Page 2257 - Week 07 - Thursday, 16 June 1994

THE TRIBUNAL WILL HAVE APPROPRIATE POWERS TO ASSESS

THESE PEOPLE AND MAKE ORDERS FOR THEIR WELFARE. WE HOPE

TO ENSURE THAT PEOPLE WILL NOT BECOME ENTANGLED IN THE

CRIMINAL JUSTICE SYSTEM IF THEIR NEEDS COULD BE -MORE

PROPERLY ADDRESSED WITHIN THE MENTAL HEALTH SYSTEM.

THE CRIMES (AMENDMENT) BILL WILL AMEND THE CRIMES ACT

TO PROVIDE FOR THE COURTS TO REFER A MENTALLY

DYSFUNCTIONAL PERSON TO THE TRIBUNAL IN CERTAIN

CIRCUMSTANCES.

AT PRESENT IF A MENTALLY DYSFUNCTIONAL PERSON COMES

INTO CONTACT WITH THE COURTS IT WILL USUALLY BE THE

MAGISTRATES COURT IN RELATION TO A SUMMARY OFFENCE. A

MAGISTRATE MAY CONCLUDE THAT, HAVING REGARD TO THE

PERSON'S MENTAL DYSFUNCTION AND THE MINOR NATURE OF

THE ALLEGED OFFENCE, IT IS APPROPRIATE THAT THE CHARGE BE

DISMISSED AND THE PERSON BE REFERRED TO THE MENTAL

HEALTH AUTHORITIES.

THE BILL CONFERS THE POWER TO MAKE SUCH ORDERS ON

MAGISTRATES AND ENSURES THEY RETAIN THE FLEXIBILITY TO

MAKE OTHER APPROPRIATE ORDERS IN THESE CASES.

MAGISTRATES WILL BE ABLE TO SEEK ADVICE FROM THE

TRIBUNAL AS TO WHETHER A PERSON IS MENTALLY

DYSFUNCTIONAL AND RECOMMENDATIONS AS TO HOW THE

PERSON SHOULD BE DEALT WITH. THE MAGISTRATES COURT

WILL BE ABLE TO REFER MENTALLY DYSFUNCTION LA PERSONS

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