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Northern Territory 'passing the buck' on jailed Roseanne Fulton Northern Territory 'passing the buck' on jailed Roseanne Fulton
(2 days later)
Advocates for a mentally impaired woman who has spent 18 months behind bars in Western Australia, despite never being convicted of a crime, say the Northern Territory government is trying to “pass the buck” on her case.Advocates for a mentally impaired woman who has spent 18 months behind bars in Western Australia, despite never being convicted of a crime, say the Northern Territory government is trying to “pass the buck” on her case.
Roseanne Fulton, who suffered from foetal alcohol syndrome, was charged with driving offences in Western Australia, but was found unfit to plead or face trial, and was passed into the care of the state’s Mentally Impaired Accused Review Board.Roseanne Fulton, who suffered from foetal alcohol syndrome, was charged with driving offences in Western Australia, but was found unfit to plead or face trial, and was passed into the care of the state’s Mentally Impaired Accused Review Board.
It determined that Fulton, 24, would be a danger to herself if released, and placed her in a Kalgoorlie prison until more suitable accommodation could be found.It determined that Fulton, 24, would be a danger to herself if released, and placed her in a Kalgoorlie prison until more suitable accommodation could be found.
Since her story was exposed by the ABC’s 7.30 program, a petition to have Fulton placed in the care of disability support services in Alice Springs had attracted close to 80,000 signatures. Since her story was exposed by the ABC’s Lateline program, a petition to have Fulton placed in the care of disability support services in Alice Springs had attracted close to 80,000 signatures.
On Thursday, the Northern Territory attorney-general, John Elferink, told The Guardian Australia Fulton’s case was not his government’s responsibility.On Thursday, the Northern Territory attorney-general, John Elferink, told The Guardian Australia Fulton’s case was not his government’s responsibility.
“There are no extradition arrangements between Western Australian and the Northern Territory for people who are essentially wards of the state,” he said. “It’s up to Western Australia to release her.”“There are no extradition arrangements between Western Australian and the Northern Territory for people who are essentially wards of the state,” he said. “It’s up to Western Australia to release her.”
He repeated the comments on the ABC’s Lateline program on Thursday night.He repeated the comments on the ABC’s Lateline program on Thursday night.
But advocates for Fulton, including her legal guardian, Ian Mckinlay, said Elferink’s comments were “passing the buck”.But advocates for Fulton, including her legal guardian, Ian Mckinlay, said Elferink’s comments were “passing the buck”.
“She was placed in Western Australia by the Northern Territory health department, and she remains an adult guardian client of the Northern Territory health minister, jointly with me,” Mckinlay said. “So she’s directly under the guardianship of the Northern Territory minister for health.”“She was placed in Western Australia by the Northern Territory health department, and she remains an adult guardian client of the Northern Territory health minister, jointly with me,” Mckinlay said. “So she’s directly under the guardianship of the Northern Territory minister for health.”
Fulton could not be transferred from her Kalgoorlie prison cell until West Australian authorities were convinced she would receive proper support elsewhere.Fulton could not be transferred from her Kalgoorlie prison cell until West Australian authorities were convinced she would receive proper support elsewhere.
Western Australia did not have any supported accommodation facilities suitable for her, which was why she remained in prison. Her advocates wanted her moved closer to her home in Alice Springs, but the Northern Territory health department had so far refused to offer her supported accommodation.Western Australia did not have any supported accommodation facilities suitable for her, which was why she remained in prison. Her advocates wanted her moved closer to her home in Alice Springs, but the Northern Territory health department had so far refused to offer her supported accommodation.
“The Northern Territory health department is just saying no,” Mckinlay said. “The health minister refuses to even discuss this case with me. She has not responded to any requests.”“The Northern Territory health department is just saying no,” Mckinlay said. “The health minister refuses to even discuss this case with me. She has not responded to any requests.”
Fulton was previously promised a place in a secure care facility near her home in Alice Springs, but the Northern Territory health department withdrew the offer, fearing she would be incompatible with some of the centre’s male clients.Fulton was previously promised a place in a secure care facility near her home in Alice Springs, but the Northern Territory health department withdrew the offer, fearing she would be incompatible with some of the centre’s male clients.
The Aboriginal Disability Justice Campaign said as many as 30 indigenous Australians were languishing in prison, despite never facing trial, because no alternative accommodation existed.The Aboriginal Disability Justice Campaign said as many as 30 indigenous Australians were languishing in prison, despite never facing trial, because no alternative accommodation existed.
“Preventative detention seems to have become the fall-back position for governments that aren’t prepared to step up to the plate and address squarely and effectively the challenge of dealing with foetal alcohol syndrome disorder and mental health issues in the community,” said Patrick Keyzer, a law professor at Bond University.“Preventative detention seems to have become the fall-back position for governments that aren’t prepared to step up to the plate and address squarely and effectively the challenge of dealing with foetal alcohol syndrome disorder and mental health issues in the community,” said Patrick Keyzer, a law professor at Bond University.
“[State] governments are incarcerating people because they’ve failed to build and fund secure psychiatric facilities,” he said. “They need to build and fund those facilities, and the commonwealth government, which has the power to implement Australia’s international human rights obligations into domestic law, should do precisely that.”“[State] governments are incarcerating people because they’ve failed to build and fund secure psychiatric facilities,” he said. “They need to build and fund those facilities, and the commonwealth government, which has the power to implement Australia’s international human rights obligations into domestic law, should do precisely that.”
The chairman of Western Australia’s Mentally Impaired Accused Review Board, Robert Cock, would not comment on specific cases, but said the board managed a number of people “whose care might … be better managed in another jurisdiction, and actively seeks to facilitate their repatriation to that more appropriate place, but has no powers of compulsion to achieve that outcome”.The chairman of Western Australia’s Mentally Impaired Accused Review Board, Robert Cock, would not comment on specific cases, but said the board managed a number of people “whose care might … be better managed in another jurisdiction, and actively seeks to facilitate their repatriation to that more appropriate place, but has no powers of compulsion to achieve that outcome”.
Meanwhile, Fulton remained in legal limbo, waiting on the West Australian and Northern Territory governments to find her a new home.Meanwhile, Fulton remained in legal limbo, waiting on the West Australian and Northern Territory governments to find her a new home.
The Northern Territory health department was repeatedly contacted for comment.The Northern Territory health department was repeatedly contacted for comment.
• This article was amended on 17 March. The original version said the story was broken by ABC’s 7.30 program.