A WA parliamentary question on notice regarding the review of the Criminal Law (Mentally Impaired Accused) Act 1996, inquiring about the review's completion, stakeholder consultation, and anticipated legislative changes. The Attorney General confirms the review is complete, outlines consulted stakeholders, and indicates potential amendments in 2013.

AnsweredQoN 5857Legislative Council
Asked
14 August 2012
Portfolio
Attorney General

QuestionView source ↗

I refer to the
Criminal Law (Mentally Impaired Accused) Act 1996
, and I ask —
(1) Has the review of the
Criminal Law (Mentally Impaired Accused) Act 1996
been completed?
(2) If no to (1), when is it expected the review will be completed?
(3) Which stakeholders were consulted during the review of the Act?
(4) Was the Mental Health Commission consulted during the review?
(5) Was the Minister for Mental Health consulted during the review?
(6) Will a Green Paper be released to facilitate broad consultation on any reforms anticipated?
(7) If yes to (6), when?
(8) If no to (6), why not?
(9) Is it expected the Act will be repealed or amended?
(10) When is it anticipated that a Bill will be introduced into Parliament?
(11) Will a Bill be introduced before the end of 2012?

AnswerView source ↗

Answered
11 September 2012
Response time
28 days
(1)
Yes.
(2)
Not applicable.
(3) The Mental Health Commission, the Disability Services Commission, the Office of the Chief Psychiatrist, the State Forensic Mental Health Service, the Department of Health, the Department of Corrective Services, and the Mentally Impaired Accused Review Board.
(4)
See response to Question (3).
(5)
No.
(6)
No. Given the amount of consultation which has occurred on this issue to-date, until Cabinet has had the opportunity to consider specific reforms further consultation will be restricted to key stakeholders.
(7) See response to Question (6).
(8) See response to Question (6).
(9) It is anticipated that the legislation governing mentally impaired accused will be amended. Whether this results in the repeal or the amendment of the existing Act is yet to be determined.
(10) Subject to any decision by Cabinet it is anticipated that legislation will be drafted for introduction into Parliament in 2013.
(11) See response to Question (10).
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