Disabled Aboriginal people are being physically and verbally abused by WA Police and prison officers, according to shock allegations aired by West Australian Indigenous legal experts.
Speaking prior to the Disability Royal Commission's hearing in Perth in September, Aboriginal Legal Service of WA chief executive Dennis Eggington claimed conditions in state prisons and detention centres breach domestic law and international human rights standards.
Mr Eggington said the treatment of vulnerable community members was a sad indictment on the WA Government.
In a group testimony at the hearing, ALSWA legal services director Peter Collins, cival and human rights lawyer Alice Barter and youth engagement and bail support services Sasha Greenoff said clients complained often about police treatment of Aboriginal people with disabilities.
Those complaints included reports of excessive use of batons, capsicum spray, tasers, dogs and firearms, racist, derogatory and ableist slurs; and the denial of medical care.
The Royal Commission heard ALSWA had received hundreds of complaints about conditions in Banksia Hill, including allegations of excessive physical violence, strip searches, sexual assaults, use of solitary confinement and racism.
ALSWA called for the immediate abandonment of "hardline" punitive measures in favour of culturally safe intervention.
"The conditions in Roebourne Regional Prison are a further example of the egregious failure of government to provide humane conditions for prisoners in its care," they said.
"In summer, Roebourne is one of the hottest places on the planet with temperatures frequently exceeding 50 degrees.
"Repeated entreaties to the Corrections Minister, Bill Johnston, to urgently install air-conditioning in all cells in the prison have fallen on deaf ears."
ASLWA submission
- Invest in early intervention and culturally-appropriate trauma-informed supports
- Abolish solitary confinement
- Provide appropriate medical care to people in prison
- Raise the age of criminal responsibility to at least 14 years of age
- Urgently review the Young Offenders Act 1994 (WA)
- Fully implement the Optional Protocol to the Convention against Torture
A Department of Justice spokesperson said qualified staff already conducted assessments to determine the health, educational and therapeutic needs of each person.
The spokesperson said reducing youth offending required a whole of community approach.
"In the majority of cases (youth justice services) are required to intervene with young people and their families who have experienced homelessness, neglect, trauma, abuse and are disengaged from all mainstream services," they said.
"Those who end up in youth detention frequently present with behavioural, mental health and cognitive or learning impairments.
"The Department is supportive of early intervention for young people and their families to ensure every child receives the care, protection and support required to lead a safe, secure and healthy life."
The spokesperson said confinement was a last resort used to maintaining order in a prison or as a penalty following a disciplinary hearing or conviction.
They said every prisoner had access to health services delivered at a comparable standard to the general public.
A spokesperson for WA Attorney General John Quigley said a proposal to increase the minimum age of criminal responsibility was under development.
