Crimes Mental Impairment consultation paper.pdf - Victorian Law ...
Crimes Mental Impairment consultation paper.pdf - Victorian Law ...
Crimes Mental Impairment consultation paper.pdf - Victorian Law ...
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<strong>Victorian</strong> <strong>Law</strong> Reform Commission<br />
Review of the <strong>Crimes</strong> (<strong>Mental</strong> <strong>Impairment</strong> and Unfitness to be Tried) Act 1997: Consultation Paper<br />
8.98 The following comment made by the Forensic Leave Panel in its 2010 annual report<br />
provides an indication of the difficult task of the Forensic Leave Panel and its approach in<br />
conducting leave hearings:<br />
The panel recognises that attending a hearing can be difficult and stressful for some<br />
forensic patients and residents. The panel seeks to create an environment where patients<br />
and residents feel able to express their views and wishes freely. The panel is also sensitive<br />
to the needs of treating staff, who must balance the requirement to provide candid<br />
evidence to the panel with the need to maintain a healthy therapeutic relationship with<br />
the patient or resident. 102<br />
8.99 The Forensic Leave Panel must provide reasons for all its decisions. 103 The panel may give<br />
reasons orally, however a person applying for leave can request the reasons in writing. 104<br />
When the Forensic Leave Panel does not approve a leave application, it must tell the<br />
person who applied for the leave that they have the right to request written reasons<br />
for the decision. 105 Only one patient requested a written statement of reasons from the<br />
Forensic Leave Panel in 2011. 106<br />
8.100 As part of this review, the Commission is examining the provisions in the CMIA on the<br />
operation of the Forensic Leave Panel and how they function in practice. Currently,<br />
hearings require the presence of three or four panel members to make decisions on<br />
leave, which in some cases may be relatively straightforward. The judicial members of<br />
the panel must be current judges (as opposed to retired judges). Currently, there are<br />
eight judges on the Forensic Leave Panel. 107 Further, the maximum period for which the<br />
Forensic Leave Panel can grant on-ground or limited off-ground leave is six months. 108 If<br />
the Forensic Leave Panel does not sit or cancels a hearing, there is no continuing authority<br />
for a forensic patient or forensic resident’s leave to continue, which can affect their<br />
rehabilitation prospects.<br />
Questions<br />
76 Should the CMIA provide the Forensic Leave Panel with more flexibility in its<br />
operation<br />
77 Is the composition of the Forensic Leave Panel appropriate<br />
176<br />
102 Forensic Leave Panel, Annual Report 2010 (2011) 13.<br />
103 <strong>Crimes</strong> (<strong>Mental</strong> <strong>Impairment</strong> and Unfitness to be Tried) Act 1997 (Vic) s 66(1).<br />
104 Ibid s 66(2).<br />
105 Ibid s 66(4).<br />
106 Forensic Leave Panel, Annual Report 2011, above n 41, Appendix C.<br />
107 Ibid 2.<br />
108 <strong>Crimes</strong> (<strong>Mental</strong> <strong>Impairment</strong> and Unfitness to be Tried) Act 1997 (Vic) s 54(6).
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