On this page, we talk about the justice system.

On this page:

• Your rights in the justice system
• Contacting the police
• If you care for a person with disability

When you deal with the justice system, everyone must respect your rights.

You have the right to be safe.

You have the right to not share information unless you:

• want to
• have to by law.

You also have the right to get the information and support you need.

You can find out more about your rights on the WWDA website.

You have the right to not say anything to the police.

You have the right to talk to a female police officer instead of a male police officer.

You have the right to have a support person with you.

You have the right to get information you can understand.

For example, documents in plain English.

You also have the right to get equipment that will support you to communicate.

For example, a hearing aid.

There are many types of courts in Australia.

For example, there are courts where judges make legal decisions for families and children.

You can find out more about the different types of courts on the WWDA website.

People go to court for many different reasons.

For example, to:

• get money that an organisation has kept from them
• become safe from violence or abuse.

If you go to court, you have the right to get information that you can understand.

You have the right to a support person if you need one.

You also have the right to be safe in court.

You can talk to the court or your lawyer if you worry about seeing the person who hurt you.

They will help to keep you safe.

For example, the courts could let you take part in a video meeting.

And that way you would not need to be in the same room as the person who hurt you.

You can find out more about your rights in court on the WWDA website.

You have rights while you are in prison.

You have the right:

• to be safe
• for people to treat you with respect.

You have the right to get support for your disability.

You have the right to stay at home for some of the time you would be in prison if:

• the courts say you can
• you have children who need your support
• you have high support needs.

You have the right to get healthcare and treatment for your:

• physical health
• mental health.

You also have the right to get equipment that you need for your disability.

For example, a:

• wheelchair
• hearing aid.

Prisoners do not have the right to government funding for their healthcare.

This means prisoners do not have the right to get support through:

• Medicare
• the

  National Disability Insurance Scheme (NDIS).

  The NDIS provides services and support to people with disability.

It is a good idea to contact the police if you worry about:

• your safety
• the safety of another person.

For example, if someone threatens you.

You should contact the police if you have experienced violence or abuse.

You should contact the police if you have experienced sexual violence or abuse.

You should contact the police if you experience stalking.

For example, if you found out that someone has used a device to see where you go.

You should contact the police if someone is trying to control what you do.

For example, if someone is making you feel bad about yourself.

You should also contact the police if you worry that someone else is spending your money.

Or if someone is stopping you from using your money.

Someone else might contact the police if you or someone close to you have experienced any of these things.

Even if the police cannot help you, you can still talk to them about what to do.

They can:

• give you information
• put you in contact with services who can support you.

You can contact the police by calling Triple Zero.

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We have a section on this website about how to call Triple Zero.

You can find out more on our page about a guide to call Triple Zero.

You can call the National Disability Abuse and Neglect Hotline if you do not feel comfortable talking to the police.

The National Disability Abuse and Neglect Hotline is a service for people with disability who experience:

• abuse – when someone treats you badly
• neglect – when someone is not helping you the way they are supposed to.

You can call them.

1800 880 052

You can email them.

hotline@workfocus.com

If it is safe, it is a good idea to get evidence of what has happened to you.

You can bring it with you to the police.

For example, you can:

• write down what happened
• take pictures of what happened, like any bruises on your body
• take a video on your phone
• make a voice recording.

You can also ask someone else to describe your injuries to the police.

Or they can tell the police if they noticed you and the person who hurt you having arguments in the past.

If the police arrest you, you must:

• go with the police
• do what they say.

You can take whatever equipment or support you need for your disability.

For example, a guide dog.

You do not have to go with the police if they do not arrest you.

If you have seen a crime, the police might ask you to tell them about it.

It is okay to say no.

You should never feel that you have to talk with the police about a crime you saw.

But if you do tell the police about a crime, you must tell the truth.

It might be hard for people with high support needs to deal with police and the courts.

For example, they might have trouble:

• answering questions
• explaining what they experienced.

They might also face discrimination from the police and the courts.

The person you care for might feel stressed if the space they are in is not accessible.

They might also feel like they need to:

• please the person they are talking with
• agree to things they did not do.

In many states and territories, people with an intellectual disability can have a support person with them when they talk to the police.

If the police want to talk to someone you care for, do not be afraid to speak up for their rights.