Access to Justice for People With Disability in Australia: A Systematic Review

ABSTRACT

People with disability face persistent inequities in accessing justice. This systematic review synthesised evidence on what facilitates and impedes access to the justice system for people with disability in Australia, focusing on the little studied area of civil and administrative law. There were 47 peer‐reviewed papers included, most of which focused on interactions between people with disability and the criminal justice system. Of the included studies, eight specifically related to civil or administrative law, and these focused on psychosocial or cognitive disability. People with disability were found to face confusing processes, limited procedural fairness, constrained autonomy, and communication barriers, and were often framed as lacking capacity or credibility. Accessibility accommodations were rarely reported. Consequences included stress, distress, and trauma, perceived injustice, and barriers to appeal and meaningful participation. Person‐centred assessments, advocacy and accessible information, as well as co‐design and engagement practices were potential facilitators of access to justice. The evidence base on access to civil and administrative justice is limited and provides constrained guidance on effective practice. Future research should prioritise the voices of people with disability and articulate evidence‐based recommendations for systemic reforms.