Page 2033 - Week 07 - Thursday, 17 June 1993
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assistance to the courts in the sentencing process when requested by the court; and regularly reviewing the cases of persons who have been found unfit to plead or who have been detained following an acquittal on the grounds of mental illness, and, where appropriate, to order their release.
The Mental Welfare Bill, Mr Deputy Speaker, together with the amendments to the Crimes Act, will ensure that mentally dysfunctional people are no longer inappropriately dealt with by the criminal justice system. I commend the exposure draft of the Mental Welfare Bill to the Assembly and I look forward to receiving the comments of the public and of my fellow Assembly members on these important issues. I present the explanatory statement.
Debate (on motion by Mrs Carnell) adjourned.
CRIMES LEGISLATION
Exposure Draft
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (3.16): Mr Deputy Speaker, for the information of members, I present an exposure draft of the Crimes (Amendment) Bill. I move:
That the Assembly takes note of the paper.
This Bill complements the Mental Welfare Bill which my colleague Mr Berry, the Minister for Health, has just tabled in the Assembly. The mental welfare tribunal established by that Bill will have an important role to play in relation to mentally dysfunctional people who come into contact with the criminal justice system. It has been clear for many years that some mentally dysfunctional people are inappropriately caught up in the criminal justice system. The provisions of the Mental Welfare Bill will allow police or the Director of Public Prosecutions to refer people to the tribunal to determine the best course of action for persons who appear to be mentally dysfunctional. The tribunal will have appropriate powers to assess these people and make orders for their welfare. We hope to ensure that people will not become entangled in the criminal justice system if their needs could be more properly addressed within the mental welfare system.
The Crimes (Amendment) Bill will amend the Crimes Act to provide for the courts to refer a mentally dysfunctional person to the tribunal in certain circumstances. At present, if a mentally dysfunctional person comes into contact with the courts it will usually be the Magistrates Court in relation to a summary offence. The magistrate may conclude that, having regard to the person's mental dysfunction and the minor nature of the alleged offence, it is appropriate that the charge be dismissed and the person referred to the mental welfare authorities. The Bill confers on magistrates the power to make such orders and ensures that they retain the flexibility to make other appropriate orders in these cases. Magistrates will be able to seek advice from the tribunal as to whether a person is mentally dysfunctional and recommendations as to how the person should be dealt with. The Magistrates Court will be able to refer mentally dysfunctional persons who have been convicted of a summary offence to the tribunal for the making of a mental welfare order.
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