Gia and Mario
Content Warning: These stories are about violence, abuse, neglect and exploitation and may include references to suicide or self-harming behaviours. They may contain graphic descriptions and strong language and may be distressing. Some narratives may be about First Nations people who have passed away. If you need support, please see Contact & support.
Gia is autistic. Mario, her dad, says most people and institutions don’t understand her antisocial actions are not ‘malice or explosive anger’ but ‘heightened anxiety, paranoia, delusions, psychosis and confusion’. As a result she has had numerous interactions with the justice system which, Mario told the Royal Commission, isn’t working for people with autism or psychosocial disability.
Often Gia is violent at home. There are many triggers and ‘she is very unpredictable’. ‘She pinches, punches, kicks and spits, suddenly enraged over something minute.’ When the situation becomes uncontrollable Mario will ‘lock the other kids in their bedrooms’ while he tries to calm the situation. If he’s not successful and the situation becomes dangerous, he calls emergency and prays the ambulance arrives and not the police.
If the police arrive, the problem typically escalates. If there is obvious damage, such as a smashed window, the police will lay charges. Mario objects, but ‘it is apparently mandatory’ in a domestic violence case.
Once Gia ends up in the legal system her condition deteriorates.
If Gia is charged and fined, Mario has to pay the fine.
If Gia is jailed, her condition becomes much worse and she ends up in court.
The court sometimes orders medical reports and these are costly. Court attendances are time consuming. Too often, because of funding, Gia is represented by multiple lawyers which create major problems and setbacks for her. Because Mario is the victim, Gia needs someone else as a support person, which often takes time and money to organise. If Gia is ordered to do community service, Mario is asked to organise it.
‘Knowing this course of events often deters us from calling police … and puts us at even greater risk,’ Mario told us.
Mario would like a special court for people with psychosocial disabilities who ‘lack capacity for medical reasons’. This court would have legal aid lawyers, magistrates and judges trained to understand autism. The person with autism would have the same legal representative from the beginning to the end of the process. A specialised court could organise medical reports.
In addition, Mario would be able to speak directly to Gia and her lawyer. At the moment, as the victim, he is required to bring an additional person to act as an intermediary. ‘They act like an English-to-English translator, repeating everything I say to her lawyer so I do not speak with them directly.’
Mario welcomes Gia’s NDIS funding, but says it is inflexible and does not cover all the care and support she needs.
Gia needs to be allowed to use her NDIS funding to give family caregivers additional support, to provide assistance in court when Gia’s mental health spirals out of control, or to pay higher wages to ensure continuous quality care for Gia when she is triggered and needs specialised support.
‘We have given up our jobs, and work full-time trying to keep our daughter from deteriorating further and becoming another mental health inmate in the prison system,’ Mario said.
Disclaimer: This is the story of a person who shared their personal experience with the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability through a submission or private session. The names in this story are pseudonyms. The person who shared this experience was not a witness and their account is not evidence. They did not take an oath or affirmation before providing the story. Nothing in this story constitutes a finding of the Royal Commission. Any views expressed are those of the person who shared their experience, not of the Royal Commission.