Creating inclusive courts and tribunals: Best practice guidance to support people with disability

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Bartels, Lorana
Eales, Sally

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The Australian National University

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Abstract

The Australian National University was commissioned to prepare a report on good practice service models for courts and tribunals in Australia and internationally, specifically England and Wales, Scotland, Northern Ireland, Ireland, New Zealand and Canada. This evidence-based report is designed to guide the Australian Capital Territory Courts and Tribunal's (ACTCT) service inclusion improvements, recognising that people with disabilities (PwD) encounter various issues, ranging from discrimination and housing to various criminal justice matters. The report includes disability-aware and disability-inclusive practices, screening approaches, judicial guidelines, and specialised court programs, drawing on both evaluative data and good practice principles. The introduction outlines that the report takes an intersectional approach, as disability intersects with other factors, such as Indigenous status, gender, cultural and linguistic diversity (CALD). The report includes vignettes designed to illustrate potential court accommodations for PwD, noting that adjustments should be tailored, through consultation with the individual and relevant support staff. The report adopts terminology aligned with the social model of disability, recognising that disability is often an integral part of people’s identity. However, disabilities can also be hidden or invisible and some people may even be unaware they have a disability.

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