02 October 2018

When your disability doesn't fit: Ending discrimination against people with FASD in New South Wales law and policy

This report urges governments to conduct a review of law and policy to determine where individuals living with Fetal Alcohol Spectrum Disorder (FASD) are excluded, and to work together with medical professionals and advocates to develop a more inclusive definition of cognitive impairment for use in law and policy. The authors note that currently people living with forms of neurological impairment that do not meet the criteria for intellectual disability, including people living with FASD, are often ineligible for the support available to those diagnosed with intellectual disability. This is the case even where a person living with FASD has a greater need for assistance arising from their disability. A person living with FASD may also fall outside diversionary and other criminal laws which reflect the lesser culpability of a person living with cognitive disability, despite FASD having a greater impact on their offending behaviour than the impact of intellectual disability.