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

Victorian Law Reform Commission
Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper
1. Introduction
Referral to the Commission
1.1 In August 2012, the Attorney-General, the Honourable Robert Clark, MP asked the
Commission, under section 5(1)(a) of the Victorian Law Reform Commission Act 2000
(Vic), to review and report on the desirability of changes to the CMIA to improve its
operation. Essentially, the terms of reference ask the Commission to consider whether
changes are needed to ensure that the CMIA operates justly, effectively and consistently
with the principles that underlie it. The Commission is asked to give consideration to a
number of particular issues covering both legal and process aspects of the CMIA, set out
in the terms of reference.
1.2 The Commission has also been asked, in undertaking this reference, to have regard to:
• the cost implications of any recommendations it may make, including the costs of
supervision and treatment services, and
• any recommendations that may be made by the Victorian Parliament Law Reform
Committee (referred to in this paper as the Law Reform Committee) in its Inquiry
into Access to and Interaction with the Justice System by People with an Intellectual
Disability and their Families and Carers.
1.3 The full terms of reference are set out on page xii.
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