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

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1 Advisory committee 1.18 The Commission has established an advisory committee comprising individuals with expertise in matters relevant to this reference. The role of the advisory committee is to meet as a group of individuals who have expertise and experience in the field and provide ongoing advice to the Commission on issues raised by the terms of reference. The advisory committee consists of: • Professor James Ogloff, Director of Psychological Services, Forensicare and Director, Centre for Forensic Behavioural Science, Monash University • Dr Danny Sullivan, Assistant Clinical Director Community Operations, Forensicare, Adjunct Senior Lecturer, Monash University and Honorary Fellow, University of Melbourne • Dr Ian Freckelton SC, Deputy Director, Centre for the Advancement of Law and Mental Health and barrister • Gavin Silbert SC, Chief Crown Prosecutor, Office of Public Prosecutions • Tim Marsh, Senior Public Defender, Victoria Legal Aid • Isabell Collins, Director, Victorian Mental Illness Awareness Council • Phil Grano, Principal Legal Officer, Office of the Public Advocate. 1.19 The advisory committee met for the first time in April 2013 and will meet again after the close of submissions and the completion of formal consultations. Preliminary meetings 1.20 Any examination of the operation of the CMIA requires an understanding from both a criminal and health perspective and raises both legal and treatment issues. 1.21 As part of preliminary research on the reference, the Commission conducted a series of preliminary meetings with representatives from some of the key stakeholders in the criminal law sector and forensic mental health and disability sectors. The purpose of these meetings was for the Commission to gain a preliminary understanding of how the CMIA currently operates, to start the discussion on the issues identified in the terms of reference and identify other issues that may require examination. 1.22 The preliminary meetings do not form part of the Commission’s formal consultations for this reference. Formal consultations will be conducted in conjunction with the publication of this consultation paper, along with a call for public submissions. 5
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper Consultation paper 1.23 The preliminary consultations along with discussions with the advisory committee and other research undertaken by the Commission form the basis of this consultation paper. 1.24 The purpose of the consultation paper is to assist the Commission to understand how the CMIA has been operating since its introduction. The Commission seeks input from people who have experience with, or are affected by, the CMIA or who have an interest in the issues raised by the CMIA. 1.25 The paper provides information on the current law and procedure under the CMIA and the principles on which it is based. The paper raises and discusses the operational issues that have already been identified in the terms of reference and the Commission’s preliminary research. The paper also asks for input on whether there are additional issues that ought to be considered by the Commission. The Commission may consider these issues if they are within the scope of the reference. 1.26 The Commission puts forward some broad questions about the operation of the CMIA and also asks specific questions to prompt discussion on the issues and the options for addressing them. 1.27 The Commission wants to hear your views and experiences of the operation of the CMIA. It seeks your comments on the questions asked in this consultation paper or any other issues you may have with the operation of the CMIA. Your responses to these questions will assist the Commission to better understand the nature of the issues and to determine the most appropriate response in its recommendations. 1.28 Information about how to provide the Commission with a submission is on page x. To allow the Commission time to consider your views before deciding on final recommendations, submissions are due by 23 August 2013. 6
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