Disability Justice Project
Cultural and Linguistic Diversity (CALD), Cognitive Disabilityand the Justice System
FACILITATOR’S GUIDE
This training package that will require the following resources:
1. / Laptop
2. / Projector
3. / Whiteboard
4. / PowerPoint Presentation
5. / Participants Manual (one for each participant)
6. / Copies of:
- Video clips and audio files
7. / Whiteboard Markers
8. / Butchers Paper
9. / Textas/ Marker Pens
10. / Bluetac
11. / Speakers
12. / Pre and Post Evaluations
Prior to facilitating this training, facilitators must read the Participant Handbook in addition to this Facilitator’s Guide and the PowerPoint Slides.
Please also test your technology!
TRAINING PLAN
Course Duration: 1 day: 9.30 am- 16.30 pm
Time / Topic/Learning Outcome / Slide/ content / Resources / Notes /9.00 / Setup / Check technology
Handout of pre evaluations and workbooks
Direct people to Page 4 to write down their expectations / All technology
Workbooks
Pre evaluations
Slide: 1 / Pre evaluations may have been done online already?
09:30 – 09:45 / Welcome
Learners will:
Be informed of logistics and scope of session
Be provided with a general overview of the course content and expected outcomes of the training / Acknowledgement of Country
Housekeeping
About DJP
Expectations
Today’s Program
Learning Outcomes / Slides: 2-7
Participant Manual pages: 1-4
Whiteboard or butchers paper for expectations / Acknowledgement of Country: unless there is an Aboriginal or Torres Strait Islander person who can either do welcome to country. Also, know which country you are on!
More info on DJP on Page 2 of the Manual
Expectations: get people to share their expectations (If you want to you can do this with individual post it notes or any other way you usually manage expectations)
Be clear on what is within scope and outside scope of the day; write them down; link to Todays’ program and expected Learning Outcomes.
9:45-10:00 / Introductions
Learners will:
Undesrstand he idea of diversity based on country of origin (of ancestry) or country of birth (of self) / Introductions / Slides: 8+9
Participant Manual: Page 5 / As a little warm up/ ice breaker to introduce the diversity of people in the room, you might like to ask people whether they think the diversity in the room reflects the diversity in Australia at large
This exercise can be done in different ways. Y you can move people physically into continents or you can direct people to their Handbook page 5 where they can mark the places people come from on their Peters Map (make sure you have read the bit about the Peters Map so you can explain the map to people).
TheGall–Peters projectionis a rectangularmap projectionthat maps all areas such that they have the correct sizes relative to each other. Like anyequal-area projection, it achieves this goal by distorting most shapes. The projection is a particular example of thecylindrical equal-area projectionin that it sets latitudes 45° north and south as the regions on the map that have no distortion.
10.00 – 10:15 / First People First
Learners will:
Develop an appreciation that acknowledgement of the importance and role of First Peoples must be the starting point of any conversation about cultural diversity in Australia / First People First / Slide 10: Video excerpt from Babakiueria
Participant Handbook: Pages 6+7
Sound / In Australia, no workshop or course on cultural diversity and working alongside people from culturally and linguistically diverse (CALD) backgrounds can be run without first acknowledging and recognising the centrality of Aboriginal and Torres Strait Islander people as the first Nations people.
As a facilitator you may like to make the link between the satirical presentation of first colonisation in the video excerpt and the powerful words from the Uluru statement.
We, gathered at the 2017 National Constitutional Convention, coming from all points of the southern sky, make this statement from the heart:
Our Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs. This our ancestors did, according to the reckoning of our culture, from the Creation, according to the common law from ‘time immemorial’, and according to science more than 60,000 years ago.
This sovereignty is a spiritual notion: the ancestral tie between the land, or ‘mother nature’, and the Aboriginal and Torres Strait Islander peoples who were born therefrom, remain attached thereto, and must one day return thither to be united with our ancestors. This link is the basis of the ownership of the soil, or better, of sovereignty. It has never been ceded or extinguished, and co-exists with the sovereignty of the Crown.
You might want to direct people to some of the DJP resources and point out that one of the consequences of the colonisation and dispossession is the overrepresentation of Aboriginal and Torres Strait Islander people in jail, and particularly Aboriginal and Torres Strait Islander people with cognitive disability. DJP has run several courses and has resources on its website in relation to this specific issue.
10:15-10:45 / Working with Diversity
Learners will:
Explore diversity as beneficial and as challenging / Working with Diversity
A peacock in the Land of Penguins
Ways of seeing / Participant Handbook: Page 8
Slide 11-12: Video The Peacock in the land of Penguins
Sound
Whiteboard
Slide 13: Ways of seeing / Start this off by directing people to page 8 of their workbook and give them 5 minutes to think about the questions and write some reflections down.
After 5 minutes ask them to turn to their neighbour and each share one observation.
After 2 minutes bring everyone back to the group and share some positive and negative experiences
Show video and discuss afterwards. Questions might include: how can we get the most out of diversity? How does that work/ or not work in your workplace? What stops diversity from being a benefit?
Show Slide 13: With the value of diversity we can see a similar shift to what we have seen in relation to people with disability. A shift from disability to ability, from being depended on welfare to being worth the investment, a shift from can’t do to can do.
Such an approach does not deny that there are issues that need to be dealt with and that diversity can cause difficulties, but properly supported and understood it can significantly contribute to us all.
If people want to know more about diversity direct them to the resources section of the Handbook.
10:45– 11:15 / Asylum Seeker, Refugee or Migrant?
Learners will:
Learn the differences
Learn about what Australia is doing in this area / Asylum Seeker, Refugee or Migrant? / Participant Handbook: Page 9
Slides: 14-21 / Direct people to page 9 of the handbook and ask them to work together with one (or more) other person to come up with what distinguishes asylum seeker from refugee from migrant. Ask people to write it down.
Then go through the slides. Those slides are also available in the resources section of the Handbook
11:15-11:30 / Morning tea / Cuppa / Slide 22
11:30-11.45 / Migrants/Refugees with disability
Learners will:
Understand some the difficulites and issues expereinced by refugees and migrants with disability wanting to come to Australia / Migrants/Refugees with disability
UNCRPD & key issues affecting refugees and migrants with disability / Slide 23: Video Deporting Disability
Sound
Slide 24: UNCRPD and key issues / The video focuses on migrants not refugees. However both refugees and migrants with disability are subjected to a health assessment and essentially people are seen as a burden on society if their estimated support costs are at a certain level. This clearly flies in the face of the rhetoric of for example the NDIA, which talks about investing in people and people having potential to contribute to society.
Irrespective of this, Australia’s practice in relation to people with disability appears to be a clear breach of the UN Convention
11:45-12:30 / Who are we talking about?
Learner will:
Learn about the different defintions
Learn about some of the key issues in relation to CALD, disability and ciminal justice / Who are we talking about?
Key justice system issues for CALD communities
People from CALD communities with cognitive disability and criminal justice / Slides 25-28
Participant Handbook:
Pages 10-14 / Use the handbook pages 10-14 to guide people through the definitions and numbers for
CALD
LOTE (Language other than English spoken at home)
(Note that most people do not use NESB anymore because it only focuses on language, but also that CALD means really everyone but in the Australian context it means everyone who is not from an Anglo-Australian/ Anglo- Celtic background).
Detailed census data from the 2016 census is not yet available but what we do know is that Australia is becoming more, not less, diverse.
Key issues relating to the justice system for CALD communities are on slides 26+27. Be prepared for a discussion about ethnic profiling of police, or perceptions about offending in particular cultures. This is where assumptions and blind spots are popping up. Ask key questions: How do we know this? Who says so? What is the evidence?
Finally, in relation to people from CALD with disability and criminal justice system, direct people to page 13 and 14 of the handbook.
There is no publically available data on this population group
For the purposes here, we have asked Eileen Baldry one of the authors of one of the key reports into this issue (Baldry, E. Dowse, L. and Clarence, M. (2012)People with intellectual and other cognitive disability in the criminal justice system; Sydney, University of New South Waleshttps://www.mhdcd.unsw.edu.au/)to share what they know from the available data from a cohort of 2,731 individualswho have been in prison in NSW.
However, this information is to be treated withutmostcautionbecause it is not representative and can be used asan indicator only.
In that research 16% of the cohortisidentified ascoming from a CALD background(note definitions of CALD differ across data sets compared),has similarly high levels of mental and cognitive disability as others in the cohortand the top 4 communities represented are:
· Vietnam
· Lebanon
· Fiji
· Samoa
(Please note that this data is not correlated back to population data and therefore it is not clear whether certain communities are over or under represented in that data set.)
12:30-13.00 / Awareness tests
Learners will:
Experience their own blind spots / No title / Slide 29 Video Awareness test 1
Slide 30 Video Awareness test 2 / Don't worry too much about introducing the video first. Get straight into it
Make sure the light is off as the quality of the first video is not great.
Tell people to follow the instructions and watch carefully
Point out to those people who have seen this video to not give it away
Sometimes I stop the video before the answer, sometimes I just let it run
Also some people will need to see it a couple of times … You might need to stop when the ‘Moonwalking Bear” is at the centre
Then have a discussion and then show the second video
Most people will now see the Gorilla but most people will miss the other stuff
They might also make an assumption that they would have gotten it if we had used the ‘clearer’ version as the first video
Point is: When you expect something, you see something
When you follow instructions, you might miss the obvious, you miss the “Moonwalking bear/ Dancing Gorilla”
What does that mean when we work with people from CALD communities with cognitive disability who are in trouble with the law?
Ask people to think/ discuss over lunch how we can ‘open our minds to the moonwalking bear/ Dancing Gorilla”
13:00-13:30 / Lunch / Slide 31
13.30-14.15 / Assumptions
Blind spots
Unconscious Biases
Learners will:
Explore their own biases and assumptions
Understand assumptions, biases and blind spots as part of the human condition
Learn techniques to bust their own assumptions and biases / Assumptions
Blind spots
Unconscious Biases
Unconsious Biases
The Doll Test
.. and what do I do with my assumptions, blind spots and unconscious biases? / Slide 32
Participant Handbook: Page 15
Slide 33: Video Unconscious Biases
Participant Handbook: Page 16
Slide 34 (video- The Doll Test)
Slide 35 / Come back from lunch and discuss what people have thought about /discussed in relation to the Moonwalking Bear/ dancing Gorilla awareness tests
Direct people to page 15 of the handbook and then give people 2 or 3 minutes to do the activity.
Draw a circle on whiteboard (drawing a circle is challenging; you might like to practice beforehand ;-)
Then go through the exercise together with everyone:
If the circle represents all knowledge:
· The slice of what we know (thin slice)
· The slice of what we know that we don't know (a bigger slice)
· The rest, this is the bit we don't know what we don't know!