25 September 2023

Legal help for cognitively impaired

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The Attorney General and the Minister for Families, Communities and Disability Services have announced that the Intellectual Disability Rights Service (IDRS) will deliver Justice Advocacy Services (JAS) to people with an intellectual disability for the next two years.

The Ministers said IDRS will operate a new $10 million service to protect the rights of people with cognitive impairment who come into contact with the criminal justice system.

Attorney General, Mark Speakman said JAS is to provide free support to victims, witnesses and defendants with cognitive impairment as well as free legal advice to those in custody who have cognitive impairment.

He “People with cognitive impairment are overrepresented in NSW courts and prisons, and helping them to better understand their rights and responsibilities could ultimately reduce reoffending,” Mr Speakman said.

“For example, the JAS specialists will carefully explain conditions of bail and Apprehended Domestic Violence Orders to people with cognitive impairment to minimise inadvertent breaches of orders,” he said.

Minister for Families, Communities and Disability Services, Gareth Ward said the IDRS had a proven record of providing advocacy and support for some of the most vulnerable members of the community.

“The Intellectual Disability Rights Service has been helping people with cognitive impairment in contact with the criminal justice system for 15 years and will now be able to reach a broader range of people in NSW, including in rural, regional and remote communities,” Mr Ward said.

“Equal and fair access to justice is a hallmark of a civilised society and it’s critical that all people are heard and understood when they are reporting a crime, attending a legal appointment, giving police statements or providing evidence in court,” he said.

The Ministers said a cognitive impairment included intellectual disability, borderline intellectual functioning, dementia, acquired brain injury, drug or alcohol related brain damage, foetal alcohol spectrum disorder and autism spectrum disorder.

The JAS will begin operating from 1 July.

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