Indigenous People, Mental Health, Cognitive Disability and The Criminal Justice System

A series of Research Briefs designed to bring research findings to policy makers
Indigenous People, Mental Health, Cognitive

Conducting research with Indigenous people
Disability
Conducting
and communities and the Criminal
research with Justice System
Indigenous people
Conducting research with Indigenous
Dr Ruth McCausland, Ms Elizabeth McEntyre, Prof Eileen Baldry (UNSW Sydney)
people
and
and communities
communities
The Indigenous
System Project
Australians with Mental Health Disorders and Cognitive Disabilities in the Criminal Justice
was funded by an Australian Research Council Linkage Grant. Brief 15, January 2013
Dr Judy Putt Brief 22, August 2017
Written for the Indigenous Justice Clearinghouse Brief 15, January 2013
Dr Judy Putt Brief 15, forJanuary
diagnosis2013
Introduction
Dr Judyfor Putt
that impairs emotional wellbeing, to professionals in and
Written the Indigenous Justice Clearinghouse judgment
Introduction
Written for the Indigenous Justice Clearinghouse expertise or of behaviour
their circumstancesso as to affect
past out of custody, misdiagnosis or lack of
Research practice and
There is rising disquiet at the over- functioning in daily
and present, and on positive life to a change
material recognition of certain disorders, and
Introduction
representation of Aboriginal and Torres extent (Smith(NSW
expertise Law Reform
of their
1999; Commission
circumstances
Sherwood past
2010). context
Research ofpractice
under-diagnosis others due to and cultural
Past critiques of the social sciences
Introduction
Strait Islander people with mental health
expertise
2012:
and of their
138).
present, It
and circumstances
includes
on positive past
psychoses,
change Research
bias in testing affecting practice accuracyand are
focused primarily on the identity of the and present,
This brief and
provides on positive
an overview change of context
The research ‘business’
disorders
Past critiques and ofcognitive sciencesin anxiety
the socialdisability (Smith and depression.
1999; Sherwood 2010). major
context factors impeding both support for
researcher
Past critiques andofhisthe or social
her relationship
sciences (Smith
innovative 1999;
and Sherwood research
exemplary 2010). this group and data gathering (Cutcher et
Australian
focused primarily criminalonjustice systems,
the identity of thein ‘Cognitive disability’an isoverview used ofto Research can be broadly divided
with the primarily
‘subject’ Indigenous person, This brief provides
approaches and practice undertaken al.The
2014; research
MacGillivray ‘business’
and Baldry 2013;
focused
particular amongst on the
thoseidentity of the
considered refer
This to
briefan ongoing
provides an impairment
overview ofin into that which is‘business’
investigator-driven
researcher and his or her relationship
but over time more innovative
with and byand exemplary
Indigenous research
communities The research
researcher
unfit to plead andand his or hersophisticated
subject relationship
to indefinite comprehension,
innovative and reason,undertaken
exemplary adaptive
research Aboriginal
Research
and that which and canTorres
is Strait Islander
bepolicy-driven,
broadly divided
with
with the ‘subject’ Indigenous person, approaches
that is relevant and to practice
crime and justice Research can beinvestigator-driven
broadly divided
and the
detention.
with practical
This hasapproaches
‘subject’ resulted inperson,
Indigenous a have
recent functioning,
approaches judgment,
and practice learning
undertaken or Social
into Justice
that whichCommissioner
is
the former generating proposals 2008).
but over time more sophisticated with and by AIndigenous
research. number communities
of critical into that which is investigator-driven
emerged
increase
but overin research related
time more andto sophisticated
participant-of memory
interrogation with and that
by is the
Indigenousresult of any damage
communities and
Available
through thatdatawhich
thesis showsis
work policy-driven,
that
andIndigenous
academic with
and practical approaches have that is relevant
questions guidedtothis crime
brief,and justice
including: and that which is policy-driven, with
focused
policy
and inpracticalmethodologies
this area (First
approaches and design.
Peoples Disability
have to,
thatdysfunction,
is relevant developmental
to crime and delay
justice the
people former
interest that in are generating
custody
submitted proposals
in forAustralia
funding
emerged related to participant- research. A number of critical the former generating proposals
More
Network specifically,
2016; Senate past
Community research
Affairs orresearch.
deterioration
• What have A number
of the of
brain critical
or mind through the
experience
whilst thesis
high workarises
rates
latter and
of poor academic
mental
primarily
emerged related to participant-
focused methodologies and design. questions guidedbeen the including:
this brief, research through thesis work and for academic
Reference
involving Committee
Indigenous 2016; Baldry
people et
has al. questions
(NSW Law guided
Reform this brief,
Commission
topics and methods undertaken in including:
2012: interest
health that
and are submitted
wellbeing,
through commissioned projects and funding
including
focused methodologies and design. interest that are submitted forprimarily
funding
More NSW
2015; specifically,
Law past Commission
Reform research • What
136). have
It includes been the on
intellectual research
disability, whilst the
intergenerational latter arisesinstitutions
trauma, grief and
been criticised as
More specifically, past research inherently biased Australia in recent years justice evaluations. Research
involving Indigenous people has • What
topics havemethods
and been undertaken
the research in whilst
through the latter
commissioned arises projectsprimarily
and
2012;
and Sotiri, McGee &
disempowering Baldryet2012;
(Henry al learning
issues disability,
and borderline
Indigenous intellec-
people? loss
and (Australian
funding Bureautherefore
bodies of Statistics play
involving Indigenous people has topics andinmethods undertaken in through commissioned projects and
been criticised
Aboriginal and as inherently
Torres 2008; biased Australia recent
Strait Islander tual disability, acquired brain injury and years on justice evaluations.
2015).
an importantIndigenous Researchwomen
role institutions
in custody
in supporting
2004; criticised
been Davey and asDayinherently Kidman biased • Australia
What constitutes
in recent good onpractice
years justice evaluations. Research institutions
and disempowering
Social Justice Commissioner (Henry et al
2008). Fetalissues
Alcohol and Indigenous
Spectrum people?
Disorder. While and
experience funding
locally-driven bodies
researchtherefore
particularly poor
and mental play
setting
2007; Sherwood
and disempowering 2010).
(Henry Recent et al in criminological
issues and Indigenous research
people?and and funding bodies therefore play
2004; Davey and Day 2008; Kidman ‘impairment’
• What relates togood
constitutes an individual
practice an
health,
national important
with common
priorities rolefor inresearchsupporting
histories of
that
This
2004;research
responses Davey that brief
and seek examines
Day to improve
2008; available
Kidman all evaluation? an important research role in and supporting
2007;on Sherwood 2010). Recent • What
condition, constitutessignifies
‘disability’
in criminological good
research practice
ways andin locally-driven
multiple traumatic events
incorporates Indigenous perspectives setting
(Heffernan
data
forms prevalence
2007; ofSherwood research practicerates of Indigenous
2010). involving
Recent • What are some of the and key locally-driven research and setting
responses which in acriminological
person
evaluation? with research
impairment may etnational 2015;priorities
oral.supports Baldry &forMcEntyre
Indigenous research
control that
2011;
or
people
Indigenous withthat people
seek health
mental in
to improve
Australia and
all
disorders considerations when conducting national priorities for research that
responses that seek to improve all be evaluation?
excluded from full participation in incorporates
Indig, McEntyre, Indigenous
Page
direction (Henry et al 2004). & perspectives
Ross 2010).
formscognitive
and of research practice
disability involving
in Australia and • What arewithsome of thepeople key incorporates
internationally,
forms of researchinclude practice involvingfunding research
society.
• What are some
Indigenous or supports Indigenous Indigenousperspectives control or
Indigenous
outlines
for thepeoplechallenges
Indigenous-specific
in Australia
in researchand
obtaining considerations
and communities? whenof conducting
the key After
or extensive Aboriginal-led
supports
In terms(Henry ofIndigenous
crime and
research
control or
justice
Indigenous people in Australia and considerations when conducting direction et al 2004).
accurate
internationally, data. It includesets out funding particular Indigenous
research withpeople Indigenous withpeople with Aboriginal
direction (Henry communities
research, the main sources of et al 2004). in New
institutes,
internationally, dedicated funding for • research
What should constitute people
with Indigenous good
issues
for facing these include
Indigenous-specific
funding
groups of Indigenous
research mentaland communities?
health disorders South
In Wales and
terms
government of the
fundingcrimeNorthern
andand
Territory,
the kind justice
of
Indigenous
for academics
Indigenous-specific and research
research practice
and and
communities? what are examples? In
the terms
authors of
found crime
that and
institutionalised justice
people
institutes, in their contact with
dedicated funding police, forin • What should constitute good research, questions the mainthatsources of
networks,
institutes,
courts,
and
in custody
ethical funding
dedicated andand
guidelines.
post-release,for and
• What cognitive
are
should disability
the constitute
main practical in
good
research
research,
racism,
government the the taking
funding mainofand land,
preoccupy
sources
the forcible
kind of
of
Indigenous academics research practice and what are examples? policy makers means that much
Some of the
Indigenous
highlighting
networks, and themost
academicslackinteresting
ethical
and and
research
of guidelines.
appropriate criminal
challenges
practice and justiceassociated
what are systems
with such
examples? government
removal
research of funding
children,
questions
of the research with Indigenous
and
poor
that the kind
education,
preoccupy of
substantial
networks, and Indigenous-led
ethicalat all or informed
guidelines. • What
practice? are the main practical research
over-crowded questions
housing, that a preoccupy
lack of
diversionary
Some of theprograms most interesting stagesandof • What are associated
the main with practical policy
people makers relies on means secondary thatanalysis
much
research that has emerged in the challenges such policy
appropriate makers
health means
care, that
early much
loss of
this
Some contact.
of the Themostbrief concludes
interestingwith andkey Indigenous
challenges peoples
associated are
with over-
such of the research data
of administrative with and Indigenous
national
substantial Indigenous-led or informed The brief
represented is
practice? divided
in criminal into four
justice sections,
systems of
family the research
andrelies
community with
members, Indigenous over-
past 20
principles years
and has
strategiesoften
substantial Indigenous-led or informed forrelated
policy to
and practice?research practice and people on secondary analysis
research that has emerged in the covering surveys. Driven by governmental
health, and amongst peopleinto withfour
mental health people
policing relies
and highon secondary
rates of analysis
incarceration
research although
programming has such
thatreform emerged innovative
in this area, in drawn
the The briefethical
context, is divided frameworks sections,
and review of administrative
agreements at thedata nationaland level,national in
past 20 years has often related to disorders and cognitive allof administrative
continue to impact data and national
negatively on
approaches
from
past available
20 years remain
has under-developed
research and evaluations.
often related to
The brief
covering is divided
research
processes,Disability
into practice (First
disability
practical constraints
four sections,
and
and surveys. Driven by
Australia, the focus is on monitoring governmental
health, although such innovative Peoples
covering research Network
practice 2016;
and surveys.
Indigenous
agreements Driven theby
peoples’ governmental
mental health
in the
Mental criminological
health, althoughhealth domain.
disorders
such innovative Today,
and context, ethical
challenges,Bureau frameworks
and promising and review
practice. Indigenous at national
over-representation level, in
in
approaches remain under-developed Australian
context, ethical of
frameworks Statistics
and 2015;
review agreements
and wellbeing
Australia, the at the
(Baldry
focus national
is et
on al. level,
2015).
monitoring in
Indigenous
approachesresearchers
cognitive disability
remain argue the focus
under-developed processes, practical constraints
Where appropriate, examples and are the criminal justice system and
in the criminological domain. Today, Baldry
processes,et al. 2015;
practical Cutcher
constraints etandal. Australia,
This and the
Indigenous other focus is on monitoring
research indicates
should be on
in the criminological
‘Mental health
working with
disorder’domain.Indigenous
is Today,in 2014;
used
challenges,
drawn from andother promising
countries, practice.
most evaluations over-representation
of programs andin
Indigenous researchers argue the focus Australian
challenges,
Where Institute
and promising
appropriate, examplesof Health
practice. Indigenous
that
the Indigenous
criminal over-representation
people
justice with
system cognitiveandin
people
Indigenous
this briefwho hold
referthe
researchers
to knowledge
argue
to with
a temporary and
the focus notably New Zealand and Canada.are initiatives that seek to ‘close the
should be on working Indigenousor and WhereWelfare (AIHW)
appropriate,
drawn from other countries, most 2011).
examples However,are disability
the
evaluations are of
criminal over-represented
justice system and
programs andin
should be ondisturbance
continuing working with Indigenous
of thought, obtaining
drawn fromaccurate
other data
countries, on their
most their contact
evaluations with
of all criminal
programs justice
and
people who hold the knowledge and notably New Zealand and Canada. initiatives that seek to ‘close the
mood,
people volition,
who holdperception the knowledge or memoryand prevalence
notably New is Zealand
difficult. A andlack of access
Canada. agencies.
initiatives They that seek are more to ‘close likely the to
Standing Council on
www.indigenousjustice.gov.au
Law and Justice
Law, Crime Council
Standing and Community
on
www.indigenousjustice.gov.au Safety Council
Standing Council on
www.indigenousjustice.gov.au Law and Justice
Law and Justice
In d ig e n o u s J u st i ce C l ear i n g h o u se
ethics approval in Australia (Graham placed in a cultural brokerage role. scientific community – which may
come to the attention
2011; Kidman 2007; Sherwood of police; more inSherwood
2010). young people (2010) (Kennyrefers& to Frize 2010). Under-diagnosis
tensions be sometimes at odds with the need
likely to be charged;
Considerable time may andbemore requiredlikely Aboriginal
related toyoung offendersresearchers’
Indigenous in that study to be accountable and respectful of
to
to beplanimprisoned
and develop (Victorian Legal Aid had
a partnership a much higher
responsibilities to rate intellectual Many
theirofcommunity IndigenousIndigenous cultural people
priorities. with Davey these
2011);
or and spend
collaborative longer in
arrangement custody disability than their
and the aim of making research a safe non-Aboriginal disabilities who come
and Day (2008) found this occurred into contact with
(Hunyor & Swift 2011).
with Indigenous They have or
communities few peers (27.1% and
and beneficial 11.9%forrespectively),
process Indigenous criminal justice systems
during data collection – with the non- may have
opportunities
organisations for and programto obtainpathways letters and
people,young whilstpeople
working with an intellectual
within a western never
Indigenoushad their disability appropriately
researchers seeking to
when
of supportincarcerated.
from key They are less likely disability
representatives academicwere environment.
more likely There to haveishad a recognised or diagnosed nor
ensure compassionate received
professional
prior
to betogranted
submitting parolean application.
(Victorian Legal For lack of court
more documented perspectives
attendances; from
recorded support
distance from
whilstdisability
Indigenous services. colleagues Those
example,
Aid 2011); Coramand have (2011) describes
substantially fewera community-based
offences; bonds/probation; researchers, committed and with
wantedintellectual
to assist disability,
and for counsel example, the
12-month
options in application
terms of process
access to to obtain
programs accounts
more of the offences;
property strengths they and bring have may men, not mindful
have of thea wellbeing
received diagnosis of
as
A series of Research Briefs designed to bring research
to the
researchprocess. findings Canadian
to policy makers
approval
and from an(Rushworth
treatments ethics committee, 2011) than for had higher numbers of Apprehended a participants. child and instead Coramwere (2011) found that
perceived as
a small scalepeople
Indigenous study withoutof a community research,Orders
cognitive Violence however, than suggests
young offenders those she wasand
disruptive criticised
disengaged for not from recording
school,
project
2012).
involving young
impairment (Sotiri, McGee & Baldry
Based upon researchers’ reflections of
people. who
without
certainly
have
& Frize 2010).
an
have
been
intellectual
more
directly
disability
positive
involved
(Kenny
attitudes
or families may have been reluctanther
‘negative’
research
seek a diagnosis
observations
but she given argues
concern she
in
that could
it may
to
and communities
about research than those who had not to retain the or trust of the intervention
community
It experiences,
their is estimated that rates
it is evident that there of Aonly
study by Haysom and othersinfound lead stigma negative
heard about research the if she did so.
areacquired
often gaps brain betweeninjury the theory and of the rates for(Edwards
community Aboriginal et young
al 2008). people by government services (Baldry et al.
traumatic brain
good research and practice (Blagg injury are up with intellectual disability in NSW 2015). Cognitive impairment can also
Evaluation challenges
to three times
2011; Davey and Day 2011; Sherwood higher amongst Who benefits?
custodial centres to be 10 times those be Brief
‘masked’ 15,
by alcoholJanuary and other 2013 drug
Dr Indigenous
Judy Putt people than non- Much of the research that Indigenous
2010; Williams et al 2011). Despite the ofAcademic
all youngresearch people inhas general misuse, and or other disability such as
the certain
Indigenous
Written people captured peopleillness, have experienced relates or to
best of for the Indigenous
intentions, there are Justice
inherent Clearinghouse
population,
values and practices that rates
and three times the are mental hearing impairment
in criminal justice agencies evaluations, and may be largely a
tensions between a commitment to ofcontinually
Indigenous young people
reinforced throughin the the learned coping strategies (Sotiri, McGee
consultation process. As Williams et al
(Rushworth 2011:
the principles of participatory and 3-4). & Research
Baldry 2012: 27; Baldry & and Cunneen
Introduction expertise
community
definition and of(2014:
their circumstances
104).
recognition of ‘experts’past
(2011) stress, the practice
AIATSIS guidelines
ethical research
Indigenous young andpeople,the expectations
who make and theirpresent, and on positive
role in peer review of funding change 2014; Baldry 2014; Baldry et al. 2015: 18).
of funding
up more agencies
than half and
of academia.
the juvenile Fetal
(Smith
assessments Alcohol
1999; and Spectrum
Sherwood
acceptance 2010). of
context
on Indigenous research do not deal
Past critiques of the social sciences For many Indigenous
specifically with evaluation, people despite in the
Strict adherence to ethical alsoguidelines
have very Disorder
population
focused
in custody,
primarily on the identity of the research
This
products
brief provides
(FASD) (Sherwood
an overview
2010).
of criminal
the particularjustice challenges
system, diagnosis surrounding of
and research
high rates of protocols intellectualdoes not
disability, In many circumstances, funding The
their
research
disability comes
‘business’
with assessment
researcher and his or her relationship innovative and exemplary research evaluations of programs and initiatives
necessarily intellectual
borderline translate intodisability day-to-day and Fetal
applications
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with
good the ‘subject’
practice. Nor Indigenous
may there person,
be the approaches and
Spectrum
practice undertaken onResearch
thatentry tocan
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Indigenous
prison. Howeverpeople. divided
such
mental health disorders. For example, (FASD) are stillisassessed
an umbrella in terms
term forof scientific
the range a into The that
common
diagnosis which
does is investigator-driven
business
not often model lead for
to
but
funding,
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mostcapacity recentmore andhealth survey toof ofwith
sophisticated
timeframe quality andnot
physical,
by social
Indigenous
cognitive, benefit communities
(Henry and
behavioural et and that which
evaluations
appropriate adopted
services is policy-driven,
orby governments
support with
while
allow all
and
young parties to
practical
people devote
inapproaches
custody the in energy
have that
al 2004),is relevant
NSW neurodevelopmental although to crime
this isand justice
changing
disorders that inthe former
isorto after
contract generating
external
custody. proposals
or independent
Research reveals
and resources to follow through on the research.
with the A number of critical
emergedJustice
(NSW related Health to and participant-
Forensic result from NHMRC
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a fetus to that through
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subsequent thesis
undertake workthe
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with
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andconsumption brief, including:
research
Mental Health Network and and design.Juvenile maternal alcohol during focus specifications,
interest that are including
submitted
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Justice
More 2016) indicates pastthat with Indigenous
24.5% of pregnancy communities now
From a specifically,
non-Indigenous research
perspective, • What have (AIHWbeen 2015b). theWhile there
research determined
whilst
complex the by
social the contracting
latter
disadvantage arisesor disability, party.
primarily
Indigenous young people requiring applicants to demonstrate
the research
involving process
Indigenous can beindifficult,
people custody
has is limited
topicsdata and available in Australia in
methods undertaken Collaborative
on mental
through commissioned and
health or alcohol and other drug participatory
projects and
had a criticised
diagnosed intellectual disability community engagement, capacity research methodologies do not lend
subject
been to changeasand negotiation
inherently over
biased the prevalence
Australia in recent of FASD, yearsboth onnational
justice evaluations. Research
support needs (Baldry et al. 2015: 12). institutions
building and benefit. The question of
compared
time and
and thetoceding
disempowering 11% of control non-Indigenous
(Henry andet re-al and issuesinternational
and researchpeople?
Indigenous indicates themselves
and fundingto bodies short timeframes. therefore They play
orientation
young people.in thinking
41.2%
2004; Davey and Day 2008; Kidman (Coram
of 2012;
Indigenous
benefit – short term to participants
that it may be affecting a large number Cognitive
also
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•andWhat to collaborators
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Davey and
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2007; Sherwood 2010). Recent
2008;inNicholls 2009).
the borderline ofand
Aboriginal children and adults and mental
to talk about
locally-driven health butresearch disorders
difficult to
and do.setting
There
inlonger term,
criminological to Indigenous
researchpeople and
Blagg (2011)disability
intellectual
responses
states that
that domain
range
seek toisimprove
researching
compared in particular those who are caught up
all andevaluation?
social science is not always easy national priorities for research time
are limited resources, and limited that
in the 38%
with Aboriginal of non-Indigenous never easy young intocriminal justice systems (Fitzpatrick to develop
People
incorporates withtheIndigenous
trust and disability
cognitive confidence
perspectives at
are
forms of research practice involving determine and to agree upon, let
or straightforward, whether
people. The survey also revealed that etalone working • What
al. 2015; are some of
Ospina 2011; Baldry et al. the key the
often heart
confused of truewith partnerships.
those with a mental
deliver. or supports Indigenous control or
Indigenous
with an of
59.8% peopleurban
Aboriginal
Indigenous in young
Australia
grouppeople or and
in ain 2015: considerations
156). when conducting health disorder andetare less recognised
direction
Research (Henry instruments al 2004).
remote community.
internationally, Sherwood
include
custody had severe difficulties in core (2010)
funding research
Challenges with
of Indigenous
community-based people as an over-represented and vulnerable
(herself anskills Indigenous The and first communities?
ever and ongoing prevalence
for
language Indigenous-specificand 85%researcher) hadresearch
severe study collaborative
on FASD
approaches include
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There
In
group in may
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(Baldry and flaws
& Cunneen justice in
found a common
institutes, indedicated
difficulties refrain amongst
funding for
reading comprehension. the the agenda for power standard
research,
2014). They are research
theoften mainmerged instruments
sources in the law of
• What should beingconstitute
conducted good
Aboriginal
65.4% people she
of Indigenous talked with,in communities
differentials, is and ownership inandthe that
government
with require
people adaption
funding
with cognitive and or the redesign
kind
impairment of
Indigenous academicsyoung and research people Fitzroypractice and what are examples?
was that researchers did not ‘listen’
custody in NSW had been diagnosed identityValley,
of theWestern researchAustraliaproject, (WA). with (Anderson
research
and dealt 2008).
questions
with under Survey
thatmental questions
preoccupyhealth
networks,
and did not get andtheethicalstory ‘right’. guidelines.
As she The Lilliwan
•political
What areProject the to hasthefound
main practicalthat
with a ofmental healthinteresting
disorder (NSW dimensions process are asked
policy
legislation slightly2014).
makers
(Baldry differently
means Manythat in remote
much
staff in
Some the most
underlines, being able to listen and and children
and born in 2002/2003
challenges
outcomes associatedet
(Edwards and
with
al living
suchin
2008). and non-remote contexts in NATSISS
Justice Health and Forensic Mental the Fitzroy Valley in 2010/2011 had one of
criminal the research
justice agencies with are Indigenous
unsure of
substantial
hear is an active Indigenous-led
process that or informed
requires Otherpractice?
challenges may relate to the (ABS 2010), and Blagg (2008) refers
Health Network and Juvenile Justice of the highest prevalence rates of FASD what people reliesimpairment
cognitive on secondary is (Snoymananalysis
research
openness that and can has be emerged
discomforting. in the scepticism and resistance from to the development of a community
2016). The brief world-wide
is divided into four sections, of administrative
2010) and there is andata and national
under-recognition
Another
past risk, according
20 years has often to relatedDavey to recorded
Indigenous gatekeepers (Fitzpatrick
(Davey etand al. safety questionnaire that required
A
and2010 study
Dayalthough
(2008), of 800 is young
that of people
over- covering
2015). Thoseand research
withas FASD practice
have beenpointsand
noted ofsurveys.
the need Driven
for by
special governmental
supports for
health, such innovative Day 2008) Blagg (2011) reformulating questions about safety
identification
on community ororders
romanticism,
in NSW, and context,
20% toout, be the ethical
particularly frameworks
needs vulnerable and
of non-Indigenous review
to contact agreements
this group at
(Intellectual the national
Disability level,
Rights in
approaches remain under-developed and social problems. This initial
reifying
of whomthe were construct
Aboriginal, of Indigenous
found that with processes,
researchers
the criminal practical not constraints
mayjustice besystem
a priority dueand into Service
Australia, 2008). the focus
work was further built upon in a large is on monitoring
in the criminological domain. Today, challenges, and promising practice. Indigenous over-representation in
identity or reproducing stereotypes. Indigenous
Aboriginality and intellectual disability low levels of understanding and lack communities. scale with
People surveycognitive of community
disability who safety
are
Indigenous researchers argue the focus the criminal injustice system and
status make separate and combined ofWhere diagnosis appropriate,
and appropriate examples are
disability and wellbeing
charged with offences remote communities
require specific
For Indigenous
should be on working researchers,
with Indigenous there There from
drawn can other be different countries, notions
most evaluations
(Shaw and d’Abbs of programs
2011). and
contributions to the risk of re-offending support (Sotiri, McGee & Baldry 2012). cognitive disability support programs
can bewho
people significant
hold the challenges
knowledge and and of accountability
notably New Zealand – to andthe funding
Canada. initiatives that seek to ‘close the
difficulties associated with being body, to the university and the In certain contexts, due regard should
2
4
Standing Council on
and
2011; diversions
Kidman 2007; from criminal2010).
Sherwood justice also Sherwoodexperience (2010) institutional
refers to tensions racism, and be included
sometimes theftatand odds related
with the offences,
need
processes. Mental
Considerable time may be required health treatments are stigma and discrimination
related to Indigenous researchers’ on the basis of public order offences,
to be accountable and respectful offences against of
not effective
to plan andor develop
appropriate partnershipfor their
a responses Indigenous heritage
responsibilities to theirand disability, justice
community Indigenousprocedures,cultural government
priorities. securityDavey
people
or with a cognitive disability
collaborative arrangement (Baldry with andthethe result
aim ofthat makingtheirresearch
behaviour often and
a safe andgovernment
Day (2008)operations, found thisand traffic
occurred
et
withal. 2015).
Indigenous communities or comes to the attention
and beneficial process for of Indigenous
police and and vehicle
during data regulatory
collection offences
– with(Baldry the non- et
organisations and to
While people with cognitive disability obtain letters other
people, authorities.
whilst workingThis affects
within a access
western al. 2015).
Indigenous researchers seeking to
academic environment. There is a
of support
also frequently from experience mental health to education, employment, housing and Police
key representatives ensure compassionate professional
prior to submitting an application. For lacklegal
just of documented
outcomes. perspectives from distance whilst Indigenous colleagues
disorders, it is important to identify
example, Coram (2011) describes a community-based researchers, and wanted to assist and counsel the
the existence of a cognitive disability Significantly poorer physical health The authors have found that Indigenous
12-month application process to obtain accounts of the strengths they bring men, mindful of the wellbeing of
A series ofas
regardless, Research
mental health Briefslegislation
designed may to bring
also research
be a findings
contributing
to the research process. Canadian
to policy
factor tomakers
people with mental health found disorders
approval from an ethics committee, for participants. Coram (2011) that
may not provide adequate support and the increased likelihood
research, however, suggests those of Indigenous and cognitive disability often have
a small scale study of a community she was criticised for not recording
protection
project involving for those youngwith people. a cognitive Australianswho have been with directly mental involved health difficult interactions with police that
‘negative’ observations in her
disability. For example, people with disorders and cognitive
certainly have more positive attitudes disability being escalate in frequency and intensity
research but she argues she could
Based upon
cognitive researchers’
disability are often reflectionsseriously of criminalised. There arethose
reportedly few (Baldry et al.the2015; Baldry & Dowse
and communities
about research than who had not retain trust of the community
their experiences,
disadvantaged by itbeing
is evidentincludedthat therein the positive health and
only heard about research in thewellbeing options for 2013).
if sheIndigenous
did so. people with cognitive
are oftensystem
forensic gaps between - not leastthe theorytheir
because of Indigenous
communitypeople (Edwards with et complex
al 2008). support disability have a significantly lower age
good research and practice (Blagg needs who may live in areas without ofEvaluation
Brief 15,challenges
disability is not amenable to medication first police contact and a significantly
2011; Davey and Day 2011;
or treatment in the same way that mental drug Sherwood Who and benefits?
alcohol rehabilitation services, higher January 2013
Dr Judy Putt number of
Much of the research that police contacts
Indigenous than
2010; Williams
illness often is. et al 2011).
This can result Despite
in peoplethe or even whenresearch
Academic these are has available they their
certain
Written non-Indigenous
people have experienced relates to counterparts
with of for
best cognitive the Indigenous
intentions, impairmentthere being areJustice
detained may values exclude and people practices with athat cognitive
are (Baldry
evaluations,et al. and 2015; mayMacGillivray
be largely & a
tensions between
indefinitely or for longer a commitment
than they would to impairment
continually (Baldry reinforcedet al. 2015).
through the Baldry 2013). process. As Williams et al
consultation
the principles of participatory and
Introduction expertise
definition and of their circumstances
recognition of ‘experts’ past Research practice and
be were they to be given a sentence for Research by and the authors andchange others The (2011) stress, the AIATSIS guidelines
ethical research and the expectations and present, on positive
their role in peer review of funding authors and others have previously
their offence. This can be because they has found that while there are2010). some reportedcontext
of funding agencies and academia. (Smith
assessments 1999; andSherwoodacceptance of that due to a long history of
Pastfound
are critiques
unfit of to the
plead social
or not sciences
guilty by diversionary programs that aim to assist specifically with evaluation, despite
Strict adherence to ethical guidelines research products (Sherwood 2010). poor relationships between police and
reason
focused of mental on
primarily impairment,
the identity but may people the particular challenges surrounding
and research protocols doesof the not This brief
with provides
drug and an overview
alcohol relatedof The
Indigenous research ‘business’
be thought to
researcher and be hisa riskor toherthe community, offending,
relationship
In many circumstances, funding
innovative and
they exemplary
usually do notresearch
accept evaluationspeople, of programs including racism
and initiatives
necessarily translate into day-to-day applications and research outputs and violence
Research (Cunneen
can be 2007),
broadly limited
divided
have
with no other place to go there and/or arethe not people that involve Indigenous people.
goodthe ‘subject’
practice. NorIndigenous
may person,
be approaches
are stillwith
assessed and practice
a history in ofterms undertaken
violence and are understanding
of scientific into that which and
is identification
investigator-driven of
seen
but
funding,to improve
over time (Baldry
capacity and 2014:
more 381). to
sophisticated
timeframe with and by social
Indigenous communities The common business model for
rarely
quality equipped
not to support
benefit people
(Henrywith et disability has contributed to:
and that which is
evaluations adopted by governmentspolicy-driven, with
allow all
Complex
and parties
practical toapproaches
support devote the needs energy
have that
cognitive is relevant
disability to(Baldry
crime
this isand al.justice
etchanging 2015;
and resources
emerged to followtothrough
related on the
participant-
al 2004),
research.
Sotiri,
with McGee
the NHMRC
although
A& Baldry
number 2012).
grant of critical
guidelines
•the former
isa to lack
contract generating
of external
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independent in
through
groups to
interactions thesis
undertake workthe
between andwork academic
with
Indigenous the
ideal. with questions guided andthishealth brief, including:
People
focused mental health
methodologies and disorders
design. Infor the medical absence of available research or specifications,
people that
interest and are including
police;submitted thefortimeline,
funding
and cognitive disability who are with Indigenous communities now
More
managed
the research
involving
non-Indigenous
in criminal can
process
Indigenous
pastperspective,
justice
research
systems
be difficult,
people has
appropriate
• What have
housing
community-based
been the research
requiring applicants to demonstrate
care, •determined
whilst
the by the
latter contracting
arises
the tendency of people with cognitive
Collaborative and participatory
party.
primarily
topicsorand support,
methods incarceration
undertakencan in through commissioned
disability to ‘agree’ with police projects and
often face a variety ofnegotiation
negativebiased factors community engagement, capacity research methodologies do not lend
subject
been to change
criticised asand inherently over be considered
Australia inthe onlyyears
recent available option
on justice evaluations. Research
versions of events for a number of institutions
and circumstances building and benefit. The question of
time and
and the ceding ofwhich
disempowering (Henrycompound
control andet re- al for Indigenous
issues and persons with
Indigenous complex
people? themselves
and
reasons;fundingto bodies
short timeframes.
therefore They play
to create in ‘complex support needs’ supportbenefit – short term to participants
orientation thinking (Coram 2012; also note that they are relatively easy
2004; Davey and Day 2008; Kidman
(Baldry
Davey and et al. Day 2015;2008; BaldryNicholls et al.2009).
2013).
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needs
to collaborators
(Baldry
constitutes and
et al. 2015:
goodpartners
11).
practice – •an

important
to talk about but
locally-driven
role
people with cognitive impairment, in
difficult to
research
supporting
and do.setting
There
2007; Sherwood 2010). Recent andinlonger
Previous term, toinvolving
criminological
research Indigenous
research
the people
and
authors particularly brain injuries, appearing to
Blagg (2011)
Indigenous peoplestateswith thatmore researching
than one are limited
national resources,
priorities and
for they limited
research time
that
responses that seek to improve all hasandevaluation?
social science
created a dataset is notof alwayspeople
2,731 easy understand more than really do;
in theof
type Aboriginal
impairment domain fromis backgrounds
never easy to develop theIndigenous trust and confidence at
forms of research
or straightforward,
of significant practice
socialwhether involving
working
disadvantage whoto determine
• What
alone
have are
deliver.
beenand in to agree upon,
someprison of the in NSW let
key •incorporates
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the
or
stressful
supports
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partnerships.
Indigenous
high speed
controlwith or
Indigenous
with an Aboriginal
experience peopleurban
particular indifficulty
Australia
groupinorfinding and
in a and whose
considerations diagnoses when of conducting
mental and of police interviews and people
cognitive disability direction
cognitive(Henry
Research et al 2004).
instruments
impairment having a limited
remote community.
internationally,
appropriate support Sherwood
include
and services (2010)
funding and research
Challenges of are
with known, apeople
Indigenous
community-based quarter
(herself
for an Indigenous
Indigenous-specific researcher)
research ofcollaborative
whom are Indigenous
and communities? approachesAustralians include understanding
There
In terms may ofbecrime of what
serious andtheirflaws rights
justice in
are more likely to be imprisoned (NSW
found a common refrain amongst the (Baldry
the agendaet al.for 2015;
research,Baldrythe & power
Dowse are;
standard and research instruments
Law Reform dedicated
institutes, Commissionfunding 2012). for • What research, the main sources of
Aboriginal people she talked with, 2013; Baldryshould
differentials, et and
al. 2012).constitute good
ownership and • police
that

government training
require in dealing
adaption
funding andorwith people
theredesign
kind of
Indigenous
Indigenous academics
persons with and research practice and what are examples?
was that researchers did disability
not ‘listen’ are identity
Analysis of
of the
the dataresearch
found project,
that Indigenouswith with
(Anderson
research cognitive
2008).
questions impairment
Survey
that questions
preoccupy being
networks,
highly
and did likely
not get and totheethical
experience
story ‘right’. guidelines.
multiple,
As she •political
What dimensionsare the main practical
people in the cohort havetothethe process
highest rates inadequate
are
policy asked (Baldry
slightly
makers et that
differently
means al. 2015;
in remote
much
Some
interlockingof
underlines, being the most
and compounding interesting
able to listen disad- and
and and challenges
outcomes associatedetwith
(Edwards al such
2008). Baldry
and &
non-remoteDowse 2013;
contexts Sotiri,
in McGee
NATSISS
of complex needs (multiple diagnoses and of the research with Indigenous
substantial
vantageous
circumstances.
process that or This
informed
requires often practice?
Other challenges may relate to the & Baldry 2012:
disability), with Indigenous women with (ABS
people 2010),
relies on43).
and Blagg (2008)
secondary refers
analysis
research
results
openness in that has be
Indigenous
and can emergedpersonsin being
discomforting. the scepticism and resistance from It to
is the development
concluded that thisof isa problematic
community
complex
The brief needs havinginto
is divided significantly
four higher
sections, of administrative data and national
Another
forced
past 20into risk,criminal
years according
has often justice to
relatedDavey
systems to Indigenous gatekeepers (Davey and safety questionnaire thattherequired
convictions
covering and episodespractice
research of incarceration and given
surveys. police have become
Driven by governmental default
and
at an Day
early (2008),
age due
health, although such innovative is to that
an of
absence over- of Day 2008) and as Blagg (2011) points reformulating questions about safety
(Baldry
context, et al.
ethical 2015)
frameworks when and compared
review frontline
agreements managers at thefor national
many Indigenous level, in
identification
alternative
approaches pathways or romanticism,
remain to an even greater
under-developed and out, the needs of non-Indigenous and social problems. This initial
with their
processes, non-Indigenous peers. Yet the people
Australia,with mental
the focus healthis ondisorders
monitoring and
reifying thenon-Indigenous
extent construct of Indigenous researcherspractical may not constraints
be a priorityand in work was further built upon in a large
in the than criminological domain. peopleToday, with
data also highlights that, like their non- cognitive
Indigenous disability in the absence of
identity or reproducing stereotypes.
cognitive disabilities (Baldry et al. 2015). challenges,
Indigenous and promising
communities. practice. scale survey over-representation
of community safety in
Indigenous researchers argue the focus Indigenous peers,
Where appropriate, examples are most of the offences appropriate
the community
criminal injustice
and wellbeing based
remote system services,
communities and
For authors
The
should Indigenous
be on workinghaveresearchers,
previously
with Indigenous there
reported by There
Indigenous
drawn can people
from be different
other in the cohort
countries, notions
were particularly
most evaluations
(Shaw and in d’Abbs
regional
of 2011). and remote areas
programs and
can Indigenous
that
people bewho significant the challenges
hold people with disability
knowledge and
and oftheaccountability
innotably lessNew seriousZealand – to andthe
categories of funding
offences (Baldry
Canada. initiatives& Dowse that 2013).
seek to ‘close the
3
4
Standing Council on
Courts, lawyers
2011; Kidman and 2010).
2007; Sherwood with disability.
Sherwood A fittingrefers
(2010) example is people experience
to tensions be sometimes of imprisonment
at odds with the to need
their
Considerable time may be required with cognitive disability
related to Indigenous researchers’ being subject to offending
to be accountable and respectful or
behaviour, or transpose of
magistrates indefinite detention
responsibilities to their communityif they have been generalise thatcultural
learningpriorities.
to a community
to plan and develop a partnership Indigenous Davey
or collaborative charged
and the withaim of committing
making research a crime but a safeare setting (Sotiri,
(2008)McGee andoccurred Baldry
Lawyers, court support arrangement workers and and Day found this
with Indigenous communities or found unfit to plead.
and beneficial process for Indigenous 2012),
during leading
data to a high
collection – likelihood
with the non-of
magistrates may also not have the
organisations and to obtain letters people, whilst working within a western reoffending
Indigenous and reimprisonment.
researchers seeking to
training to recognise, understand and In Western Australia and the Northern
of support from key representatives academic environment. There is a ensure compassionate professional
appropriately respond to people with Territory, this detention is generally in Post-release
prior to submitting an application. For lack of documented perspectives from distance whilst Indigenous colleagues
cognitive disability and complex support special units within maximum security
community-based researchers, and
example, Coram (2011) describes a wanted to assist and counsel the
needs. Research has identified that, prisons. accounts In other
of thejurisdictions
strengths people they bring with Williams (in First Peoples Disability
12-month application process to obtain men, mindful of the wellbeing of
A seriesmental
despite of Research Briefs
health committee, designed cognitive
and cognitive to bring research
disability process.
to the research
findings
found unfittotopolicy
Canadian pleadmakers
Network 2016)Coram notes that assessments
approval from an ethics for participants. (2011) found that
impairment support and diversion may be detained as forensic detainees of
a small scale study of a community research, however, suggests those she was criticised for notneeds
Indigenous prisoners’ recording and

in many courts,
project involving young people. high numbers of in a psychiatric or
who have been directly involved other secure facility, risks of reoffending have been criticised
‘negative’ observations in her
Indigenous people with cognitive often for ahave
certainly longer moreperiod than ifattitudes
positive they had asresearch being not butsuited to or relevant
she argues she could for
Based upon
disability researchers’
appearing in local reflections
courts either of been
aboutconvicted
researchand sentenced.
and communities
than those who had Indigenous
not retain people, the trustand of the arecommunity
limited in
their experiences,
have their impairments it is evident that there
unrecognised only heard about research in the their consideration of the complexity of
Different jurisdictions have different if she did so.
arethe
by often gaps
court, or ifbetween
they arethe theory of
identified, are community (Edwards et al 2008). issues Indigenous people with cognitive
goodunassisted
research (MacGillivray
and practice &(Blagg fitness to plead regimes (for an
left Baldry Evaluation
disability may facechallenges
on release, or their
2011; Davey
2013: 25). and Day 2011; Sherwood
examination of fitness to plead laws,
Who benefits? Brief 15, January 2013
Dr Judy Putt et al 2011). Despite the see Gooding et al. 2016). The over- unique complex support
Much of the research that Indigenous needs.
2010; Williams Academic research has certain
One
Written of the
for the reasons
Indigenous for this
Justice is that representation
Clearinghouse of Indigenous people people have experienced relates to
best of intentions, there are inherent values and practices that are In all jurisdictions in Australia,
solicitors may have insufficient time with with cognitive disability amongst those evaluations, and may be largely a
tensions between a commitment to continually reinforced through the Indigenous people on release
their client to establish their background considered unfit to plead and subject to consultation process. As Williams et al
the principles
Introduction of participatory and expertise of their circumstances
definition and recognition of ‘experts’ past Research
need intensive practice
case management,and
and any indication of disability. If a indefinite detention is positive
under increased (2011) stress, the AIATSIS guidelines
ethical research and the expectations and their
present, and on change medication
client’s impairment then scrutiny
role in
(McCausland
peer review of funding
& Baldry2010). 2017; on Indigenous research do not sup-
context
and accommodation deal
of funding agenciesis and recognised,
academia. (Smith
assessments 1999; and Sherwoodacceptance of port (Sotiri, McGee & Baldry despite 2012).
Past critiques of the social sciences specifically with evaluation,
itStrict
is usually
adherence the toresponsibility
ethical guidelines of the First Peoples
research Disability
products Network 2010).
(Sherwood 2016). However Indigenous organisations are
focused primarily on thethem identity the particular challenges surrounding
solicitor
and research representing protocols does toofmakethe
not This brief provides an overview of The research ‘business’
researcher and his aordiversion
her relationship Custody
In many
innovative
circumstances, funding rarely funded adequately
evaluations of programs and initiatives to work with
necessarily
an application translate
for into day-to-day
or non- applicationsand andexemplary
research research outputs Research
people
that with involve can Indigenous
mental be
healthbroadly
disorders divided
and
people.
with
goodthe
custodial ‘subject’
sentencing thereperson,
mayoption, beunless
the approaches
are still assessed and practice
in terms undertaken
of scientific
Research, including by thecommunities
authors, has into
cognitive that which
disability
The common business model for is investigator-driven
when they return to
but
funding,
the overcapacity
client timea disability
has more sophisticated
and timeframe service case to with
qualityandnot by Indigenous
social benefit (Henry et
reported that Indigenous people with the and that
communityadopted
evaluations which is policy-driven,
(Baldry et byal. 2015).
governments with
allow all
and
manager, parties
which to
practical devote
isapproaches
particularlythe energy havefor
rare that is relevant
al 2004), although to crime and
this isincarceratedjustice
changing
disability are sometimes the
is to former external
contract generating or proposals
independent
and resources
Indigenous
emerged to follow
people
related tothrough
(Baldry et al.on the
2015).
participant- research.
with the NHMRC A number grant of critical
guidelines The authors’ research revealed that
due to a lack of other options and through
groups to thesis
undertake workthe andwork academic
with the
ideal.
focused questions
for medical guided andthishealth brief, including:
research there are limited diversionary options
There ismethodologies
often insufficient and design.
time or in order to be assessed or receive specifications,
interest that areincluding
submitted the fortimeline,
funding
More with Indigenous communities now for Indigenous people with cognitive
capacity non-Indigenous
to make diversion pastperspective,
research
orders • What have
and ‘treatment’, been in
particularly thetheresearch
case of determined
whilst the by the contracting
latter arises primarily party.
requiring applicants to demonstrate disability
Collaborative in NSW and and the Northern
participatory
the research
involving
arrangements process
Indigenous
in or out can be
of difficult,
people court, hasor those topics
in andand
rural methods
remote undertaken
areas (Baldryin through commissioned projects and
community engagement, capacity Territory,
research particularly
methodologies for those do living
not lendin
subjectcriticised
been
guarantee to change
that as and
they negotiation
inherently
are available overin et al.
biased Australia
2015; in recent
Sotiri, McGee years on justice
& Baldry evaluations. Research institutions
building and benefit. The question of regional and remote areas, with a lack
timecommunity.
and the ceding of control suchand re- issues themselves fundingto bodies short timeframes.
therefore They
the
and disempowering To make (Henry orders,
et al 2012).
benefit – and
However shortIndigenous
Indigenous people?
term to participantspeople are and
ofalsocommunity-based accommodation
play
orientation
magistrates in thinking (Coram 2012; an note
important that theyroleare relatively
in supporting easy
2004; Davey usually and Dayrequire evidence also
2008; Kidman more
•andWhat likely
to collaborators than
constitutes and non-Indigenous
goodpartnerspractice – and
to talk a about lack but of difficult
culturallydo.specific
Davey andup-to-date
such
2007; asSherwood
Day 2008; Nicholls medicalRecent
2010).
2009).
reports people to
andinlonger beterm,in custody
criminological to Indigenous on remand
research people
and or locally-driven research to and setting There
programs that can address underlying
Blagg
and
responses
(2011)
assessments states
that domain
seekwhichthat researching
toisare frequently
improve all onandshort
social sentences
evaluation? science isand nottherefore
always easy less national priorities for research time
are limited resources, and limited that
in the Aboriginal
unavailable, particularly in regional and likelynever easy causes
to develop of the theirtrust offending
and confidence including at
to access the diagnosis,
to determine and to agree upon, let treatment incorporates Indigenous perspectives
forms
or of research practice
straightforward, whether involving
working • What are some of the key alcohol
the heart and of other
true drug
partnerships. dependency,
remote areas and without them, such and aloneprograms
deliver. available to prisoners. or supports Indigenous control or
Indigenous
with an Aboriginal peopleurban in Australia
group or and in a considerations when conducting and a lack of specialist programs for
applications tend to be unsuccessful direction (Henry et al 2004).
remote community.include
internationally, Sherwoodfunding (2010) Once sentenced,
research
Challenges with acommunity-based
of Indigenous person may people Research
be Indigenous women instruments
(Baldry et al. 2015:
(Baldry et al. 2015: 151).
(herself
for an Indigenous
research diagnosed
and
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communities? a disability,
approaches however
include There
149).
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While this be
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High
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• What should constitute good
Aboriginal people
exacerbate she talked
other disabilities, andwith,there and interventions
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ownership in prison,and that
government
cognitive require funding
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Indigenous or the redesign
kind
people of
Indigenous academics and research practice and what are examples?
was
is that researchers
evidence that hearingdid not ‘listen’
problems may and whenofitthe
identity is available,
research itproject, may not be face
with (Anderson
researchadditional 2008).
questions Survey
barriers that in questions
preoccupy
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networks, andtheethical guidelines. •political
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andbe
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processes culturally dimensions to theet practical
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al. 2015). diversionary
are asked
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Some
underlines, of thebeingmost able
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to listen and
and and challenges
outcomes associated
(Edwards et with
al such
2008). and the non-remote contexts inIndigenous
NATSISS
Many Indigenous people with cognitive of
culturally research
appropriate with
and responsive
substantial
hearprovided Indigenous-led
is an active process Human or informed
that requires practice?
Other challenges may relate to the (ABS 2010),
not (Australian Rights
disability whoand are resistance
incarceratedfrom people
are (McCausland relies&and on Blagg
secondary
Baldry (2008)
2017; refers
analysis
Baldry et
research
openness that
and
Commission 2014: 25). has
can emerged
be in
discomforting. the scepticism to the development of a community
The
severelybrief is divided
stressed byinto four
being sections,
removed al.of2015).
administrative data and national
Another
past risk, according
20 years has often to relatedDavey to Indigenous gatekeepers (Davey and safety questionnaire that required
Fitness
and Day to
(2008), plead is that of over- covering
from
Day family and
2008) research
andascountryBlagg practice
and this
(2011) and
pointscan surveys. Driven by governmental
reformulating questions about safety
health, although such innovative
identification or romanticism, and context,
make theethical
task frameworks
of addressing and review
offending National
agreementsDisability at the national level, in
approaches remain under-developed out, the needs of non-Indigenous and social problems. This initial
Fitness
reifying the to pleadconstruct provisions
of Indigenous processes,
may be behaviourresearchers orpractical
learning
may not constraints
benew skillsand
a priority inin Insurance
Australia,
work was further the Scheme
focusbuiltisupon
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Indigenous researchers argue
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Baldry 2012). examples
In addition, are the
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National
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communities and
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processes will not be able to establish Services Program (CISP)
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the principles
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2014: 9). As Indigenous people with unmet day-to-day applications andspecialised
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intellectual disability who have about safety a
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identity or reproducing stereotypes. Indigenous communities. scale survey of community safety
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Indigenous
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integrated and inclusive so they have
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offending episodes a failure of
Principle 2: Person-centred the wascapacitycriticised for not recording
and approach needed
projectservices
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them in the community.
young
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support
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‘negative’
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mental and cognitive disability. argues
people
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health disorders of community is
appropriate (Edwards
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goodcognitive
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on evidence provided from
challenges
2011; Davey
dataset show andthe Daypositive
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Brief
evaluation of15, January
integrated services, 2013 they
Dr Judy Putt Much of
appear to the
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2010;
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2011). Despite the
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tensions their
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decisions their needs for their consultation process. As Williams et al
the principles
Introduction
justice system ofand participatory
improving and their ownexpertise
definition of their
and circumstances
recognition of ‘experts’past Australians
Research with practice
mental and and cognitive
recovery. (2011) stress, the AIATSIS guidelines
ethical research and the
overall quality of life (Baldry et al. 2012).expectations and present, and on positive
their role in peer review of funding change disability in criminal justice systems.
of funding agencies and academia. Strategies
(Smith
assessments 1999; and Sherwood
acceptance 2010). of
context
Past critiques of the social sciences Strategies
specifically with evaluation, despite
The
focused
need
Strict adherence
primarily
forto on
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ethical guidelines
the identity
reform of the • Disabilityproducts

research
This brief
services(Sherwood
in each jurisdiction,
2010).
•
the particular
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and research protocols does not Inalongmany withprovides
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overview ensure
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researcher and his or her relationship innovative evaluations
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relevant
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needs
outputs Research can Indigenous
be broadly divided
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take
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be the
Indigenous approaches
strategy and
supporting practice undertaken
criminal
are still assessed in terms of scientific justice into that which is investigator-driven
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funding, time
capacity more
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timeframe to with andnot by Indigenous communities The
a common
collaborative business
approach to model
designing for
people mental disorders involved
quality Indigenous
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benefit (Henrywith et and that which
evaluations
program adopted
pathways is policy-driven,
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for governments
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with
allow cognitive
and all parties to
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approaches
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criminal that is relevant
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changing the former
ismultiple
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requiring
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topics and methods undertaken in
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been
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inherently
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biased Australia in recent years on justice research methodologies
evaluations. Research do not lend
institutions
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time and
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et2016;al issues and Indigenous people? themselves
and fundingto bodies short timeframes.
therefore They play
orientation
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2004; McGee
Davey & in thinking
Baldry
and Day2012) (Coram
2008;and 2012;
original
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term to participants
Australians
and
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in
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NSW provide
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Davey and Day risk harm to themselves or others a to
workable
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quantitative
2007; Sherwood and2008; Nichollsresearch
qualitative
2010). Recent
2009).
and longer
in term,
criminological to Indigenous
research people
and locally-driven research and
Blagg (2011) states that researching and who have been in the custody of are limited resources, and limited time
(Baldry
responses et thatal. seek
2015),to the improve following all and social
police or science
evaluation? corrections is notshould
alwaysnot easybe
Principle 5: Culture,
national priorities disability
for research that
in the Aboriginal domain
principles and strategies are considered is never easy to develop
incorporates the trust
Indigenous and confidence
perspectives at
forms
or of research practice
straightforward, whether involving
working •
toreturned
determine
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and to
to their some
agree upon,
community of the
let
without
key
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the
gender-informed
heart of true partnerships.
practice
key to policy and programming reform alone deliver. or supports Indigenous control or
Indigenous
with anarea: peopleurban
Aboriginal in Australia
group or and in a specialist
considerationssupport.when conducting Indigenous Australians’ understandings
in this direction (Henry et al 2004).
remote community.include
internationally, Sherwoodfunding (2010) Principle
research3:with
Challenges Holistic
of Indigenous and people ofResearch
community-based ‘disability’instruments and ‘impairment’
Principle
(herself
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Indigenous
research flexible approach
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collaborative approaches include should inform
In terms of crime andflaws
There may all
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serious to the
justicein
found a common
Self-determination refrain
institutes, dedicated funding foris key amongst
to improvingthe the agenda for research, the power standard
development
research, the research
and main instruments
implementation
sources of
A• defined
What and should constitute holistic
operationalised good
Aboriginal
access to and people
exercise sheoftalked human with,
rights differentials, and ownership and that
policy require
governmentand adaption
practice
funding for
and or redesign
Indigenous
the kind of
Indigenous academics and research and practice
flexible and what are
approach in examples?
services for
was that researchers
and to the wellbeing of Aboriginal and did not ‘listen’ identity of the research project, with (Anderson
people
research with 2008).
mental
questions Survey
and
that questions
cognitive
preoccupy
networks, andtheethical guidelines. Indigenous
•political Australians
What dimensions
are the to with mental
main and
and didStrait
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people ‘right’.with Asmental
she the practical
process are asked
disability
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justice
much
Some of the most interesting and cognitive disability and complex support
underlines,
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disability, listen andfor andchallenges
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al 2008). and the
systems,
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with particular
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NATSISS
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active process or informed
that requires needs is needed from first contact with
practice?
those criminal justice systems. Other challenges may relate to the (ABS
issues 2010),
facing and
Indigenous Blagg
people relies on secondary analysis (2008)
women. refers
research
openness that and can has be emerged
discomforting. in the service
scepticism systems. and resistance from to the development of a community
Strategies The brief is divided into four sections, of administrative data and national
Strategies
Another risk, according
past 20 years has often related to to Davey Strategies
Indigenous gatekeepers (Davey and safety questionnaire that required
•
and
Indigenous-led
Day (2008),
health, although such innovative isknowledge
that of over- and
• covering
Day 2008) research
and as Blagg
Early recognition via maternal and

context, ethical frameworks
practice
(2011) and
points
and review
surveys. Driven by governmental
•
reformulating
Better education questions about safety
and information
agreements at the national level, in
for
solutions and
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commissioned by the NZ Crime control or
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magistratescourt.vic.gov.au/sites/default/ conducting Research instruments
remote community. Sherwood (2010) communities and
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Indigenous 2008). Survey Paperquestionsto the
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substantial Indigenous-led or informed practice?
openness
ISSN 1837-6223
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2013 IndigenousJustice
Indigenous Justicescepticism
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research that has emerged in the
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level, in
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approaches
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construct under-developed
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While every effort has been made to ensure that this Indigenous researchers
processes,
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practical not be
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the wellbeing
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system and
For Indigenous researchers, there There can be different notions (Shaw and d’Abbs 2011).
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can be provided with Indigenous
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people
difficulties who hold
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being notably
body,
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A series of Research Briefs designed to bring research findings to policy makers

Indigenous People, Mental Health, Cognitive

Conducting research with Indigenous people

approach, and Indigenous community Thealone deliver.

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