminateany discrimination by:• Addressing the access of offenders

with a disability to standardservices, while also developing anddelivering specialist services andprograms, as required.

• Enhancing partnerships betweenCorrections Victoria and other keystakeholders within and external tothe criminal justice system.Partnerships with other Departmentof Justice business units, such asthe courts, as well as theDepartment of Human Services, willhelp to develop a continuum of carethat is designed to achieveconsistent responses and anintegrated service system.

The Disability Framework sits withinthe broader context of the Departmentof Justice Disability Action Plan2005–2008. The objectives of theDisability Framework are consistentwith the priority strategies identified inthe Department of Justice DisabilityAction Plan, with particular relevanceto Priority Strategy 1: Creatingaccessible services and PriorityStrategy 2: Access to the Justice

system. Corrections Victoria iscommitted to actively participating inthe implementation of the Departmentof Justice’s Disability Action Plan andexpects all of its staff to comply with itsrequirements.

Offenders with a disability are at theedges of an already marginalisedpopulation. There is an over-representation of people with a rangeof disabilities in the criminal justicesystem in Victoria3, which requiresthoughtful and thorough responsesfrom government and the communityto address this significant issue.Concurrently, Corrections Victoria isincreasingly taking a differentiatedapproach to dealing with the needs ofdifferent offender populations so thatre-offending is better addressed andcommunity safety enhanced.

The population of offenders with adisability within the correctional systemhas traditionally received a differentresponse from non-disabled offenders,if only to ensure that offenders withintellectual disabilities, or those with amental illness who may be vulnerableor at risk of self-harm due to theirdisability, are kept safe in prison. Overand above this primary responsibilityfor offender safety, Corrections Victoriais committed to systematicallyconsidering disability in its serviceresponse to provide better individualand community outcomes in terms ofreducing re-offending.

These broader responsibilities requireCorrections Victoria to work towardintegrated service responses as

…adopt a crime-free lifestyle.

3 Attorney–General 2004, New directions for the Victorian justice system 2004–2014, CorporateCommunications, Department of Justice, Victoria.

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offenders with a disability exit prisoninto the community, or live withcommunity-based dispositions. TheCorrections Victoria DisabilityFramework is the vehicle for thatchange agenda. Corrections Victoriahas simultaneously sought to enhanceexisting services and programs, whilethe Disability Framework seeks toaddress service gaps that placeincreasing strain on prisoninfrastructure, correctionalmanagement and services, and toprovide more positive rehabilitationoutcomes for offenders withdisabilities.

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Background

About Corrections Victoria As a Department of Justice businessunit, Corrections Victoria is responsiblefor the direction, management andoperation of Victoria’s adult correctionssystem, which incorporates prisonsand Community Correctional Services.

Corrections Victoria manages some 50Community Correctional Serviceslocations across the state. It is alsoresponsible for managing Victoria’s 11public prisons and overseeing thecontracts relating to the managementof two privately operated prisons. Thecurrent prison population totals around4,100 men and women, bothsentenced and on remand on a dailybasis. Community CorrectionalServices supervises in the order of7,600 offenders on community-baseddispositions at any one time.4

Legislative And Policy ContextThe Corrections Victoria DisabilityFramework has been developed in thecontext of a hierarchy of standards,policy, guidelines and legalparameters. There is a range ofrelevant international instruments towhich Australia is a signatory.

International legal instruments• Universal Declaration of Human

Rights (1948)• International Covenant on Civil and

Political Rights (1966)• International Covenant on

Economic, Social and CulturalRights (1966)

• United Nations Declaration on theRights of Mentally RetardedPersons (1971)

• United Nations Declaration on theRights of Disabled Persons (1975)

• International Convention on theRights and Dignity of People withDisabilities (currently beingdeveloped)

• Body of Principles for the Protectionof All Persons under any Form ofDetention or Imprisonment (1988)

• Standard Rules on the Equalisationof Opportunities for Persons withDisabilities (1993)

National And State Legislation• Disability Discrimination Act 1992

(Cwlth)• Human Rights and Equal

Opportunity Commission Act 1986(Cwlth)

• Equal Opportunity Act 1995 (Vic.)• Charter of Human Rights and

Responsibilities Act 2006 (Vic.) • Intellectually Disabled Persons

Services Act 1986 (Vic.)• Disability Services Act 1991 (Vic.)• Disability Act 2006 (Vic.)5

Correctional Standards• United Nations Standard Minimal

Rules for the Treatment of Prisoners(1957)

• National Guidelines for Correctionsin Australia (2004)

• Correctional ManagementStandards (Victoria) for Prisons(2006) and CCS (2005)

• Health Standards (2005)

4 31 May 20075 The Disability Act 2006 (Vic.) came into operation on 1 July 2007, replacing both the

Intellectually Disabled Persons Services Act 1986 (Vic.) and Disability Services Act 1991 (Vic.).

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In this policy context, CorrectionsVictoria has developed this DisabilityFramework after taking account of theVictorian Government’s social policyagenda, which is outlined in thefollowing policy statements: • Growing Victoria together: a vision

for Victoria to 2010 and beyond(2005)

• A Fairer Victoria (2005)• Attorney General’s Justice

Statement (2004)• Victorian State Disability Plan

2002–2012 (2001)• Department of Justice Disability

Action Plan 2005–2008 (2005)

What Is Disability?Consistent with the Department ofJustice’s Disability Action Plan2005–2008, the Corrections VictoriaDisability Framework has adopted thedefinition of ‘disability’ contained in theCommonwealth Disability DiscriminationAct 1992.6 The breadth of this definitionensures the range of people withvarious disabilities is included withinthis Disability Framework and theongoing operations of CorrectionsVictoria. This definition includes:• cognitive impairment, including

intellectual disability and acquiredbrain injury

• mental illness• sensory disability• physical disability

The impact of disability in the generalcommunity is significant. The generalrate of disability across Australia,

inclusive of the range of disabilityoutlined above, is 19 per cent of thetotal population, and the disabilityresults in a specific restriction in around15 per cent of cases. Of this 15 percent, some 38 per cent of people witha core activity restriction have a mildlevel of restriction associated with theirdisability. A further 23 per cent have amoderate level, 21 per cent a severelevel, and 19 per cent a profound levelof restriction. The offender populationwill reflect this profile, to some extent.7As yet, the specific disability profile ofoffenders is incomplete and remains asignificant challenge for CorrectionsVictoria to identify (see Offenders WithA Disability page 7).

Rationale The Corrections Victoria Strategic Plan2006–2007 has the stated goal ofimplementing:

A system which combines a highlevel of supervision withopportunities to address thecauses of offending, and whichmeets community expectationsand changing demands.

To realise this goal, CorrectionsVictoria employs three key strategies:• Deliver proven programs that target

the causes of offending and areempirically supported.

• Improve the assistance given tooffenders making the transition fromprison back into the community.

• Improve the management of sexoffenders.8

…target thecauses ofoffending …

6 Commonwealth Disability Discrimination Act 1992 (Preliminary, Part 1 Section 4).7 Australian Bureau of Statistics 2001, 4443.1– Disability, New South Wales8 Corrections Victoria Strategic Plan 2006–2007.

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The development of the CorrectionsVictoria Disability Framework has beendriven by three underlying concerns:• Community Safety: Corrections

Victoria is committed to enactingthe Government’s vision of a safercommunity. As most offenders inprison will eventually return to thecommunity, and those oncommunity-based orders reside inthe community, it is imperative tomaximise the effectiveness ofefforts to rehabilitate offenders.Evidence shows rehabilitation musttake account of individual needs,including different learning styles.9Therefore, to most effectivelyaddress recidivism and target thoseat high risk of re-offending, thepresence of a disability needs to betaken into account.

• Compliance And Rights:Corrections Victoria is committed tomeeting its various complianceobligations as outlined in Victorianand Commonwealth disabilitylegislation and policy. There is astrong human rights and socialjustice imperative supporting theneed for this Disability Framework.

Australia is a signatory to a range ofinternational instruments detailing therights of people with a disability. Theseinstruments have been enacted inCommonwealth and State legislation,and underpin the broader social

approach in Australia that enablespeople with a disability to be activeand contributing members ofAustralian society.

These state, national and internationalobligations strengthen a fundamentalhumane concern for the physical andmental wellbeing of offenders with adisability. They support the principle ofequivalence that requires offenderswith a disability to have the samerights of availability, access and qualityof services as other offenders, and thatthe needs of offenders with a disabilityare addressed on the basis of equityand a non-discriminatory approach.

• Differentiated Responses: Localand international evidencesuggests that recidivism rates foroffenders with an intellectualdisability are higher than those ofnon-disabled offenders.10 This maypoint to a failure in the effectivenessof universal approaches tocorrectional service delivery forthose with disabilities.

With the advent of the influential ‘Whatworks’ approach within the correctionalarena, there is now a significant bodyof international evidence to indicatethe range of interventions that have apositive impact on recidivism. A seriesof principles has been developed fromthis evidence base that can driveinitiatives to reduce re-offending.

9 One of the principles drawn from ‘What works’, the international body of evidence that articulatesthe key principles that underlie effectively addressing re-offending, is the responsivity principle.With reference to offenders with a disability, responsiveness means addressing the variousbarriers those offenders with a disability experience in participating in programs and servicesthat address re-offending.

10 Cockram, J 2005, ‘Careers of offenders with an intellectual disability: the probability of re-arrest’,Journal of Intellectual Disability Research. vol. 49, no. 7, pp. 525–536.

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Responsivity is one of these keyprinciples. It refers to the particularlearning styles or other needs ofoffenders (in this case, those with adisability) being used to help shapeoffending behaviour programs andhow they are delivered. This can bethrough program adaptation orenhancement. Tailoring programs tothe needs of those with a disabilityseeks to maximise opportunities forrehabilitation and, ultimately, cancontribute to enhanced communitysafety. Similarly, a differentiatedapproach informed by an offender’sdisability could lead to more effectiveday-to-day management of thoseoffenders in prison and improve thecompliance of offenders supervised byCommunity Correctional Services.

Impact Of Disability Many of the issues concerningoffenders with and without disabilitiesare similar. However, there is often anadded complexity to the needs ofthose with a disability. Researchsuggests offenders with an intellectualdisability are likely to come fromfractured and violent family

backgrounds, have concomitantpsychiatric or substance abuseproblems, be homeless, be a victim ofabuse, and have poor social andcommunication skills.11 These factorsmay be part of the profile of offendersgenerally, but are often morepronounced and severe in the case ofthose with a disability. Within theknown populations of offenders with adisability, the ideal response ofteninvolves integrated and longer terminterventions such as provision ofsecure and supported long-termaccommodation, ongoing programs toaddress habilitation needs, psychiatriccare, suicide prevention, substanceabuse, and adequate health care.12 Itmay well be that offenders with anintellectual disability have skills deficitsthat differentiate them from non-disabled offenders which requireattention.13 Some researchers havecontended that offending may beprecipitated by disinhibition, and poorsocial and heterosocial skills.14

Understanding the profile of offenderswith a disability will inform ‘constructiveways of working with offenders toprevent crime’.15

…maximiseopportunities forrehabilitation…

11 Hayes, S 2005, ‘Prison services and offenders with intellectual disability – the current state ofknowledge and future directions’, paper presented at the 4th International Conference on theCare and Treatment of Offenders with a Learning Disability, 6–8 April 2005, University of CentralLancashire, Preston, UK.

12 Hayes 2005.13 Glaser, W & Deane, K 1999, ‘Normalisation in an abnormal world: a study of prisoners with an

intellectual disability’, International Journal of Offender Therapy and Comparative Criminology,vol. 43, no. 3, pp. 338–356.

14 Glaser & Deane (1999), Hinsburger et al. (1991) and Luiselli (2000) cited in Lindsay, W 2002,‘Research and literature on sex offenders’, Journal of Intellectual Disability Research, vol. 46,supplement 1, pp. 74–85.

15 McMurran & Hollin cited in Lindsay, WR, Taylor, JL & Sturmey, P 2004, Offenders withdevelopmental disabilities, John Wiley and Sons, England, pp. xiii.

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Continuum Of CarePeople with a disability often movebetween the criminal justice systemand the forensic disability and genericwelfare systems. The DisabilityFramework seeks to provide thefoundations for service integrationwhere disability, custodial, education,health, recreation and vocationalservices come together to provide aholistic response to effectively respondto the range of issues that underpindealing with re-offending effectively.This requires coordination within otherareas of the Department of Justice,such as courts and with its keypartner, the Department of HumanServices (DHS). Current work beingundertaken by Corrections Victoria andthe Statewide Forensic Service,Disability Services, DHS, will providethe foundation for a coordinatedapproach across agencies, andensure sex offenders with anintellectual disability, for example,receive consistent treatment toaddress re-offending.

Offenders With A Disability A key focus in the development of theDisability Framework has been theidentification of offenders with adisability, and specific informationabout their type of disability.

Corrections Victoria ‘disability-related’information is limited to those whohave an intellectual disability and areregistered with DHS. In developing theDisability Framework, CorrectionsVictoria has demonstrated itscommitment to identifying offenderswith a disability in a more systematicmanner by undertaking research in

2005 and 2006 into ‘hidden’ disabilitiessuch as acquired brain injury andhearing loss. Both studies are at theforefront of national and internationalresearch. Preliminary research intoacquired brain injury found data, albeitindicative, that was compelling enoughto warrant a full study. A studyexploring the prevalence and nature ofhearing loss among Indigenousoffenders in prison has provided anevidence base to inform systemresponses.

Baseline data has been supplementedwith additional data from otherAustralian and internationaljurisdictions. Screening andidentification of offenders with adisability is the first step in developinga system that will better address therange of issues associated with thepresence of a disability amongoffenders. The presence of a disabilitycan impact on the process ofrehabilitation to reduce re-offending,and the daily management ofoffenders.

… identification ofoffenders with adisability is the firststep…

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Mental HealthSerious mental illness is over-represented in the Victoriancorrectional system16, and in similarjurisdictions around the world.17 As aresult, there has been a strongdemand on forensic mental healthservices provided by CorrectionsVictoria and DHS through the VictorianInstitute of Forensic Mental Health(Forensicare).

The Disability Frameworkcomplements the work currently beingundertaken to design an improvedmodel for responding to offenders withmental health issues in prison. Thelatter piece of work is a collaborationbetween DHS and the Department ofJustice. Work is also under way toenhance Corrections Victoria practicesto further reduce the risk of suicide byoffenders in prison as well as thosesupervised by Community CorrectionalServices. There is also recognition ofthe specific needs of women, and theBetter Pathways strategy (2005)includes specific initiatives to addressthe mental health needs of femaleoffenders in prison.

Intellectual DisabilityPreviously, the available data on theextent of disability among offenderswith a disability in the Victoriancorrectional system was somewhatlimited as available data was confinedto those offenders registered with DHSas having an intellectual disability. Thisdiminished the system’s capacity todevelop and implement appropriateresponses.

Offenders registered as having anintellectual disability comprise only asmall proportion of the offenders in theVictorian prison system. A study foundthe imprisonment rate of offendersregistered as having an intellectualdisability over 1994–1998 ranged from1.4 per cent to 1.8 per cent.18 With aprison population of approximately4,100, the actual number of maleoffenders registered as having anintellectual disability is approximately65, and the number of womenoffenders with an intellectuallydisability is two or three19; this equatesto 1.7 per cent of the total prisonpopulation.

16 The Victorian Prisoner Health Study (Corrections Victoria 2003) indicates prevalence rates of amajor mental disorder among prisoners at three to five times what might be expected to be seenin the community.

17 A range of prevalence studies on metal illness in correctional systems has been undertaken. Forexample, a Canadian study found that 5 per cent of inmates were ‘severely psychiatricallydisabled’ and 10 per cent ‘significantly psychiatrically disabled’. These rates were significantlyhigher than that found in the general population (Ogloff, J 2002, ‘Offender rehabilitation: from‘nothing works to what next?’, Australian Psychologist, vol. 37, no. 3, pp. 245–252).

18 Lambrick, F. (2002). Issues surrounding the risk assessment of sexual offenders with anintellectual disability. Psychiatry, Psychology and Law, 10(2), 353–358.p. 356.

19 As at 30 September 2006.

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Comparisons with the general prisonpopulation are problematic given thesmall numbers; however, preliminarydata from Corrections Victoria researchindicate that offenders registered withan intellectual disability enter theVictorian prison system at a youngerage and, in general, have a greaternumber of prior terms of imprisonment.

These offenders were more likely tohave a property offence and less likelyto have had a drug offence as theirmost serious offence compared withnon-disabled prisoners; they were nomore or less likely to have otheroffences such murder, otherhomicides, assaults and sex offencesas their most serious offences thannon-disabled prisoners.

There may be a small number ofoffenders with an intellectual disabilitywho have not been registered ashaving an intellectual disability20.There is also likely to be a significantnumber of offenders who have aborderline intellectual disability (andtherefore are not eligible to beregistered as having an intellectualdisability).The Disability Frameworkseeks to identify these two groupsthrough improved screeningprocesses.

Diversity Disability cuts across a range of otherdiversity issues that, in turn, need tobe considered when developingappropriately differentiated responses.These include gender, Indigenousstatus, and cultural and linguisticdiversity (CALD). Diversity createsanother level of complexity thatrequires consideration whendeveloping initiatives to better addressthe needs of these sub-populations.

Women OffendersThe integrated response to addressthe issues associated with femaleoffenders, through the Better Pathwaysstrategy21, is a prime example of thedifferentiated approach to diverseoffender populations. Within BetterPathways are a number of keyinitiatives that seek to address primaryconcerns, particularly mental health,through the Dame Phyllis FrostCentre’s new flexible intensive supportunit that will provide acute psychiatriccare for women offenders.

Indigenous OffendersThe Victoria Aboriginal JusticeAgreement Phase 2 (2006), born out ofthe Royal Commission into AboriginalDeaths in Custody, seeks to address

The issue ofIndigenous peoplewith a disabilityhas received littleattention…

20 The current process of eligibility and registration may alter with the proclamation of the DisabilityAct 2006 on 1 July 2007.

21 The Better Pathways strategy has been developed in response to the 84 per cent increasebetween 1998 and 2003 in the number of women in prison. The Victorian Government provided$25.5 million for the implementation of Better Pathways over the four years 2005–06 to 2008–09in the May 2005 State Budget. The strategy includes 37 initiatives to address the increase inwomen's imprisonment. Of these, 28 are specific projects to be implemented over the next fouryears which focus on reducing women's imprisonment, re-offending and victimisation.

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the over-representation of Indigenouspeople in the criminal justice system. Adifferentiated response is made morecomplex when disability is considered.The issue of Indigenous people with adisability has received little attentionand presents another challenge forcorrectional systems. CorrectionsVictoria has commenced this work byscoping the issue of hearing lossamong Indigenous male and femaleoffenders in the Victorian prisonsystem.

Culturally And Linguistically Diverse(CALD) OffendersAccess for this sub-population mayappear as simple as the provision ofinterpreters. However, as with non-disabled offenders from CALDbackgrounds, there may be culturalconsiderations that need to beconsidered that are specific to theissue of disability. Given the breadth ofoffenders22 from CALD backgroundsin the Victorian correctional system,responses to offenders with a disabilityare likely to be individual.

22 As at 30 June 2006, 17% of offenders were born in countries other than Australia, New Zealand,United Kingdom, Ireland, USA and Canada. This equated to 660 prisoners and 1,215 offendersbeing supervised by Community Correctional Services. These figures are likely to be an underrepresentation of the actual number of CALD offenders in the Victorian correctional system.

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Disability Framework

What Is The CorrectionsVictoria Disability Framework?

PurposeThe purpose of the DisabilityFramework is to deliver cohesiveaction that will:• Ensure offenders with a disability

have access to the full range ofservices provided to non-disabledoffenders.

• Support additional measures topursue equal access where it isdemonstrated as being necessary.

Corrections Victoria is seeking toembed the issue of disability in all ofits planning, training, programdevelopment and infrastructureprojects.

ScopeThe Disability Framework consists ofthis policy statement and a workplan.Its scope will include:• All offenders under community-

based supervision, and those onremand and sentenced to prison.

• Strategic policy/planning.• Operational and service

development and implementation.

How Was The CorrectionsVictoria Disability FrameworkDeveloped?The project governance andconsultation process reflected thevarious areas in the ‘pathway’ thatmany offenders with a disability followwhen they move in and out of thecorrectional, broader criminal justice,forensic disability and generic welfaresystems.

Project GovernanceA project board chaired by KelvinAnderson, Commissioner, CorrectionsVictoria oversaw the development ofthe Disability Framework. Projectboard membership comprised:• Kelvin Anderson, Commissioner,

Corrections Victoria• Paul Delphine, Deputy

Commissioner, Prisons, CorrectionsVictoria

• Michael Carroll, Director, OffenderManagement Services, CorrectionsVictoria

• David Arblaster, Manager, DiversityIssues Unit, Department of Justice

• Donna Scott, General Manager,Strategic Policy and Diversity Unit,Corrections Victoria

• Janelle Morgan, Manager, Courtsand Programs Development Unit,Department of Justice

• Julian Gardner, Public Advocate,Office of the Public Advocate

• Brenda Boland, Director,Community and Individual SupportBranch, Disability Services,Department of Human Services

ConsultationConsultation with internal and externalstakeholders has been an importantinput in the development of theDisability Framework. Information wasdistributed on the proposed DisabilityFramework and feedback wasreceived in writing and throughmeetings with stakeholders. Thoseexternal to Corrections Victoria whowere canvassed included governmentand non-government forensic disabilityservice providers, the Indigenouscommunity, as well as courts and otherbroader criminal justice systemstakeholders.

CorrectionsVictoria is seekingto embed the issueof disability in all ofits planning,training, programdevelopment andinfrastructureprojects.

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However, given the nature of thecorrectional service system,consultation with ‘users of the service’is difficult compared with consultationwith clients in other services or formsof business. Acknowledging thesensitivity of this area, CorrectionsVictoria has depended on systemicadvocacy and advisory structures setup by the Victorian Government.Primarily this has occurred through theDisability Advisory Council of Victoria(DACV) and the Office of the PublicAdvocate (OPA).

Corrections Victoria has alsoundertaken some limited consultationwith offenders with a disability toidentify barriers that may hinderrehabilitation and, in turn, impact onrecidivism. Focus groups andindividual interviews were conductedwith offenders with an intellectualdisability at different prison locations.These provided a means to testassumptions and investigate thealignment between individualsituations and system initiatives, andsupplemented the advice from theOPA and DACV.

Supporting TheImplementation Of TheDisability Framework The Disability Framework focuses onexploring ways to improve CorrectionsVictoria’s response to offenders with adisability. Many of the directionsarticulated are about adapting theways that Corrections Victoria doesbusiness. Implementing the sixty-fouractions arising from the DisabilityFramework will require changes to theway in which Corrections’ services and

functions are undertaken, as betterpractices are embedded in itsoperations. To support such change,Corrections Victoria will review existingpolicies and procedures and providetraining and other resources. Changeswill also be supported through strongleadership within Corrections Victoriaand clear communication about whatthe Disability Framework aims toachieve.

Consultation withinternal andexternalstakeholders hasbeen an importantinput in thedevelopment of theDisabilityFramework.

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Objectives – Achievements And Plans

During the development of theDisability Framework, CorrectionsVictoria has already commencedimplementing a number of importantinitiatives, rather than waiting for theformal Disability Framework to becompleted. These initiatives havetargeted the shortcomings of existingservices and programs for offenderpopulations with a disability that maybe undermining rehabilitation andimpacting on community safety. Theseinitiatives will complement thecomprehensive range of plannedactions detailed in the workplan thatare to be implemented over the nextthree years, and are consistent withDisability Framework objectives.

The achievements to date and theworkplan actions are listed belowunder each of the DisabilityFramework’s seven objectives.

Objective 1: Ensuring PolicyAlignment Outcome: Bringing all existing andnew standards, policies andprocedures governing correctionsinterventions and administration intoline with the Disability Framework’sstatement of principles.

What We Have Already Done• Prison locations have initiated a

review of policy and procedures totake account of offenders with adisability. For example, theMelbourne Assessment Prison isdeveloping a local operatingprocedure for offenders with adisability.

• The protocol between CorrectionsVictoria and Disability Services,

DHS concerning services foroffenders with a disability is beingupdated. This is strengthening thepartnership between the twoorganisations.

What We Will Do Over The NextThree Years• Systematically review Corrections

Victoria’s policies and practices tomeet the needs of offenders with adisability.

• Develop a strategy to ensurediversity issues, including disability,are incorporated when developingorganisational business plans.

• Consider existing internalcomplaints mechanisms to ensureequitable access for offenders witha disability.

Objective 2: Building TheEvidence BaseOutcome: Establishing reliableprevalence and assessment data.

What We Have Already Done• The partnership of arbias Ltd, La

Trobe University and CorrectionsVictoria has developed a prototypetool to screen offenders foracquired brain injury.

• Research has been undertaken toinvestigate the presence ofacquired brain injury and hearingloss among Indigenous offenders inthe Victorian prison system.

• A research agenda has beendeveloped in partnership with RMITUniversity and Statewide ForensicServices, DHS to investigate theeffectiveness of programs toaddress sex offences committed by

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people with an intellectual disability.• Corrections Victoria is researching

the profile of offenders with anintellectual disability in the Victorianprison system, and will publish aresearch paper later in 2007.

• The Victorian Intervention ScreeningAssessment Tool (VISAT), a riskneeds screening tool whichincludes a module on disability, hasbeen implemented in CommunityCorrectional Services.

What We Will Do Over The NextThree Years• Explore the issues involved in

delivering services to Indigenousoffenders with a disability.

• Develop clinical, rehabilitative andservice responses to offenders witha hearing impairment.

• Undertake a full screening andidentification study of acquiredbrain injury in the Victoriancorrectional system.

• Establish the capacity to meet therequirements of older offenders withage-related disabilities.

• Develop joined-up processes toscreen and identify people with adisability, in cooperation with otheragencies in the criminal justicesystem.

• Establish an electronic database tohold individual and aggregatedinformation about offenders with adisability.

• Implement the Victorian InterventionScreening Assessment Tool (VISAT)in prisons, to systematically identifyoffenders with a disability acrossthe Victorian prison system.

Objective 3: Improving AccessAnd InfrastructureOutcome: Ensuring access tobuildings, equipment and informationfor offenders with a disability meetslegal and building code requirements.

What We Have Already Done• The current capacity of Victorian

prison cells for offenders with aphysical disability has beenscoped.

• The development of the DisabilityFramework has been publicisedamong key external stakeholdersand on the Department of Justice(DOJ) website and intranet (J-NET).

What We Will Do Over The NextThree Years• Develop and distribute guidelines

for the provision of accessibleinformation.

• Adopt recognised guidelines toensure all Corrections Victoriadocumentation is produced inaccessible formats. This willconsider font size and type,document formatting and headings.

• Develop and distribute guidelineson accessible complaintsprocesses.

• Review all Corrections Victoriawebsite information and DOJwebsites, and progressively ensurethey comply with the AA or AAArating of the World Wide WebConsortium’s Web AccessibilityInitiative.

• Review the status of current DOJpremises audits and, wherenecessary, conduct new audits.This process will include audits of

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assistive listening andcommunications systems.

• Progressively improve physicalaccess to DOJ premises for peoplewith a disability.

• Ensure prisoner transportation –fleet fitout, scheduling and routing –has the capacity to meet the needsof offenders with a disability.

• Review, and where necessary,implement improvements toemergency evacuation proceduresto ensure the safety of offenderswith a disability.

Objective 4: EnhancingSystemsOutcome: Aspiring to a continuum ofresponsibility for offenders withdisabilities entering and exiting thecriminal justice system.

What We Have Already Done• The cognitive skills program for

offenders with a cognitiveimpairment has been developedand delivered.

• An introductory program co-facilitated by Corrections Victoriaand the Statewide Forensic Service,DHS for male offenders with anintellectual disability has beendelivered as preparation forrehabilitation programs to addressrecidivism at the Port Phillip Prison.

• A Manager, Disability Pathways wasappointed in Corrections Victoria tolead operational initiatives acrossprisons and CommunityCorrectional Services. Theseinitiatives are designed to improveaccess to existing programs andservices.

• A Clinician, Disability Pathways inCorrections Victoria was appointedto facilitate offending behaviourprograms and provide specialistadvice about offenders with adisability.

• The 2005 Disability and CriminalJustice Conference was co-convened, with the AustralianCommunity Support Organisation(ACSO) and the Office of the PublicAdvocate (OPA).

• Standards were developed for thedelivery of offending behaviourprograms to offenders with acognitive impairment.

• A tripartite reference group of PortPhillip Prison, Statewide ForensicService, DHS and CorrectionsVictoria was established to guidethe further development of the 35bed specialist unit at Port PhillipPrison for male offenders with anintellectual disability.

What We Will Do Over The NextThree Years• Organise events to raise awareness

about disability issues including anannual celebration of theInternational Day of People with aDisability.

• Deliver appropriate rehabilitationprograms designed to addressrecidivism for offenders with acognitive disability in prisons andcommunity corrections.

• Develop and implement disabilityportfolio positions in CCS locationsand prisons.

• Enhance partnerships with thecourts to improve the continuum ofcare for offenders through thecriminal justice system.

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• Examine the current provision ofpost-prison housing, withappropriate support for offenderswith a cognitive impairment.

• Enhance correctional practices tofurther reduce the risk of offendersuicide.

• Interface with the Better Pathwaysstrategy to ensure the needs offemale offenders with a disabilityare addressed.

• Examine the restorative justiceapproach in relation to offenderswith a disability, in partnership withthe recently openedNeighbourhood Justice Centre.

• Examine the prison and transitionalservice provision for offenders withage-related disability.

• Implement treatment communitiesfor offenders with a cognitiveimpairment to trial the effectivenessof an holistic therapeutic approachto address recidivism.

• Co-convene with the AustralianCommunity Support Organisation(ACSO) and the Office of the PublicAdvocate (OPA), a nationalDisability and Criminal JusticeConference in 2007 and 2009.

• Establish an expert forensicdisability committee to guide thedevelopment of systems andtreatment responses to offenderswith a disability.

• Enhance access to prison industriesand education services for offenderswith disabilities in light of theimplementation of the Bearing PointReview of Education and TrainingProvision in Victorian Prisons.

• Examine service improvements foroffenders with a psychiatricdisability.

Objective 5: Enhancing SkillsOutcome: Equipping the Correctionsworkforce with the necessary skills toappropriately manage offenders with adisability.

What We Have Already Done• Custodial staff in specialist units for

offenders with an intellectualdisability have been trained byCorrections Victoria and DisabilityServices, DHS.

• Current specialist traininginformation on opportunities inforensic disability studies has beendistributed.

What We Will Do Over The NextThree Years• Develop a training strategy to

provide a range of trainingappropriate to staff roles.

• Facilitate access to informationabout relevant training and studyopportunities in forensic disabilitystudies for correctional staff.

• Develop a range of training forprisoners undertaking the role ofmentors with offenders with adisability.

• Provide information regarding theDisability Framework during staffinduction processes, staffdevelopment activities andpromotional initiatives.

Objective 6: Ensuring SystemTransparency Outcome: Establishing independentand ongoing monitoring and reportingon Corrections’ responsiveness tooffenders with a disability.

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What We Have Already Done• The Office of the Public Advocate,

Disability Services (DHS) and theCourts Integrated Services Program(DOJ), through their membership ofthe project board, have contributedto the development of theCorrections Victoria DisabilityFramework by examining relevantdocumentation and policy settings.

• Regular engagement has occurredwith the Disability Advisory Councilof Victoria on the needs ofoffenders with a disability.

What We Will Do Over The NextThree Years• Ensure Corrections Victoria

Leadership Team members will beaccountable for the DisabilityFramework by including an explicitcommitment in their workperformance plans to progress itsimplementation.

• Register the Corrections VictoriaDisability Framework with theHuman Rights and EqualOpportunity Commission.

• Develop and adopt a newCorrections Victoria DisabilityFramework for the next three-yearcycle, 2010–2012.

• Internally review service and/orprogram delivery for offenders witha disability.

Objective 7: EnsuringStakeholder CommunicationAnd Support Outcome: Establishing ongoingconsultative mechanisms throughwhich Corrections Victoria engagesformally and regularly with

stakeholders about the issue ofoffenders with a disability.

What We Have Already Done• An extensive consultation process

has been undertaken with internaland external stakeholders as part ofthe development of the CorrectionsVictoria Disability Framework. Thisincluded the Disability AdvisoryCouncil of Victoria and the Office ofthe Public Advocate.

• Public briefings were provided at arange of forums including theCorrections Victoria StakeholdersForum and the Disability andCriminal Justice Conference 2005.

What We Will Do Over The NextThree Years• Develop a strategy to increase the

participation of appropriatelyqualified people with disabilities onrelevant Corrections Victoriaboards, committees and workingparties.

• Table the Disability Framework as amajor agenda item of the DOJDiversity Issues Unit half-yearlyDisability Stakeholders Forum.

• Establish a Corrections VictoriaDisability FrameworkImplementation and MonitoringCommittee that will be chaired bythe Commissioner, CorrectionsVictoria.

• Develop a consultation process forCorrections Victoria to utilise whenengaging and consulting withoffenders with a disability.

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Corrections Victoria is committed toenhancing the safety of the Victoriancommunity. The Corrections VictoriaDisability Framework is an importantelement of its strategy to realise thisaim. The organisation’s intent isdemonstrated through the adoption ofa three-year cycle where the DisabilityFramework is developed, implementedand reviewed, and the next three-yearDisability Framework is thendeveloped.

Corrections Victoria has also signalledits commitment to working inpartnership with the wide range ofstakeholders who play a part in thelives of offenders with a disability. Thiswork needs organisational leadershipto succeed, and the DisabilityFramework Implementation andMonitoring Committee, chaired by theCommissioner, Corrections Victoria willbe critical in achieving the is goal.Progress reports on theimplementation of the DisabilityFramework will be provided to theDepartment of Justice DisabilityStakeholders Forum, which will includestakeholders such as the DisabilityAdvisory Council of Victoria and theOffice of the Public Advocate.

Conclusion