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
People with a mental illness
3.101 The Victorian Institute of Forensic Mental Health (Forensicare), a statutory agency in the
Department of Health, is responsible for supervising people with a mental illness under
the CMIA. At the end of June 2012, there were 156 people with a mental illness on a
supervision order. Of these, there were 69 people on custodial supervision orders and
78 people were on non-custodial supervision orders. A further nine people were in the
community on extended leave. 85 Forensicare supervises all but one of these orders. 86
3.102 People on a custodial supervision order are detained at Thomas Embling Hospital and
managed and treated by Forensicare. The Forensic Leave Panel who hears applications for
leave under supervision orders by all people supervised under the CMIA reported that in
the calendar year of 2011, there were 67 forensic patients at Thomas Embling. 87
3.103 The Community Operations arm of Forensicare supervises people on a non-custodial
supervision order. However, a number of different services can carry out the management
and treatment of a person under supervision. Forensicare has the primary responsibility
for the treatment and management of people on a custodial supervision order. An area
mental health service or private practitioners may have the responsibility for the treatment
and management of people subject to a non-custodial supervision order. 88 They are also
responsible for monitoring whether the person is complying with the conditions of their
non-custodial supervision order and identifying and managing any risks.
3.104 A person’s progress on the supervision will depend, among other factors, on their
mental condition and the extent to which they recover. Mental illness is not necessarily a
permanent condition. In some cases, a person can have a mental illness for a particular
period and recover. In other cases, a person may continue to have the mental condition or
the symptoms could fluctuate.
People with an intellectual disability or cognitive impairment
3.105 Disability services (through the Department of Human Services) supervise people with an
intellectual disability or cognitive impairment who are subject to a supervision order under
the CMIA. At the end of June 2012, there were 26 people on supervision orders managed
by the Department of Human Services. 89
3.106 Disability Forensic Assessment and Treatment Services provide a range of treatment to
offenders with an intellectual disability in a residential setting. The Intensive Residential
Treatment Program is provided under Disability Forensic Assessment and Treatment
Services and is a residential treatment facility under the Disability Act. Another
program is the Long Term Rehabilitation Program, which is a residential institution
under the Disability Act managed by the Department of Human Services. However,
people must meet the eligibility criteria under the Disability Act to receive treatment in
these programs. 90
48
85 Data provided to the Commission by the Victorian Institute of Forensic Mental Health (Forensicare).
86 Victorian Institute of Forensic Mental Health (Forensicare), above n 78, 31.
87 Forensic Leave Panel, Annual Report 2011 (2012) 11. A forensic patient is a person with a mental illness detained under a supervision order
in an ‘approved mental health service’ under the Mental Health Act 1986 (Vic).
88 Department of Health, Protocol between Forensicare and Area Mental Health Services for People Subject to Non-custodial Supervision
Orders – Program management circular (January 2012) 1.
89 Data provided to the Commission by the Department of Human Services.
90 The criteria for a residential institution is in section 87 of the Disability Act 2006 (Vic) and the criteria for a residential treatment facility is in
section 152 of the Disability Act 2006 (Vic).