The Aboriginal Disability Justice Campaign (ADJC) is a national campaign addressing the incarceration of people with cognitive impairments in jails and psychiatric institutions as a result of being found unfit to plead / mentally impaired.

A significant number of Aboriginal people with cognitive impairment are currently being held in maximum security prisons, despite not having been convicted or sentenced for a crime that would require them to be held in such a facility.

Mr Marlon Noble

Ms Roseanne Fulton 

The ADJC is campaigning on this issue across Australia.

ADJC Position Statement on the inappropriate incarceration
of Aboriginal people with a cognitive impairment
Word 74kb

No End in Sight: The Imprisonment and Indefinite Detention
of Indigenous  Australians with a Cognitive Impairment
 Word, 51kb

This situation is in breach of Australia’s human rights obligations, including those rights contained in the:

  • The International Covenant on Civil and Political Rights (ICCPR)
  • UN Convention on the Rights of Persons with Disabilities (CRPD)
  • Un Convention on the Elimination of All Forms of Racial Discrimination (CERD)

Latest News

Sep 2014: The Victorian Law Reform Commission has published its report on the review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (CMIA). 

Jan 2014: A joint inspection of the treatment of offenders with learning disabilities within the criminal justice system, UK Criminal Justice Joint Inspection (PDF, 768kb)

Jan 2013: A draft general comment from the United Nations Human Rights Committee on Article 9 of the International Covenant on Civil and Political Rights (ICCPR) (Word, 161kb)

June 2014: Aboriginal people like Rosie Fulton deserve better - By Keyzer and McGee, ABC The Drum

March 2014: Senator Nova Peris OAM - Senator for the Northern Territory, Parliament Speech - Roseanne Fulton, 18 March 2014

NDIS Operational Guidelines - Planning and Assessment - Supports in the Plan about how the system will interface with the Justice System

March 2014: Roseanne Fulton a woman with intellectual disability has been detained in WA for 18 months without conviction - Read more.

December 2013: Letter from Minister Andrews Office on the inclusion of intellectual disability and acquired brain injury access to the Disability Support Pension for People for People Detained Under Mental Impairment Legislation 

October 2013: CRPD - Concluding observations on the initial report of Australia, adopted by the Committee at its tenth session (2–13 September 2013) (Word 76kb)

August 2013: People with mental health disorders and cognitive impairment in the criminal justice system - Cost-benefit analysis of early support and diversion (Word 440kb) Ruth McCausland, Prof Eileen Baldry, Sarah Johnson and Anna Cohen

August 2013: Letter to the Hon Mr Mark Dreyfus, Federal Attorney-General about the detention of people with a cognitive impairment (intellectual disability/ acquired brain injury) in prisons and psychiatric units across Australia

January 2013: Submission to the Senate Inquiry for the National Disability Insurance Scheme Word, 91kb

November 2012: Policing and the Mentally Ill: International Perspective Duncan Chappell (Editor)

September 2012: No End in Sight: The Imprisonment and Indefinite Detention of Indigenous  Australians with a Cognitive Impairment Word, 51kb

May 2012: Lifecourse institutional costs of homelessness for vulnerable groups Prof Eileen Baldry, Dr Leanne Dowse, Ruth McCausland and Melissa Clarence

January  2012: Submission  to the Federal Parliamentary Inquiry into Foetal Alcohol Disorder from the  Aboriginal Disability Justice Campaign (ADJC) Word, 92kb