❓ Hon. Alison Xamon asks the Attorney General about plans to expand the Intellectual Disability Diversion Program (IDDP) based on Law Reform Commission recommendations. The Attorney General redirects the question to the Minister for Corrective Services, highlighting government investment in court diversion programs for people with mental illness and disabilities.
AnsweredQoN 5823Legislative Council
QuestionView source ↗
I refer to 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) Does the Attorney General have plans to expand the IDDP in accordance with these recommendations 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) Does the Attorney General have plans to alter or expand the IDDP in any other way?
(3) If yes to (1) or (2), how and when will the IDDP be expanded? Please table copies of any relevant documents.
(4) If no to (1) or (2), why not?
(1) Does the Attorney General have plans to expand the IDDP in accordance with these recommendations 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) Does the Attorney General have plans to alter or expand the IDDP in any other way?
(3) If yes to (1) or (2), how and when will the IDDP be expanded? Please table copies of any relevant documents.
(4) If no to (1) or (2), why not?
AnswerView source ↗
Answered
11 September 2012
Response time
28 days
(1 - 4) The Intellectual Disability Diversion Program (IDDP) comes under the portfolio of the Minister for Corrective Services and questions relating to this program should be addressed to that Minister. The Liberal - National Government is committed to supporting people with mental illnesses and disabilities who come into contact with the court system and in the current State Budget has provided $6.7million for a court diversion program for people with mental illness and allocated nearly $18million to create declared places for people with intellectual or cognitive disabilities who come under the
Criminal Law (Mentally Impaired Accused) Act 1996
.
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
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Criminal Law (Mentally Impaired Accused) Act 1996
.
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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