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| Roseanne Fulton 'abandoned by government again' | |
| (35 minutes later) | |
| Roseanne Fulton, a young Aboriginal woman who was jailed without charge for 18 months because she has intellectual impairment and had nowhere to go, has been “abandoned” by governments again, her guardian says. | |
| Related: Roseanne Fulton and the other Indigenous disabled people Australia has failed | Damian Griffis | Related: Roseanne Fulton and the other Indigenous disabled people Australia has failed | Damian Griffis |
| In 2014 it was revealed Fulton, who was born with foetal alcohol spectrum disorder (FASD), had spent 18 months incarcerated after she was charged with driving offences in Western Australia. | In 2014 it was revealed Fulton, who was born with foetal alcohol spectrum disorder (FASD), had spent 18 months incarcerated after she was charged with driving offences in Western Australia. |
| WA authorities had found Fulton unfit to plead or face trial, but also determined she would be a danger to herself if released. She was placed in a Kalgoorlie prison until more suitable accommodation could be found, as WA’s mental health supported accommodation was still being built. | WA authorities had found Fulton unfit to plead or face trial, but also determined she would be a danger to herself if released. She was placed in a Kalgoorlie prison until more suitable accommodation could be found, as WA’s mental health supported accommodation was still being built. |
| Fulton remained incarcerated until her plight was revealed by the media. | Fulton remained incarcerated until her plight was revealed by the media. |
| The Northern Territory government was accused of passing the buck, but then days after the revelations the NT health minister, Robyn Lambley, announced she had asked her department to develop a care and treatment plan so Fulton could return home “as soon as it was practicable”. | The Northern Territory government was accused of passing the buck, but then days after the revelations the NT health minister, Robyn Lambley, announced she had asked her department to develop a care and treatment plan so Fulton could return home “as soon as it was practicable”. |
| However according to advocates, that plan has failed, and Fulton has spent about half her time in prison since she was released, and is now “for all intents and purposes” set to be homeless. | However according to advocates, that plan has failed, and Fulton has spent about half her time in prison since she was released, and is now “for all intents and purposes” set to be homeless. |
| Fulton is currently serving a sentence for alcohol-related property offences, due for release in April. The WA determination that she was unfit for plea or trial does not cross state borders and an NT court found differently. | Fulton is currently serving a sentence for alcohol-related property offences, due for release in April. The WA determination that she was unfit for plea or trial does not cross state borders and an NT court found differently. |
| “In my view she’s not fit to plead but they go on expert advice,” Ian McKinlay, Fulton’s joint adult guardian, told Guardian Australia. | “In my view she’s not fit to plead but they go on expert advice,” Ian McKinlay, Fulton’s joint adult guardian, told Guardian Australia. |
| “I would have liked to have more opinion. She’d be in the mild- to mid-level FASD range, but it’s the other overlays – abuse, neglect related injuries, trauma, stresses and other brain damage from injuries.” | “I would have liked to have more opinion. She’d be in the mild- to mid-level FASD range, but it’s the other overlays – abuse, neglect related injuries, trauma, stresses and other brain damage from injuries.” |
| McKinlay and other support workers do not know where Fulton can go once she is released and have written to the prime minister, Malcolm Turnbull, urging him to intervene. He said the federal Indigenous affairs minister, Nigel Scullion, had sought to get a suitable outcome from the NT government. | McKinlay and other support workers do not know where Fulton can go once she is released and have written to the prime minister, Malcolm Turnbull, urging him to intervene. He said the federal Indigenous affairs minister, Nigel Scullion, had sought to get a suitable outcome from the NT government. |
| “Although Roseanne’s support needs fall within the scope of proven disability support methodology, meeting them remains outside the NT’s will or capacity, as well as beyond the current reach of the [national disability insurance scheme],” McKinlay wrote to Turnbull. | “Although Roseanne’s support needs fall within the scope of proven disability support methodology, meeting them remains outside the NT’s will or capacity, as well as beyond the current reach of the [national disability insurance scheme],” McKinlay wrote to Turnbull. |
| “Short of special commonwealth consideration, she will again be abandoned to a perilous existence and imprisonment.” | “Short of special commonwealth consideration, she will again be abandoned to a perilous existence and imprisonment.” |
| The model of care provided by the NT health department had “floundered”, McKinlay said. At the time of Fulton’s release he lobbied for her to be moved to a secure care facility but said his requests were dismissed by Lambley and the health department. Those concerns have now borne out, he said. | The model of care provided by the NT health department had “floundered”, McKinlay said. At the time of Fulton’s release he lobbied for her to be moved to a secure care facility but said his requests were dismissed by Lambley and the health department. Those concerns have now borne out, he said. |
| “[The department’s plan] was meant to be a 24/7 supported accommodation model, which in my view was flawed,” said McKinlay. | “[The department’s plan] was meant to be a 24/7 supported accommodation model, which in my view was flawed,” said McKinlay. |
| “It had daytime support with a support worker available, but she was left to herself during the night. Her conditioned behaviour saw her going out and getting alcohol and the usual stuff. It’s the only lifestyle she knows.” | “It had daytime support with a support worker available, but she was left to herself during the night. Her conditioned behaviour saw her going out and getting alcohol and the usual stuff. It’s the only lifestyle she knows.” |
| McKinlay said the model of care overestimated Fulton’s ability to learn from consequences and act within boundaries. When Fulton acts out under stress or frustration, it often results in minor liquor offences and sometimes minor assault offences. | McKinlay said the model of care overestimated Fulton’s ability to learn from consequences and act within boundaries. When Fulton acts out under stress or frustration, it often results in minor liquor offences and sometimes minor assault offences. |
| “She was just set up to fail in my view,” he said. | “She was just set up to fail in my view,” he said. |
| “The NT health department … is just simply abandoning her and putting in some tokenistic effort and has gone to ground.” | “The NT health department … is just simply abandoning her and putting in some tokenistic effort and has gone to ground.” |
| McKinlay maintained his original plea for a comprehensive positive behavioural methodology to treat her, working intensively in a mandatory treatment centre before transitioning into different kinds of therapy. He said it would be cheaper in the long run due to the overwhelming success of the program. | McKinlay maintained his original plea for a comprehensive positive behavioural methodology to treat her, working intensively in a mandatory treatment centre before transitioning into different kinds of therapy. He said it would be cheaper in the long run due to the overwhelming success of the program. |
| Related: Jailing four not-guilty Indigenous men with disabilities 'breached human rights' | Related: Jailing four not-guilty Indigenous men with disabilities 'breached human rights' |
| McKinlay also noted Fulton was not the only person in the NT in this situation, and said two of four men with disabilities who were jailed without charge are now back in detention. The Human Rights Commission in 2014 found the government had breached the men’s human rights. | McKinlay also noted Fulton was not the only person in the NT in this situation, and said two of four men with disabilities who were jailed without charge are now back in detention. The Human Rights Commission in 2014 found the government had breached the men’s human rights. |
| McKinlay accused the NT government of being “addicted to prison” as a way to deal with high welfare needs cases. | McKinlay accused the NT government of being “addicted to prison” as a way to deal with high welfare needs cases. |
| John Elferink has since taken over the health portfolio from Lambley, and shares adult guardianship for Fulton with McKinlay. He is also the attorney general and minister of portfolios include justice, disability services, mental health services and corrections. He has been contacted for comment. | John Elferink has since taken over the health portfolio from Lambley, and shares adult guardianship for Fulton with McKinlay. He is also the attorney general and minister of portfolios include justice, disability services, mental health services and corrections. He has been contacted for comment. |
| McKinlay expressed concern at the prospect for a conflict of interest in cases like Fulton’s, particularly if legislation set to go before the NT parliament is passed. | McKinlay expressed concern at the prospect for a conflict of interest in cases like Fulton’s, particularly if legislation set to go before the NT parliament is passed. |
| The guardianship of adults bill seeks to make fundamental changes to the way adult guardianships are run, including moving the office of the public guardian under the justice portfolio, but retaining staff from the health department. | The guardianship of adults bill seeks to make fundamental changes to the way adult guardianships are run, including moving the office of the public guardian under the justice portfolio, but retaining staff from the health department. |
| It also seeks to establish two-year jail terms for unlawful disclosure of information about a ward. McKinlay claimed this would effectively outlaw the advocacy he and others have conducted on behalf of Fulton, and which got her released from the WA prison. | It also seeks to establish two-year jail terms for unlawful disclosure of information about a ward. McKinlay claimed this would effectively outlaw the advocacy he and others have conducted on behalf of Fulton, and which got her released from the WA prison. |