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

8
Leave decision-making bodies
8.90 The CMIA uses a range of decision-making bodies to make determinations about leave
including the courts, the Forensic Leave Panel, authorised psychiatrists and the Secretary
to the Department of Human Services. In addition, Forensicare has an Internal Leave
Review Committee that considers the leave applications and endorses leave plans. In this
section, the Commission discusses the operation of the Forensic Leave Panel and the
Internal Leave Review Committee. Chapter 9 discusses the role of the court in granting
extended leave.
8.91 Like Victoria, many jurisdictions utilise an independent tribunal or board as a leave
decision-making body, for example the Forensic Tribunal in Tasmania, the Mental Health
Tribunal in New South Wales, the Mentally Impaired Accused Review Board in Western
Australia and the Mental Health Board in Queensland.
Supreme Court and County Court
8.92 The Supreme Court and County Court make decisions regarding extended leave. The
court that made the original supervision order will hear and determine applications for
extended leave under a supervision order.
Operation of the Forensic Leave Panel
8.93 The CMIA established the Forensic Leave Panel to hear and determine applications for
on-ground and limited off-ground leave and appeals of special leave decisions. 94 The
Forensic Leave Panel’s role is ‘integral to the rehabilitation of patients and residents and
facilitates their reintegration into the community’. 95
8.94 The Forensic Leave Panel’s membership consists of one or more judges of the Supreme
Court, one or more judges of the County Court, the Chief Psychiatrist and any members
necessary from time to time for the proper functioning of the Forensic Leave Panel. 96 For
the purpose of a hearing, the panel consists of a judicial member, a member appointed
to the panel to represent the view and opinions of members of the community, and the
person who is primarily responsible for the treatment and care of the applicant who is:
• for forensic patients, the Chief Psychiatrist and a medical practitioner with experience
in forensic psychiatry
• for forensic residents, a registered psychologist with forensic experience. 97
8.95 The judicial member of the Forensic Leave Panel is the chairperson for the hearing.
The chairperson’s role includes deciding questions of law, arranging the business
and procedure of the Forensic Leave Panel in consultation with other members and
determining the sittings of the Forensic Leave Panel. 98
8.96 The Minister for Mental Health nominates the members of the Forensic Leave Panel who
are then appointed by the Governor in Council. Judicial members serve a term of five
years and other members serve a period of up to four years. 99 Members of the Forensic
Leave Panel are eligible for reappointment. 100
8.97 In hearing any matter, the Forensic Leave Panel must act according to ‘equity and good
conscience’ without regard to technicalities and legal forms, is bound by the rules of
natural justice and is not required to conduct any proceedings in a formal manner. 101
94 Ibid s 60.
95 Forensic Leave Panel, Annual Report 2011, above n 41, 1.
96 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 59(2).
97 Ibid sch 2 cl 1.
98 Ibid sch 2 cl 3, 4, 5.
99 Ibid sch 1 cl1(1)(b), 2(1)(a), 2(1)(b).
100 Ibid sch 1 cl1(1)(c), 2(1)(c).
101 Ibid s 64(1).
175