❓ Hon. Alison Xamon asks about WA's endorsement and implementation of national principles regarding persons unfit to plead due to cognitive or mental health impairment. The Attorney General confirms endorsement and ongoing work on related legislation.
AnsweredQoN 1000Legislative Council
Asked
17 September 2019
Member
Portfolio
Leader of the House representing the Attorney General
QuestionView source ↗
DEPARTMENT OF JUSTICE —
PERSONS WITH COGNITIVE OR MENTAL HEALTH IMPAIRMENT
1000. Hon ALISON XAMON to the Leader of the House
representing the Attorney General:
I refer to the ''National
Statement of Principles relating to Persons Unfit to Plead or Not Guilty by
Reason of Cognitive or Mental Health Impairment''.
(1) Has the Western Australian
government formally endorsed the national principles?
(2) If yes to (1), has work begun
on implementing the principles?
(3) If yes to (2), please advise
what work is being undertaken?
(4) If no to (1) or (2), why not?
PERSONS WITH COGNITIVE OR MENTAL HEALTH IMPAIRMENT
1000. Hon ALISON XAMON to the Leader of the House
representing the Attorney General:
I refer to the ''National
Statement of Principles relating to Persons Unfit to Plead or Not Guilty by
Reason of Cognitive or Mental Health Impairment''.
(1) Has the Western Australian
government formally endorsed the national principles?
(2) If yes to (1), has work begun
on implementing the principles?
(3) If yes to (2), please advise
what work is being undertaken?
(4) If no to (1) or (2), why not?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1) Yes, the
Attorney General formally endorsed the national principles on behalf of the Western
Australian government on 13 November 2018. I
note that the commonwealth Attorney-General's Department recently published a copy of the endorsed national
principles on its website and I will table the attached information .
Madam President, it appears to me that ''the attached information''
is not attached. If it comes in before the end of question time, I will provide
it.
(2) Yes.
(3) The
government is progressing work on a bill to repeal and replace the Criminal Law
(Mentally Impaired Accused) Act 1996 in line
with a number of commitments taken to the 2017 election. That bill, once
completed, will broadly align with the national principles.
(4) Not applicable.
some notice of the question.
(1) Yes, the
Attorney General formally endorsed the national principles on behalf of the Western
Australian government on 13 November 2018. I
note that the commonwealth Attorney-General's Department recently published a copy of the endorsed national
principles on its website and I will table the attached information .
Madam President, it appears to me that ''the attached information''
is not attached. If it comes in before the end of question time, I will provide
it.
(2) Yes.
(3) The
government is progressing work on a bill to repeal and replace the Criminal Law
(Mentally Impaired Accused) Act 1996 in line
with a number of commitments taken to the 2017 election. That bill, once
completed, will broadly align with the national principles.
(4) Not applicable.
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