Government's CLMIA Review Report does not fare well against reform priorities

WAAMH welcomed the ‘Review of the Criminal Law (Mentally Impaired Accused) Act 1996 – Final Report’, but were disappointed that it did not meet the mental health and disability sectors calls for reform.

Some of the Act’s most serious human rights abuses were not effectively addressed, and of the sectors five reform priorities, only two were substantially met by the Review.

Reform Priorities

  1. Allow judiciary the discretion to impose a range of options for mentally impaired accused through introducing a community-based order for mentally impaired accused found unfit to stand trial, and repealing Schedule 1 to make Custody Orders no longer compulsory for some offences.

This reform has been PARTLY met by the Review.

  1. Limit terms - Custody Orders should be no longer than the term the person would likely have received, had they been found guilty of the offence.

This reform has NOT been met by the Review.

  1. Introduce new procedural fairness provisions, which provide for rights to appear, appeal, review, and rights to information and written reasons for a decision in court and Mentally Impaired Accused Review Board proceedings.

This reform has been PARTLY met by the Review.

  1. Introduce a special hearing to test the evidence against an accused found unfit to stand trial

This reform has NOT been met by the Review.

  1. Ensure determinations about the release of mentally impaired accused from custody, and the conditions to be attached to such release (if any), are made by the Mentally Impaired Accused Review Board but with a right of review before the Supreme Court on an annual basis.

This reform has NOT been met by the Review.

You can see our analysis in our briefing here:

How the ‘Review of the Criminal Law (Mentally Impaired Accused) Act 1996 – Final Report’ rates against the Disability and Mental Health Sectors  Five Priorities for Urgent Reform

WAAMH will continue to work with our partners to ensure the major parties deliver substantial election commitments in the forthcoming state election.