Page 1542 - Week 05 - Thursday, 15 May 2014
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Under the new provisions, people who have been adversely affected in this way will enjoy similar rights to those available to victims of crime. This includes information about where the offending person is in custody or released and being represented, for example, when conditions are being considered as a part of a person’s discharge, including where the person may live.
A key aspect of increased ACAT scrutiny is the immediate and monthly review of people detained in custody who are found not guilty because of mental impairment or who are found unfit to plead. The amendments retain the ability for courts to order that a person be detained in custody potentially over an extended period of time after the end of the criminal process where the circumstances demand it and there is no other available reasonable option.
Review of detention will require consideration of the person’s need for the most therapeutic environment and the need to protect public safety. The government has agreed that where a person is being transferred from a corrections detention to a health facility for mental health treatment the person’s legal custody will be the responsibility of the Health Directorate.
However, these measures are intended to come into force with the commissioning of the new secure mental health unit where appropriate secure accommodation will be available for this client group. Further amendments will be introduced in the Assembly at that time to give effect to this policy.
This change will mean that the same authority is considering both therapeutic needs and security needs of the person when setting security levels. The Minister for Corrections addressed the Assembly on 8 April 2014 confirming that it is the government’s intention to introduce the new transfer of custody arrangements in time for the commissioning of the new unit rather than have unenacted provisions sitting on the statute books until 2016.
In the meantime, a further bill is also planned for introduction later in 2014 timed to come into operation with the current bill. It will address transitional arrangements such as how treatment orders made under the current act are recognised after enactment of the new provisions and any other outstanding matters such as provisions for interstate transfer which need to align with the outcomes of simultaneous reviews in other jurisdictions.
In closing, Madam Speaker, I would like to acknowledge a number of people who have shown considerable commitment to the review process. I would especially like to thank David Lovegrove, representing the Mental Health Consumer Network, who has provided extensive input throughout the review.
I also acknowledge members of the review advisory committee, the staff of the Mental Health Community Coalition, representatives at Carers ACT, Linda Crebbin as Children and Young People Commissioner and President of ACAT and other representatives of the Human Rights Commission, Ron Cahill for his support when he was Chief Magistrate, representatives of the Disability ACT, the Aged and Carer Advocacy Service, Advocacy for Inclusion, Legal Aid and the Youth Coalition of the ACT.
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