Australian-first laws that give people with an intellectual disability equal access to the court system should be implemented nationally, the Human Rights Commission says.

It is calling on all states to implement similar legislation to the South Australian Vulnerable Witnesses Bill which passed parliament unopposed yesterday.

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The passing of the legislation came four years after a pivotal case where seven disabled children were allegedly sexually abused by their school bus driver.

The case did not proceed to court because the children were seen as unreliable witnesses because of their communication difficulties.

Australian Human Rights Commission's Age and Disability Commissioner Susan Ryan said the Vulnerable Witnesses Bill was a significant step forward for the rights of people with an intellectual disability in Australia.

"I'd like to congratulate the Parliament in South Australia for preparing and handling this legislation," she said.

"It is very important because the changes to the Evidence Act now being legislated in the South Australian Parliament will ensure that people with disability, particularly cognitive disability, have a much better chance of having their evidence heard and accepted and therefore they have a much better chance of getting justice from our legal system.

"There's a recommendation for the use of pre-recorded evidence because it's particularly onerous for vulnerable witnesses to have to keep telling their stories again and again.

"There are a few other recommendations, but really they are all enhancing the rights of people with disability to give their evidence in a way that will be truthful and complete and helpful and, where they need supports [they] will be provided.

"Where they need to give their evidence pre-recorded or in another format, that's provided too."

People with intellectual disability often deemed unreliable

It is hoped that now this bill has become South Australian law, that people with an intellectual disability can have their day in court.

Often people with a cognitive or intellectual disability are prevented from giving evidence in court cases because they are seen as unreliable witnesses.

Only a year ago the Human Rights Commission handed down a damning report, Equal Before the Law, which found discrimination against people with a disability is widespread in Australia's justice system.

Ms Ryan said urgent law reforms were needed in every state, to ensure people with a disability were treated more fairly by the courts.

"It is something that each state will need to look at individually because the evidence acts are state statutes and it's up to the state parliament to review them and consider amendments and then legislate those amendments, as South Australia has done," she said.

"It would be highly desirable, an advance in equality before the law, if we had the state laws harmonised so that we had the best possible supports and opportunities for people with a disability to achieve justice when they're required to give evidence."

Need for disability justice plan recognised

People with an intellectual disability are up to seven times more likely to be sexually abused compared to the general population.

South Australia's public advocate John Brayley said the state has moved forward enormously since the case where seven disabled children were allegedly sexually abused by their school bus driver.

"The situation in the state has improved significantly because there has been a recognition of the need to have a broad disability justice plan," he said.

"So I think we're seeing that in terms of the screening of staff, the recognition of incidents, the reporting, the follow up and the investigation, but this new legislation will bring things to a new level.

"It really affords equality so that the person with the cognitive disability, whether it's a younger person with an intellectual disability or a brain injury, a person who has a significant mental illness or an older person with dementia, has an equal opportunity to receive justice in our justice system.

"This is what makes it significant. Everyone's rights are protected."