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Victorian Equal Opportunity & Human Rights Commission (2009) states: Human rights are the foundation for freedom, justice, peace and respect, and are an essential part of any democratic and inclusive society that respects the rule of law, human dignity and equality … Human rights are about recognising and respecting the dignity of other people, which includes the right to a fair trial. Unfortunately, many mental health and legal professionals are unaware that their client has a communication disorder and/or do not have access to speech pathology support to ensure their client can fully participate in trial proceedings. In Section 25 (‘Rights in criminal proceedings’) Part (2), the Charter of Human Rights and Responsibilities Act 2006 states: A person with a criminal offence is entitled without discrimination to the following minimum guarantees: a) to be informed promptly and in detail of the nature and reason for the charge in a language or, if necessary, a type of communication that he or she speaks or understands; and b) to have adequate time and facilities to prepare his or her defence and to communicate with a lawyer or adviser chosen by him or her; and c) …to have the free assistance of assistants and specialised communication tools and technology if he or she has communication or speech difficulties that require such assistance. Providing this support to the clients who need it will not occur if the professionals working with them are not aware of their difficulties and need for support. Therefore, it seems fair to suggest that the human rights of many juvenile offenders and mental health clients are being violated unintentionally. This is a good reason for professionals in the mental health and forensic areas to consider speech pathology input for their clients. However, concerned professionals need professional development and education in this area. Due to their specialisation in understanding communication impairment, its consequences and appropriate intervention, speech pathologists are in a prime position to take on the role of educating professionals in the areas of forensic and mental health and advocating for the clients within these settings. Speech pathologists can take on many roles in mental health and forensic settings. These include: • routinely screening for language impairments in clients presenting with behavioural, emotional, and psychiatric problems (Fujiki et al., 2004; Snow, 2008); • providing consultation to professional teams regarding a child’s communication skills and developmental level, to help inform appropriate diagnoses and management (e.g., visual prompts, social stories, simple language) (Gallagher, 1999; Russo, 2004; Toppelberg & Shapiro, 2000; Westerlund, Bergkvist, Lagerberg, & Sundelin, 2002; Zadeh et al., 2007); • providing opportunities for and facilitating social connections for children and families (Australian Research Alliance for Children & Youth, 2008); • enhancing resilience of children and families, and their ability to problem-solve and cope (Australian Research Alliance for Children & Youth, 2008); • facilitating treatment that targets social skills training (e.g., social skills groups), language of feelings, and self-talk (Giddan & Milling, 1999; Gilmour et al., 2004);

• engaging in public health advocacy regarding the importance of oral language competence (Snow, 2009; Snow & Powell, 2004); • providing speech-language therapy to improve behaviour and socialisation (Gilmour et al., 2004; Girolametto, Steig Pearce, & Weitzman, 1996; Robertson & Weismer, 1999); • participating in and providing support for restorative justice programs enhancing parental knowledge about child and youth development; • enhancing nurturing, attachment, and early bonding between children and caregivers (Australian Research Alliance for Children & Youth, 2008); and • developing, facilitating, and participating in promotion, early intervention and prevention programs concentrating on the communication problems, particularly in neglected and maltreated children (Snow, 2009; Sylvestre, Payette, & Tribble, 2002). Some ideas for acting locally include: • input at clinical reviews (case discussions) and participation in working parties and focus groups; • development of resources in your workplace (e.g., visual plans); • provision of professional development to colleagues and community settings, e.g., Children’s Court clinic, correctional facilities, Department of Justice, Disability Forensic Assessment & Treatment Service, Regional Mental Health Services, Victoria Police, Victorian Institute of Forensic Mental Health, and Youth Justice; • undertaking research and postgraduate study; • participating in policy writing and development; • presenting at relevant conferences, e.g., Forensic Psychology, Australian & NZ Association of Psychiatry, Psychology & Law, and Forensic Disabilities; and • lobbying to local members of parliament for increased funding to this area. Hopefully, in time, awareness will be increased, more research done, and policies changed so that we may, one day, see the communication-impaired juvenile offender in a police interview room or legal proceeding not only with their lawyer but also with their speech pathologist, sitting by to provide them with the prompts and cues required to maximise communicative effectiveness and the client’s subsequent fair participation in the legal system’s processes. References Australian Research Alliance for Children & Youth. (2008). Submission to the Australian Government’s Australia 2020 Summit. http://www.aracy.org.au/AM/Common/pdf/2020_ Summit-ARACY_Submission-Childrens_needs_should_top_ the_national_agenda.pdf Baltaxe, C. A. M. & Simmons, J. Q. (1988). Communication deficits in preschool children with psychiatric disorders. Seminars in Speech and Language , 9 , 81–90. Benner, G. J., Nelson J. R., Epstein M. H. (2002). Language skills of children with EBD: A literature review. Journal of Emotional and Behavioral Disorders , 10 (1), 43–59. Cantwell, D. P., & Baker, L. (1991). Psychiatric and developmental disorders in children with communication disorders . Washington, DC: American Psychiatric Press. Charter of Human Rights and Responsibilities Act 2006. Section 25: http://www.austlii.edu.au/au/legis/vic/ consol_act/cohrara2006433/s25.html ; entire Act: http:// www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/ PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/54 D73763EF9DCA36CA2571B6002428B0/$FILE/06-043a.pdf

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ACQ uiring knowledge in speech, language and hearing