Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

7
Question
60 Are there appropriate and sufficient facilities and services for people subject to
the CMIA
Reports on the mental condition of people declared liable to supervision
7.43 When a person is declared liable to supervision, in addition to the section 47 certificate,
the court receives a report on the mental condition of the person. The ‘appropriate
person’, that is the service responsible for supervising the person, is responsible for
providing this report. This is either the authorised psychiatrist for Forensicare (for people
with a mental illness) 29 or the Secretary to the Department of Human Services (for people
with an intellectual disability). 30
7.44 The report on the mental condition of the person must be provided within 30 days of the
person being declared liable to supervision. It contains the following:
• a diagnosis and prognosis of the condition or an outline of the person’s behavioural
problems
• the person’s response to treatment, therapy and counselling
• a suggested treatment or other plan for managing the condition. 31
7.45 A clinician at Forensicare assesses people with a mental illness. The authorised psychiatrist
of Forensicare or the authorised psychiatrist of the service that will provide the treatment
(an approved mental health service or a private practitioner) will generally develop a
treatment plan. 32 A private psychologist is usually contracted by regional Disability Client
Services to assess people with an intellectual disability and prepare a treatment plan on
behalf of the Secretary of the Department of Human Services. 33
7.46 The aim of the 30-day period for preparing the mental condition report is to give
‘sufficient time to negotiate service delivery … to develop clinical and management
strategies to meet the needs of the person and to discuss the proposal with the person
and where appropriate any primary carer or family members’. 34 However, in practice the
report is usually required well before the 30 days limit, and the mental condition report
and the section 47 certificate are often prepared at the same time. 35 The court requires
both reports before it can make a supervision order. If the court remanded the person in
custody after declaring them liable to supervision, it may have already received a section
47 certificate.
Question
61 Are changes needed to the provisions under the CMIA governing mental
condition reports and/or section 47 certificates to ensure adequate and timely
information is provided to the courts
29 Department of Human Services, Non-custodial supervision orders: Policy and procedure manual (2009) 20.
30 Department of Human Services, Disability Services Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Practice Guidelines 2007
(2007) 37.
31 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 41.
32 Department of Human Services, Disability Services Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Practice Guidelines 2007,
above n 30, 20.
33 Department of Human Services, Disability Services Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Practice Guidelines 2007,
above n 30, 40.
34 Department of Human Services, Non-custodial supervision orders: Policy and procedure manual, above n 29, 21.
35 Ibid.
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