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

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Previous reviews of provisions in the CMIA
2.24 A number of specific aspects of the CMIA have been reviewed since it commenced
operation. The current reference by the Commission is the first comprehensive review
of the operation of the CMIA as a whole. This section will outline the findings of these
previous reviews that will be considered as part of this reference.
Review of leave arrangements for patients at Forensicare
2.25 In March 2001, a review panel (the Vincent Review) was formed to consider leave
arrangements for patients at the Victorian Institute of Forensic Mental Health (Forensicare)
who are held at the Thomas Embling Hospital. 21 The Hon. Justice Frank Vincent AO QC
chaired the panel.
2.26 The Vincent Review recommended that:
• Forensicare develop detailed leave plans that provide a comprehensive rehabilitation
program for each forensic patient including proposed leave arrangements 22
• Forensicare establish an internal body to provide a quality check and endorse all leave
requests to the Forensic Leave Panel or court 23
• the Forensic Leave Panel clearly set out in its orders all leave arrangements available to
the forensic patient 24
• consideration be given to amending the CMIA to ensure that the Forensic Leave
Panel considers specific criteria before granting leave and to strengthen the standard
required for granting leave to forensic patients, 25 and
• arrangements or mechanisms be put in place so patients absconding interstate could
be apprehended and returned to Victoria as a matter of priority. 26
2.27 The recommendations of the Vincent Review requiring legislative amendment were
implemented by the Forensic Health Legislation (Amendment) Act 2002 (Vic) and the
Sentencing and Mental Health Acts (Amendment) Act 2005 (Vic).
People with intellectual disabilities at risk
2.28 In November 2003, the Commission published its report People with Intellectual
Disabilities at Risk: A Legal Framework for Compulsory Care. The Commission reviewed
the provisions for the ‘compulsory treatment and care’ of people with an intellectual
disability who are a risk to themselves and the community.
2.29 The Commission proposed amendments to the legislative framework for compulsory
care. In doing so, the Commission examined some parts of the CMIA. The Commission
recommended that where a magistrate finds a person with an intellectual disability or
cognitive impairment not guilty because of mental impairment, the magistrate should be
able to refer the person to the Office of the Senior Clinician. 27 At the time of writing this
paper, this recommendation has not been adopted.
21 Thomas Embling is a 116-bed secure forensic mental health hospital for patients from the criminal justice system who require psychiatric
assessment, care and management. These patients include persons subject to supervision orders under the CMIA.
22 Review Panel Appointed to Consider Leave Arrangements for Patients at the Victorian Institute of Forensic Health, Report (2001) 14.
23 Ibid 16.
24 Ibid 21.
25 Ibid 22.
26 Ibid 28.
27 Victorian Law Reform Commission, People with Intellectual Disabilities at Risk: A Legal Framework for Compulsory Care, Report (2003) 124.
The Office of the Senior Clinician became the Office of the Senior Practitioner following the introduction of the Disability Act 2006 (Vic).
The role of the Senior Practitioner is to ‘protect the rights of people with a disability who are subject to restrictive interventions and compulsory
treatment’: Office of the Senior Practitioner, Department of Human Services, Senior Practitioner Report 2010–11 (2012) 5.
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