❓ Hon. Tjorn Sibma questions the Attorney General regarding the transition from the Mentally Impaired Accused Review Board to the Mental Impairment Review Tribunal, focusing on changes in purpose, function, powers, and resource implications. The Attorney General outlines enhanced functions, powers, responsibilities and membership of the tribunal, and notes that implementation costs will be considered in budget processes.
AnsweredQoN 34Legislative Council
Asked
15 February 2023
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
MENTAL IMPAIRMENT REVIEW
TRIBUNAL
34. Hon TJORN SIBMA to the parliamentary secretary
representing the Attorney General:
I
refer to the Criminal Law (Mental Impairment) Bill 2022 and the proposed
establishment of the Mental Impairment Review Tribunal in place of the
Mentally Impaired Accused Review Board.
(1) What
substantial change in purpose, function and powers will the tribunal have
versus those already exercisable by the board?
(2) What resource implications will eventuate a consequence
of dissolving the board and establishing the tribunal?
I anticipate a long
answer!
The PRESIDENT : If you
anticipate a long answer, perhaps you could consider the nature of the
question. Thank you for fessing up though.
TRIBUNAL
34. Hon TJORN SIBMA to the parliamentary secretary
representing the Attorney General:
I
refer to the Criminal Law (Mental Impairment) Bill 2022 and the proposed
establishment of the Mental Impairment Review Tribunal in place of the
Mentally Impaired Accused Review Board.
(1) What
substantial change in purpose, function and powers will the tribunal have
versus those already exercisable by the board?
(2) What resource implications will eventuate a consequence
of dissolving the board and establishing the tribunal?
I anticipate a long
answer!
The PRESIDENT : If you
anticipate a long answer, perhaps you could consider the nature of the
question. Thank you for fessing up though.
AnswerView source ↗
I thank the member for some notice
of the question. It is a long answer and it will take me some time to read it
out. The following information has been provided to me by the Attorney General.
(1) The Mental
Impairment Review Tribunal will, at least transitionally, largely be a continuation
of the membership of the existing Mentally
Impaired Accused Review Board, with significant enhancements in its
functions, powers and responsibilities. Presided over by a retired judge of the
Supreme Court or District Court, the tribunal will have a specialist membership
of experts including psychiatrists and psychologists; community members with
knowledge and understanding of relevant issues including the criminal justice
system, Aboriginal cultural considerations, victim's interests and
forensic mental health and disability; and members from the disability division
of the Department of Communities and the corrective
services divisions of the Department of Justice. This mix of members will
ensure that the tribunal is well placed to manage supervised persons
both in custody and in the community.
The tribunal will be responsible for
the day-to-day administration and management of custody, leave of absence and
community supervision orders. That means the tribunal could impose and vary
conditions on community supervision orders, which can be completely tailored to
an individual's requirements. Unlike the MIARB, the tribunal will also
have the power to directly grant leaves of absence to supervised persons in
custody on such conditions and for such periods as it thinks fit. Conditions
placed on leave of absence orders can be similarly tailored to the individual.
The tribunal will also have extensive powers to compel the production of
documents and information. The tribunal will be guided in all its decisions by
the overriding consideration of community protection.
(2) Implementation
of the bill, including the establishment of the tribunal in place of the board,
will have some cost to government and will be considered as part of budget
processes.
of the question. It is a long answer and it will take me some time to read it
out. The following information has been provided to me by the Attorney General.
(1) The Mental
Impairment Review Tribunal will, at least transitionally, largely be a continuation
of the membership of the existing Mentally
Impaired Accused Review Board, with significant enhancements in its
functions, powers and responsibilities. Presided over by a retired judge of the
Supreme Court or District Court, the tribunal will have a specialist membership
of experts including psychiatrists and psychologists; community members with
knowledge and understanding of relevant issues including the criminal justice
system, Aboriginal cultural considerations, victim's interests and
forensic mental health and disability; and members from the disability division
of the Department of Communities and the corrective
services divisions of the Department of Justice. This mix of members will
ensure that the tribunal is well placed to manage supervised persons
both in custody and in the community.
The tribunal will be responsible for
the day-to-day administration and management of custody, leave of absence and
community supervision orders. That means the tribunal could impose and vary
conditions on community supervision orders, which can be completely tailored to
an individual's requirements. Unlike the MIARB, the tribunal will also
have the power to directly grant leaves of absence to supervised persons in
custody on such conditions and for such periods as it thinks fit. Conditions
placed on leave of absence orders can be similarly tailored to the individual.
The tribunal will also have extensive powers to compel the production of
documents and information. The tribunal will be guided in all its decisions by
the overriding consideration of community protection.
(2) Implementation
of the bill, including the establishment of the tribunal in place of the board,
will have some cost to government and will be considered as part of budget
processes.
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