Submission 49 — Blue Knot Foundation — Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

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Your submission

In sharing your experiences with us, you may find the following questions a useful starting point.

What would you like to share with the Royal Commission?

Have you shared these experiences with anyone before? Who did you tell and what happened?

National Counselling and Referral Service (NCRS) is a phone and online service supporting people affected by the Disability Royal Commission (DRC). It provides emotional support to people with disability who have experiences of violence, abuse, neglect and exploitation. It commenced work with closed institutions in February, 2021, initially in Queensland. This work has been solely in Correctional Centres to date.Since then, NCRS had provided over 500 private booked counselling sessions of up to an hour each, with inmates in Correctional Centres within QLD, SA, NT and WA.

In Australia, as is recognised globally, complex trauma experiences i.e. repeated violence, abuse, neglect and exploitation are far more common among prisoners than in the general population. Complex trauma is associated with mental and physical health impacts, substance misuse, relationship breakdown and patterns of violence including experiences of being repeatedly vicitimised and perpetration of violence including criminal activity. Our counselling work every day highlights the substantial trauma to which many if not all inmates have been exposed, both in childhood and before incarceration and sadly also within the system.

In almost all calls with people in prison, it is quickly apparent that the caller has experienced repeated ongoing and often horrendous complex trauma usually from childhood. We note that many of our callers have also developed and utilised extreme coping strategies to survive as best they can. These coping strategies have often meant

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that the person has been incarcerated within the criminal justice system, and often repeatedly so. The system in which they are incarcerated often labels them in an ongoing way, and does not recognise their coping strategies or their reasons for using them.

The reality is that people with experiences of repeated trauma often have challenges regulating their levels of arousal, emotional highs and lows and distress. Often their nervous systems are on high alert e.g. an inmate who has been abused and who is approached from behind, is readily startled and has a strong violent reaction. This is a biological trauma response, which if not understood, is ‘managed’ with a punitive response. The effect of a heightened response on a person who is already heightened is escalation. Alternatively, people who have experienced repeated trauma can also be shut down, withdrawn or dissociated, and may be perceived to be uncooperative or resistant, rather than experiencing a ‘shut down’ trauma response. The reality is that traumatised populations such as those within Correctional Centres can cycle between hyper and hypo arousal repeatedly. If the person experiencing these fluctuating levels of arousal as well as the system in which they are detained and the staff working with it do not recognise them, it has difficult for ‘challenging behaviours’ to actually shift. The NCRS team provides psycho-education to inmates which helps them understand their nervous systems and their reactions, and provides them with strategies to help them self-soothe, ground themselves or come back into the present when they are dissociated. These strategies and knowledge are critical in helping to break the cycle of triggering and escalation. We strongly believe that a similar understanding would be important also for all staff within Correctional Centres and the system itself, to foster the creation of a trauma-informed system, as a basis for rehabilitation and pathways out of the system. We have heard that some inmates are actively seeking support to change their behaviour from within the system e.g. when they have been imprisoned for breaching DVO etc. They want to receive proactive informed support before they leave prison, through evidence-informed domestic violence programs, and not just resilience or parenting programs which don’t have the rigour to drive behavioural change. Many inmates tell us that they want to make sure they don’t repeat their violent behaviour once they’re out “I don’t want to be back in here for this”. They want to develop a better understanding of their trauma and its effects including the entrenched cycle of abuse and violence. Many express a strong motivation to want to learn how to walk away and make choices other than violence. We repeatedly find the psycho-education we provide shows people, often for the first time, that their violent behaviour can be understood at its core, and is related to their own past experiences. In effect although the act which saw them incarecerated was committed by them, in a fundamental sense this is not their fault — they are not fundamentally evil.

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Many inmates we speak to are starting to articulate hope for the future e.g. wanting to pursue counselling once they’re released. This hope is more pronounced in counselling calls with people in prisons than with other calls to the NCRS. The inmates also know that they want trauma-informed counselling, and the level of safety and understanding it evokes. They stress that this is different to the psychological support that they’ve generally had in prison. They often comment that the NCRS treats them like they’re human beings and this is a rare experience for them. They note how helpful the trauma informed approach of “what happened to you?” is rather than a traditional one which asks the question of “what’s wrong with you?” which they have often received over decades and which is reinforced within systems, including in prison.

For many, the prison system is re-traumatising “please don’t think we’re being rehabilitated in here”. Our counsellors hear chilling stories of brutality within the system. We are humbled by the trust inmates place in us but disturbed by the repeated assertions of Inmates that they need to put their defences up as soon as the call finishes. This is because of a fear that if they display any vulnerability like they do on the call it could potentially expose them to additional victimisation within the system. This in many cases is not simply a fear but a prior and repeated experience.

The NCRS team sees the lack of trauma-informed understanding within the system as a barrier to providing what could be life-changing service rather than what it often becomes, a revolving door. This parallels the barriers people with disabilities experience. To explain this further… if a service only has written material available, a person without vision is excluded from that service; if a service is on the second floor with no lift, a person who uses a wheelchair or has other mobility issues is excluded from that service; likewise, if a service is not trauma-informed, people living with trauma impacts are excluded from that service, as they are unable to develop the level of safety and trust needed to begin to heal and, in this context, for positive behaviour change.

The NCRS team unanimously wanted to to put this submission in to the DRC because of the work we have been doing in Correction Centres and the commonality of themes. For this reason we are sharing just a few of the distressing stories we have been hearing. Sadly they are becoming par for the course within the counselling calls we with provide to people in prisons. The following collection of stories shed light on but a few of the experiences people in prisons have courageously shared with us.

We have deidentified these stories due to risks to the safety of those of sharing these stories while incarcerated. All of these are stories of people who have survived trauma and abuse and are living with disability. All of the stories included here occurred within Correctional Centres.

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The following are the essence of the narrative of incarcerated people in . We anticipate that they are representative and ask that their voices and experiences be acknowledged and heard: 41- The experiences of J: An accident within the correctional centre caused J to experience chemical poisoning. He coughed up blood and had severe headaches and chest pains, etc. No action was taken by the correctional centre to provide any medical attention or investigate the incident. The experiences of A: Sessions with prison psychologists caused A to believe that having psychological support is more harmful than helpful. A described a recent experience with the prison’s psychologist in which he disclosed his regrets around his offending. A told the psychologist that he could see how misguided he was to believe conspiracy theories and to be taken in by a political ideology that was backward and only caused grief and pain. The psychologist told A that he didn’t believe what he was saying was true and that he was being manipulative. Since that conversation A had become more guarded and vulnerable in sessions. The final report stated that A was not genuine in stating that he had turned away from his offences and also that he had “become more guarded in later sessions”. A felt let down by this report and was completely unable to question it as there was no “right of reply”. This was because the psychologist was seen as the expert. -II- The experiences of M: M experienced physical and sexual assault in prison but it was never followed up or investigated. 41- M reflected how his anxiety and bulimia increased as a result of being in prison — M reflected that the prison’s mental health support is far from trauma-informed or trauma aware. He also reflected that disclosing symptoms or struggles does more harm than good. 41- M reported that he was not allowed to collect his despite them being delivered. M’s traumatic brain injury was often ignored, dismissed or shamed by prison staff. Additionally his symptoms of the brain injury such as his slurred speech was not accepted as part of his disability, but rather a reflection of having taken another inmate’s drugs. 41- The experiences of R: R reflected on the profound impact on prisoners’ mental health by being kept in Maximum Security Units for years at a time. This could occur with little to no access to mental health supports. R stated that suicide and self-harm are very common for inmates in maximum security units despite 24-hour surveillance. R feared retribution for speaking to DRC. He was concerned that he could never be certain that the calls were confidential and felt unsafe to speak with DRC because he had previously been punished for making a complaint. R’s reflected on DRC process and hoped it brought about change for himself and others. He reflected on the experience of being incarcerated and recognised that correctional centres are not a place of rehabilitation that offers another path, “This model is not working”, “This is not rehabilitation”, “I don’t think the general

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population knows that men who are suicidal are locked in maximum security units for years and suffer from mental health issues“

  • R reflected on his counselling experience with a trauma-informed counsellor on the NCRS and its difference from prison counselling. R reports that counselling in prison is not private or confidential. Counsellors are dressed as prison guards and this can be very triggering, affecting the ability to trust and feel safe due to the power dynamic with the guards.

  • R reflected on his trauma-informed counselling process - “chance to be in spaces can’t usually be in; “I feel recharged for a few days of the sessions”, “I learn new things”, “we need more services like these within the prison system” -,“ it has a positive impact“. R reported feelings of betrayal and disappointment with a recent review of his stay in the maximum-security unit with an external psychologist - R had been transparent about his history of crime and his motivations - written report which was in the public domain and comments made by R were used in ways that further ‘degrade and denigrate’ him. R observed a prisoner with severe mental health issues being put in isolation rather than being provided with support. R reported that after release from “protective” isolation (maximum security unit), the prisoner hung himself. The experience of E: E reported that she is currently withdrawing from nicotine and does not have access to any Nicotine Replacement Therapy within the prison. The experience of S: S was sexually assaulted by a female cellmate after being in prison for two weeks. she was bullied for reporting it and it took a while for her to move cells; S reported that a potential mistake was made in putting her in a cell with the woman who assaulted her as that woman had assaulted previous cellmates in the past. The sexual assault triggered past traumas at age 11, DV in adulthood).

  • The experience of ME: noted how his and others’ experience of internal correctional centre counsellors feels like a “fact-finding mission” with counsellors who betray trust and that this, “burns that bridge for that person”. This means that people are unwilling to engage in psychological supports. The story of had been in and out of prison for 31 years and has now been released once again. Attached to this submission are two recorded conversations with R reflecting on the trauma of his childhood sexual abuse at the age of 12, his drug and alcohol use and the illegal behaviours that have contributed to the years in and out of prison. He reflects on how his journey might have been different in terms of healing and rehabilitation if he had received trauma-informed support when he was a child as well as when he was within the correctional system.

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Is there anything else you would like to tell us?

Are there any suggestions or recommendations you would like to share?

We strongly believe that given the prevalence and stakes of trauma experiences, the legal and justice system overall would substantially benefit from the implementation of a trauma-informed change process, across all domains of the system and at all levels incorporating all personnel. This would ideally be supported by a range of resources to enhance psycho-education and understanding, as well as trauma-specific counselling for people experiencing often cumulative trauma past and present.

The current lack of trauma-informed understanding within the system is a barrier to fostering opportunities for behavioural change and rehabilitation. The reality is that many people who engage with the legal and justice system have experiences of trauma, often repeatedly so, and often from childhood which feeds cycles of violence and criminal justice responses. This often occurs without an understanding of the core issues of trauma and enabling strategies to support healing and de-escalate spiralling crises, and repeated convictions and custodial sentences. Sadly our experience speaking with callers within the prison system is of repeated experiences of trauma both within and outside of the system. rehabilitating and life-changing service rather than what often becomes, a revolving door. We strongly recommend a comprehensive review of the system informed by national and international best practice — from research, lived experience and practice to understand what works and what doesn’t with an iterative process for implementation over time.

Within this process the voices of people living with disability and with trauma experiences must inform the change process. It is a process of training over time but also conducting a walkthrough of the system mapping each domain against trauma-informed principles, to recommend a stepwise transformational change process. People living with disability and often cumulative trauma experiences struggle with feeling safe, building trust and having the tools to regulate their often strong physiological reactions. They need the knowledge, tools and skills for change, as well as support and belief, which they have found in out service. This is not an easy fix but one which

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necessitates considerable reflection and time to support those with lived experience as well as those supporting them and engaged in different roles within the system, to change perception, practice and approach. Only a system which is fundamentally trauma-informed will be able to create safety for all, reduce the stress on the system, and be truly rehabilitative. Just as people who have experience trauma need the time, resources and validation to heal so too does the system.

In a few sentences, what would you like to tell our nation about your hopes for the future?

We hope to see a justice system in which the needs of people within the system are understood in the context of their lived experience, and which provides them with trauma­ informed pathways to rehabilitation and healing.

Would you like to provide supporting material?

Yes, 2 video conversations are attached.

If you answered yes, please scan and attach your file(s) along with this form.

If you would like assistance to attaching your files, please contact the Royal Commission by calling 1800 517 199 or emailing DRCEnquiries@royalcommission.gov.au.

Neta Fleiderman

NCRS Manager

National Counselling and Referral Service -Disability

Blue Knot Foundation

T: 1800 421 468 I E: NFleiderman@blueknot.org.au

W: www.blueknot.org.au      I  Ill  II   1111 a  Cl

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