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

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Formal consultation process
1.29 The next stage of the reference will involve consulting widely with interested organisations
and people to gather information and comments on the operation of the CMIA, identify
additional issues and develop and test any options for reform.
1.30 The Commission intends to consult with representatives in both the criminal law sector
and forensic mental health and disability sector, including the judiciary, the courts, legal
practitioners, forensic mental health and disability clinicians, mental health and disability
treatment services and support service providers (government and non-government).
1.31 The CMIA also has the potential to affect a wide range of people in the general
community. This includes people who may be subject to orders under the CMIA, family
members or carers of people subject to the CMIA, and victims or family members of
victims in CMIA matters. It could also include individuals or groups interested in issues
relating to mental illness, intellectual disability or cognitive impairment and the criminal
justice system. The Commission is also interested in hearing the views of individuals and
groups interested in community safety.
1.32 As part of the consultation process, the Commission will be seeking to include analysis of
quantitative data to assist in its understanding of how the CMIA operates and the issues
that have been identified. The Commission encourages people making a submission to
include any quantitative or qualitative data (for example, in the form of case examples)
that may be available or collected. Quantitative data will be particularly useful in relation
to the Commission’s consideration of the issues regarding the further expansion of the
CMIA to the Magistrates’ Court and the possible cost implications of the Commission’s
recommendations, including the cost of supervision and treatment services.
1.33 The feedback and information that the Commission receives from submissions and formal
consultations, combined with additional research, will inform its final recommendations
to the Attorney-General. A report setting out the Commission’s recommendations will be
provided to the Attorney-General by the reporting date of 31 March 2014. The Attorney-
General must table the report in the Victorian Parliament. The Victorian Government then
decides whether to implement the Commission’s recommendations.
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