Project 115 - Call for preliminary responses

- Various assumptions are made by the common law, and in legislation in this State, about the abilities of persons who access, or participate in, the justice system, and how those assumptions intersect with different forms of impairment.
  
  Those assumptions include:
  - Physical mobility;
  - Cognitive ability – for example the ability to understand and remember information expressed in writing or orally, to understand court documents, to understand the nature of proceedings and their consequences, and the ability to concentrate for sustained periods of time;
  - Communication – for example the ability to independently see, hear and speak; and
  - Compliance with behavioural conventions when in a court or tribunal hearing, or when engaging with judicial officers or court staff, or other parties to proceedings.
  It would be useful to the Commission if your response considered the following questions (optional – see further on for alternative options for making a submission).
  1. Do you think there are any other assumptions made by the common law, or by legislation in this State, about the abilities of a person accessing the justice system (and which, in their intersections with impairments, create barriers for people with a disability)?
  2. Do you have your own firsthand story (or, if you are part of an organisation, are there examples from other people) of having a disability and experiencing barriers to accessing and/or fully participating in the justice system because of it?
  3. What are your views on any specific legislative change required to remove the barriers which limit access to, or impede participation in, the justice system for people with disabilities?
  4. If you are part of an organisation, do you have any data you have collected relating to the number of people with disabilities accessing the justice system (and whether they accessed it physically or remotely, and whether in person or by a representative)?
  5. If you are an organisation, do you have any data you have collected relating to difficulties experienced by people with disabilities accessing, or participating in, the justice system in different ways (for example as a plaintiff/applicant, defendant/respondent, victim, alleged offender, juror or witness)?
  6. Are there other specific people or organisations with whom it would be useful for the Commission to consult?
  There will be further opportunities to contribute to Project 115. However, if there are other matters relating to the Terms of Reference that you wish to draw to the Commission’s attention at this stage, please feel free to do so.
- In order to process your request, we will ask you for some personal information, such as your name. We will only use this information for the reason it was collected. Your privacy is important to us. For more information on how the Department of Justice collects, uses, stores and shares personal information, read our Information Privacy Statement.
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- Please select an option on how you would like to make a submission

Option 1 - Complete a response to respond to a series of questions
Various assumptions are made by the common law, and in legislation in this State, about the abilities of persons who access, or participate in, the justice system, and how those assumptions intersect with different forms of impairment.

Those assumptions include:
- Physical mobility;
- Cognitive ability – for example the ability to understand and remember information expressed in writing or orally, to understand court documents, to understand the nature of proceedings and their consequences, and the ability to concentrate for sustained periods of time;
- Communication – for example the ability to independently see, hear and speak; and
- Compliance with behavioural conventions when in a court or tribunal hearing, or when engaging with judicial officers or court staff, or other parties to proceedings.
1. Do you think there are any other assumptions made by the common law, or by legislation in this State, about the abilities of a person accessing the justice system (and which, in their intersections with impairments, create barriers for people with a disability)?
2. Do you have your own first hand story (or, if you are part of an organisation, are there examples from other people) of having a disability and experiencing barriers to accessing and/or fully participating in the justice system because of it?
3. What are your views on any specific legislative change required to remove the barriers which limit access to, or impede participation in, the justice system for people with disabilities?
4. If you are part of an organisation, do you have any data you have collected relating to the number of people with disabilities accessing the justice system (and whether they accessed it physically or remotely, and whether in person or by a representative)?
5. If you are an organisation, do you have any data you have collected relating to difficulties experienced by people with disabilities accessing, or participating in, the justice system in different ways (for example as a plaintiff/applicant, defendant/respondent, victim, alleged offender, juror or witness)?
6. Are there other specific people or organisations with whom it would be useful for the Commission to consult?
There will be further opportunities to contribute to Project 115. However, if there are other matters relating to the Terms of Reference that you wish to draw to the Commission’s attention at this stage, please feel free to do so.

Option 2 - Complete a response with no word limits
Various assumptions are made by the common law, and in legislation in this State, about the abilities of persons who access, or participate in, the justice system, and how those assumptions intersect with different forms of impairment.

Those assumptions include:
- Physical mobility;
- Cognitive ability – for example the ability to understand and remember information expressed in writing or orally, to understand court documents, to understand the nature of proceedings and their consequences, and the ability to concentrate for sustained periods of time;
- Communication – for example the ability to independently see, hear and speak; and
- Compliance with behavioural conventions when in a court or tribunal hearing, or when engaging with judicial officers or court staff, or other parties to proceedings.
It would be useful to the Commission if your response considered the following questions.
1. Do you think there are any other assumptions made by the common law, or by legislation in this State, about the abilities of a person accessing the justice system (and which, in their intersections with impairments, create barriers for people with a disability)?
2. Do you have your own firsthand story (or, if you are part of an organisation, are there examples from other people) of having a disability and experiencing barriers to accessing and/or fully participating in the justice system because of it?
3. What are your views on any specific legislative change required to remove the barriers which limit access to, or impede participation in, the justice system for people with disabilities?
4. If you are part of an organisation, do you have any data you have collected relating to the number of people with disabilities accessing the justice system (and whether they accessed it physically or remotely, and whether in person or by a representative)?
5. If you are an organisation, do you have any data you have collected relating to difficulties experienced by people with disabilities accessing, or participating in, the justice system in different ways (for example as a plaintiff/applicant, defendant/respondent, victim, alleged offender, juror or witness)?
6. Are there other specific people or organisations with whom it would be useful for the Commission to consult?
There will be further opportunities to contribute to Project 115. However, if there are other matters relating to the Terms of Reference that you wish to draw to the Commission’s attention at this stage, please feel free to do so.
Please use the space below to provide your submission.

Option 3 - Upload documents related to the response
Various assumptions are made by the common law, and in legislation in this State, about the abilities of persons who access, or participate in, the justice system, and how those assumptions intersect with different forms of impairment.

Those assumptions include:
- Physical mobility;
- Cognitive ability – for example the ability to understand and remember information expressed in writing or orally, to understand court documents, to understand the nature of proceedings and their consequences, and the ability to concentrate for sustained periods of time;
- Communication – for example the ability to independently see, hear and speak; and
- Compliance with behavioural conventions when in a court or tribunal hearing, or when engaging with judicial officers or court staff, or other parties to proceedings.
It would be useful to the Commission if your response considered the following questions.
1. Do you think there are any other assumptions made by the common law, or by legislation in this State, about the abilities of a person accessing the justice system (and which, in their intersections with impairments, create barriers for people with a disability)?
2. Do you have your own firsthand story (or, if you are part of an organisation, are there examples from other people) of having a disability and experiencing barriers to accessing and/or fully participating in the justice system because of it?
3. What are your views on any specific legislative change required to remove the barriers which limit access to, or impede participation in, the justice system for people with disabilities?
4. If you are part of an organisation, do you have any data you have collected relating to the number of people with disabilities accessing the justice system (and whether they accessed it physically or remotely, and whether in person or by a representative)?
5. If you are an organisation, do you have any data you have collected relating to difficulties experienced by people with disabilities accessing, or participating in, the justice system in different ways (for example as a plaintiff/applicant, defendant/respondent, victim, alleged offender, juror or witness)?
6. Are there other specific people or organisations with whom it would be useful for the Commission to consult?
There will be further opportunities to contribute to Project 115. However, if there are other matters relating to the Terms of Reference that you wish to draw to the Commission’s attention at this stage, please feel free to do so.
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Option 1 - Complete a response to respond to a series of questions

Option 2 - Complete a response with no word limits

Option 3 - Upload documents related to the response