CRPD/C/22/D/17/2013
allegations to be admissible, they are without merit. In any event, the author is not subject
to orders under the Northern Territory Disability Services Act, but is in custody pursuant to
the terms of the Northern Territory Criminal Code. Hence, the terms of the Act are not
relevant to his communication.
4.2
The State party accepts that the author was committed to custody at Alice Springs
Correctional Centre and then to a secure care facility. However, unless otherwise indicated,
it does not accept the author’s version of the facts.
4.3
The Northern Territory Supreme Court’s periodic reviews have consistently
concluded that, due to the lack of any other appropriate facility, there was no practical
alternative to custody in the Correctional Centre. The Northern Territory Department of
Health conducted risk assessments in relation to the author for the Court’s consideration. In
the risk assessment dated 11 January 2012, a forensic psychologist found that, without the
provision of significant support, future violence was a high risk. However, even with
appropriate levels of support, it was assessed that there was still a moderate to high risk of
future violence.
4.4
The State party contests the allegation that the author was held in maximum security
and confined in his cell in isolation for long periods at Alice Springs Correctional Centre.
His care was supervised by the Northern Territory Department of Health and he received
case management, disability and therapeutic services through the Forensic Disability Unit
of the Aged and Disability Program, with the goal of progressing to a point where he could
be placed in the least restrictive environment possible. An average of three individual
sessions were scheduled each week and habilitation exercises included teaching coping and
tolerance skills, progressive muscle relaxation, activities designed to increase the author’s
communication abilities and activity sequencing training to assist him in improving or
arresting the deterioration of his memory. The author was mainly housed in a high-support
unit dedicated to the treatment and accommodation of forensic patients and other inmates
with intellectual and psychosocial illnesses and other disabilities. While the unit is within
the maximum security section of the Correctional Centre, the environment is significantly
different to that in the general maximum security section. The author was supported by
disability support workers and could access family. Outside business hours, staff of the unit
also provided health and welfare support to supervised persons. The author had access to
the courtyard, and was provided with increasing access to low-security areas and, once the
prerequisite steps for external release had been completed, to areas outside the grounds of
the Correctional Centre. He also participated in a day-release programme, which was
however suspended at times following incidents of behaviour of concern or as a result of
his lack of interest in the activities offered.
4.5
The author isolated himself (or was isolated) at times, when he expressed the desire
to be alone, or, in line with best practices in disability support, in response to incidents of
certain behaviour, for the safety of the author or staff and support workers. The author was
at most times separated from mainstream inmates not held in the high-support unit. Often
such mixing was designed to enable the residents of the unit, including the author, to
participate in recreational activities outside of that unit.
4.6
The secure care facility in which the author was subsequently held provides a secure
residential environment 24 hours a day, 7 days a week by delivering supervision and
intensive disability services and support. After the author was transferred there in mid-2013,
the Northern Territory Supreme Court continued to periodically review and supervise the
arrangements for the author’s care in accordance with the Northern Territory Criminal
Code, including in relation to a number of serious incidences of violent behaviour. The
Northern Territory Department of Health continues to report to the Court on the author and
his progress. The author is generally supported by two disability support workers at all
times. Each day, he is taken out of the facility to visit family members or to engage in
recreational activities, including regular visits to the cinema, to outdoor recreation spaces
and national parks and to shops or malls in Alice Springs. However, he continues at times
to exhibit a number of behaviours of concern which have resulted in his day-release visits
being cancelled.
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