Community Mental Health Australia (CMHA) and People with Disability Australia (PWDA_ are united in their condemnation of the systemic failures in Australia’s mental health and justice systems and the regulated violence documented in the coroner’s report into Simon Cartwright’s death in 2021 at Silverwater jail. The report revealed that prison guards deliberately cut off his water supply, mocked his desperate pleas for help and fudged observation records to cover up systemic torture and restrictive practices.
These inhumane acts, compounded by the glaring inadequacies in mental health supports, highlights the urgent need for comprehensive reform.
Simon Cartwright was held in isolation at the time of his death and had a documented history of severe mental health challenges. This tragic incident is emblematic of a broader crisis: the criminalization and neglect of individuals with psychosocial disabilities and the continued use of restrictive practices that harm and kill people with disability.
“Simon Cartwright’s tragic death highlights the systemic abuse faced by individuals with mental illness. This is not just a failure of policy but a profound human rights violation.
Despite claims of deinstitutionalization, mental health care has been neglected, with no funding for preventative support. Vulnerable people are funnelled into emergency departments and prisons instead of receiving the care they deserve. State and federal governments are fully aware of the unmet needs, yet neglect, abuse, and illegal restrictive practices persist. People with psychosocial disabilities have rights, and it is imperative that these rights are upheld and realized without delay," said Francis O’Neill, CMHA’s Strategic Partnerships Manager.
“Restrictive practices harm and kill people with disability—they are inexcusable in any setting. Australia must take urgent steps to ensure these violations are not just monitored but eradicated entirely," said PWDA President Trinity Ford.
"Restrictive practices, including the withholding of basic human needs like water, are government-regulated violence. They harm and kill people with disability, as Simon Cartwright’s tragic case so painfully demonstrates. This is not a matter of neglect; it is systemic abuse that must end now.
"We owe it to Simon Cartwright and countless others to reform systems that fail people with psychosocial disabilities. Every disabled person deserves respect, dignity, and support, not violence and neglect disguised as care," said PWDA Deputy CEO Megan Spindler-Smith.
A National Crisis in Mental Health Support
Despite decades of so-called “de-institutionalization,” the lack of community-based mental health services has redirected vulnerable individuals into hospitals and prisons—environments ill-equipped to provide the necessary care and support.
The 2022-23 Analysis of Unmet Need for Psychosocial Supports Outside the NDIS paints a grim picture:
• 230,500 individuals aged 12 to 64 with severe mental illness are not receiving essential supports.
• 14.07 million hours of unmet psychosocial support needs have been recorded.
• An estimated 263,100 additional individuals with moderate mental illness also lack adequate assistance.
This gap has far-reaching consequences, including increased rates of incarceration, hospitalisations, and suicides. Alarmingly, this crisis persists despite clear evidence that community-based interventions yield significant economic and social benefits.
The Productivity Commission’s Inquiry into Mental Health estimates that transforming the system could see benefits worth almost $20 billion annually, reduce incarceration rates, and restore dignity and autonomy to individuals with mental illness.
Restrictive Practices are Regulated Violence
Simon Cartwright was subject to restrictive practices including the withholding of water and isolation. Thousands of stories told to the Disability Royal Commission highlight this is not an isolated incident and that these acts of violence continue to be perpetrated against people with disability across Australia.
Government regulated violence like this is not acceptable. It actively harms and kills people with disability. Urgent reform is needed to ensure the full elimination of these restrictive practices.
Reform must prioritise strong centralised monitoring of restrictive practices that complies with the Optional Protocol for the Convention Against Torture (OPCAT) and which is overseen by the Australian Human Rights Commission. This requires consistent standards and definitions of these practices across all jurisdictions to ensure the rights and safety of people with disability is safeguarded.
A Call to Action
The death by abuse and neglect at Silverwater Jail is not an isolated incident—it is the result of systemic policy failures.
CMHA and PWDA reiterate their longstanding calls for foundational reforms to address this crisis:
• Expand Community-Based Support: Provide proactive, early intervention services to meet the needs of individuals with severe and moderate mental illness.
• Eliminate Restrictive Practices: Federal and state and territory governments must commit to eliminating regulated violence in all settings.
• Centre Lived Experience: Ensure that people with disability and individuals with lived experience of mental health challenges are integral to decision-making, government procurement, and service delivery.
• Embed Disability Rights: Build a system that prioritizes dignity, autonomy, and well-being for all. Fund Priority Reforms: Allocate the necessary $2.4 billion annually to achieve an $18 billion benefit through reduced hospitalizations, incarcerations, and improved social participation.
Justice for the Forgotten
Simon Cartwright was a gentle man who played the piano and was loved by his family and friends. This tragedy underscores the urgent need for justice and accountability.
Disability rights must be upheld in every aspect of Australia’s mental health and justice systems. CMHA and PWDA call on policymakers, mental health advocates, and the broader community to stand together and demand the following:
• An independent inquiry into the death of the Simon Cartwright.
• Immediate reforms to address the unmet needs of individuals with psychosocial disabilities.
• The full elimination of restrictive practices.
• A commitment to transforming Australia’s mental health system into one that upholds human rights and dignity.
ENDS
About us:
ABOUT COMMUNITY MENTAL HEALTH AUSTRALIA
Community Mental Health Australia (CMHA) is the federated peak body representing the community-managed mental health sector across Australia’s states and territories. We advocate for the needs of individuals with mental health challenges, ensuring they receive support at home and in their communities.
ABOUT PEOPLE WITH DISABILITY AUSTRALIA
People with Disability Australia Incorporated (PWDA) is a national disability rights and advocacy, non-profit, non-government organisation. We have a cross-disability focus, representing the interests of people with all kinds of disability and our membership is made up of people with disability and organisations mainly constituted by people with disability.
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Contact details:
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media@pwd.org.au
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