❓ A WA parliamentary question seeks information on the expansion of the Intellectual Disability Diversion Program (IDDP) and its implementation, particularly regarding offenders with cognitive impairments and program accessibility. The Minister for Disability Services defers many aspects to the Attorney General.
AnsweredQoN 5824Legislative Council
QuestionView source ↗
I refer to the recommendations 22, 24 and 25 of the Law Reform Commission of Western Australia Final Report 'Court Intervention Programs: Project No. 96' that recommended that the Intellectual Disability Diversion Program (IDDP) be expanded in several ways. I ask —
(1) Is the Minister working with the Attorney General on the implementation of these recommendations and expansion of the IDDP program to ensure that —
(a) the IDDP is able to include offenders with all types of cognitive impairment including acquired or organic brain injury; intellectual disability, dementia and other degenerative brain disorders;
(b) the IDDP is able to service the outer-metropolitan courts;
(c) the IDDP is formally available to offenders in all adult court jurisdictions;
(d) there is no formal requirement that an offender plead guilty to an offence to be accepted onto the IDDP;
(e) an offender is not barred from participating in the IDDP for a particular offence on the basis that he or she has pleaded not guilty to, or disputes the facts of, another offence, whether related or unrelated;
(f) applicants that are assessed as ineligible for the IDDP are returned to the general court list to be dealt with at the earliest opportunity;
(g) applicants that are returned to the general court list, who withdraw or are terminated from the IDDP before completion and have indicated no contest to the objective facts of the offence retain the option to plead the defence of insanity under section 27 of the
Criminal Code 1913
(WA);
(h) participation in the program is voluntary and written consent to sharing information between government departments and external service providers is obtained;
(i) anything done by the offender in compliance with the program is taken into account and all sentencing options are available to the magistrate;
(j) the IDDP operates with a designated magistrate who —
(i) has received relevant training;
(ii) has an understanding of issues facing mentally impaired offenders;
(iii) has an interest in improving outcomes for mentally impaired offenders;
(k) other magistrates are trained as relief magistrates or to service the IDDP in outer-metropolitan areas;
(l) the IDDP is sufficiently resourced to allow it to purchase relevant non-government service providers on behalf of participants; and
(m) staff of regional courts and those responsible for coordinating and running the Children's Court are trained by and, where necessary, take advice from coordinators of the IDDP program?
(2) If yes to (1), how and when will the IDDP program be expanded? Please table copies of any relevant documents.
(3) If no to (1), why not?
(1) Is the Minister working with the Attorney General on the implementation of these recommendations and expansion of the IDDP program to ensure that —
(a) the IDDP is able to include offenders with all types of cognitive impairment including acquired or organic brain injury; intellectual disability, dementia and other degenerative brain disorders;
(b) the IDDP is able to service the outer-metropolitan courts;
(c) the IDDP is formally available to offenders in all adult court jurisdictions;
(d) there is no formal requirement that an offender plead guilty to an offence to be accepted onto the IDDP;
(e) an offender is not barred from participating in the IDDP for a particular offence on the basis that he or she has pleaded not guilty to, or disputes the facts of, another offence, whether related or unrelated;
(f) applicants that are assessed as ineligible for the IDDP are returned to the general court list to be dealt with at the earliest opportunity;
(g) applicants that are returned to the general court list, who withdraw or are terminated from the IDDP before completion and have indicated no contest to the objective facts of the offence retain the option to plead the defence of insanity under section 27 of the
Criminal Code 1913
(WA);
(h) participation in the program is voluntary and written consent to sharing information between government departments and external service providers is obtained;
(i) anything done by the offender in compliance with the program is taken into account and all sentencing options are available to the magistrate;
(j) the IDDP operates with a designated magistrate who —
(i) has received relevant training;
(ii) has an understanding of issues facing mentally impaired offenders;
(iii) has an interest in improving outcomes for mentally impaired offenders;
(k) other magistrates are trained as relief magistrates or to service the IDDP in outer-metropolitan areas;
(l) the IDDP is sufficiently resourced to allow it to purchase relevant non-government service providers on behalf of participants; and
(m) staff of regional courts and those responsible for coordinating and running the Children's Court are trained by and, where necessary, take advice from coordinators of the IDDP program?
(2) If yes to (1), how and when will the IDDP program be expanded? Please table copies of any relevant documents.
(3) If no to (1), why not?
AnswerView source ↗
Answered
27 September 2012
Responded by
Minister for Disability Services
Response time
44 days
(1) Noting that implementation responsibility rests with the Department of Attorney General, I advise that:
(a) All people with cognitive impairment can be referred. It is the decision of the IDDP Magistrate as to whether the person is suitable for the program.
(b) Referrals can be made from outer-metropolitan courts.
(c) Not currently.
(d) A participant does not need to plead guilty, but should intend to plead guilty.
(e) This currently occurs.
(f) This currently occurs.
(g) Please refer to the Attorney General.
(h) This currently occurs.
(i) This currently occurs.
(j) Please refer to the Attorney General
(k) Please refer to the Attorney General
(l) The Disability Services Commission provides support and resources to participants of the program in partnership with IDDP.
(m) Please refer to the Attorney General
(2) Not applicable.
(3) The implementation responsibility rests with the Department of the Attorney General. The Disability Services Commission has engaged with the Department of the Attorney General on a number of issues affecting people with disability and the criminal justice system, in particular mentally impaired accused.
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(a) All people with cognitive impairment can be referred. It is the decision of the IDDP Magistrate as to whether the person is suitable for the program.
(b) Referrals can be made from outer-metropolitan courts.
(c) Not currently.
(d) A participant does not need to plead guilty, but should intend to plead guilty.
(e) This currently occurs.
(f) This currently occurs.
(g) Please refer to the Attorney General.
(h) This currently occurs.
(i) This currently occurs.
(j) Please refer to the Attorney General
(k) Please refer to the Attorney General
(l) The Disability Services Commission provides support and resources to participants of the program in partnership with IDDP.
(m) Please refer to the Attorney General
(2) Not applicable.
(3) The implementation responsibility rests with the Department of the Attorney General. The Disability Services Commission has engaged with the Department of the Attorney General on a number of issues affecting people with disability and the criminal justice system, in particular mentally impaired accused.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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