When Disability Is Criminalised: Why Lived Experience Must Shape Justice Reform
The Guardian recently published an article on the prevalence of brain injury among men in Victorian prisons, a compelling reminder on the importance of centring lived experience in systemic reform. It gave voice to people like Michael Mayne, whose diagnosis at age 47 came after decades of cycling through prison, homelessness, and disadvantage. His story is powerful not because it is rare, but because it speaks to the experience of so many whose disability has gone unrecognised, unsupported, and ultimately criminalised.
Almost half of all men in Victorian prisons have an acquired brain injury (ABI) — a figure that rises even higher among Aboriginal and Torres Strait Islander men. At least a third of all women in Victorian prisons have an ABI, a figure family violence plays a role in. In the community, however, the estimate sits at just 2%. Despite these stark statistics, systematic screening is not in place, and specialised support remains patchy or ad hoc at best. This has real consequences: when disability is invisible or misunderstood, responses default to punishment rather than appropriate support.
The piece also features Jai Haines, who credits early legal intervention and culturally safe support with changing the trajectory of his life. His reflection, that without help, “I’d be dead”, echoes what we at the CIJ have heard time and again through our own work. Properly resourced, trauma-informed, culturally responsive systems can prevent incarceration, reduce recidivism, and rebuild lives.
Just as importantly, real change depends on how — and whether — we choose to listen.
The voices of people with lived experience of ABIs and criminalisation are not just compelling, they are essential. These voices help us understand the structural drivers that bring people into contact with the justice system, and the changes required to support them out of it. Too often, they are silenced or sidelined. But when their stories are centred, on their own terms, the conversation shifts.
That’s why media plays such a crucial role in building awareness and challenging assumptions. Whether it’s through long-form journalism, like this Guardian article, that draws attention to the systemic overrepresentation of people with ABIs in prisons, or podcasts like All Been Inside (which launched on May 15), which speak directly with people who have lived these experiences, these platforms help amplify truths that have long been ignored.
At CIJ, our Supporting Justice project has sought to elevate the voices of people with cognitive disability and ABIs since 2019, and to push for responses that are designed with — not just for — the people most affected. From better screening and early intervention to embedding peer support and lived experience expertise into services and systems, the direction is clear.
What we need now is the political and institutional will to act on what we already know: that meaningful change starts with listening. People with lived experience are not only telling us what’s broken — they are showing us how to fix it.
Because the people most affected by the justice system are also the people best placed to transform it.
More Resources:
Read the full Guardian article here https://www.theguardian.com/australia-news/2025/may/10/almost-half-of-victorian-male-inmates-have-a-brain-injury-for-michael-diagnosis-was-the-first-step-to-a-new-life-ntwnfb
Find out more about Supporting Justice here https://supportingjustice.net/
Read the CIJ’s full 2017 Enabling Justice report here https://cij.org.au/cms/wp-content/uploads/2018/08/enabling-justice-full-report.pdf
Find out more about the All Been Inside podcast https://www.voices-for-change.org/all-been-inside