4.0 - What is the Role of the Disability Advocate in criminal law matters
Advocacy has played a key role in assisting lawyers representing clients with a relevent disability for the past 3 years in the first dedicated disability law project in Queensland, The TASC Disability Law Project (DLP) .
The DLP commenced three years ago in Toowoomba. This project has focused on representing defendants with a psychiatric illness, an intellectual disability and/or Acquired Bain Injury (ABI) who have been charged with criminal offences. The project not only provides legal representation for these defendants in the criminal courts, but also strong disability advocacy support.
One of the major factors identified throughout the life of the Disability Law Project has been the significant benefit gained by the client through the early intervention of an advocate in addressing the clients 'life' situation holistically, by identifying gaps in the client's social infrastructure along with those environmental influences which may have impacted negatively on the client's behavior. These factors when coupled with the nature of the client's disability can often contribute significantly to the client's offending behaviour. It has been the experience of DLP, that if these issues are resolved, recidivism is significantly minimised.
The disability advocate's role is to investigate, assess and prioritise the issues facing the individual client. Following this assessment, the advocate may need to make appropriate applications for support, and make referrals and linkages to community organisations. This information may be of significant importance to the lawyer involved in the matter. Thus, it is always preferable that the disability advocate work in unison with the lawyer in order to provide the client with holistic responses.
The initial referral to the advocate may be initiated by the duty lawyer, court volunteer staff, court mental health liaison officers, friends, family and/or carers. The advocate's involvement may commence at any time throughout the hearing of the matter from the pre investigation stage of the matter, to the of sentencing.
The role of the advocate is clearly non legal, however it forms a key role in providing the legal representative with a range of interventions including but not restricted to;
- Medical intervention to address urgent issues such as risk to self or others
- GP referrals for Mental Health counselling under the medicare system
- Homelessness
- Risk of homelessness
- Community Housing and emergency hostels
- Accommodation issues such as lack of bond, debt with Department of Housing, supported accommodation, suitable accommodation and support.
- Investigation into the status of Disability Services Queensland (DSQ) Support package (check if support package in place, is it sufficient, does it ned updating, has a registration of need been completed
- Linkages and referrals to the appropriate community organisations funded to provide assistance with community and social access (this is not part of a DSQ package)
- Centrelink issues such as mobility allowance applications, rent assistance applications, emergency loans and other
- Assessment of current Education and training needs - make appropriate referrals through centrelink social workers and education liaison officers and specialised supported employment agencies and linking to state and federal training programs as appropriate.
- Referral to Youth Services if appropriate
- Children and complex and challenging behaviours. Referral to DSQ and the Disability Interagency Service Team (DIST); and
- Referral to ATODS (Drug and alcohol rehabilitation programs attached to local public hospitals
- Queensland Local Government Community Directories
- Central resource directory for community services
- Other
