Page 2259 - Week 07 - Thursday, 16 June 1994

THE BILL ALSO INVOLVES A MAJOR CHANGE TO THE LAW IN

RELATION TO THE DEFENCE OF INSANITY. THE BILL INTRODUCES

A STATUTORY VERSION OF THIS DEFENCE. THIS WILL ALLOW A

BROADER RANGE OF PEOPLE TO USE THE DEFENCE, AND UPDATES

THE LAW IN THIS AREA.

AT PRESENT, PERSONS WHO ARE FOUND NOT GUILTY OF

INDICTABLE OFFENCES ON THE GROUNDS OF MENTAL ILLNESS

ARE DETAINED INDEFINITELY AT THE GOVERNOR-GENERAL'S

PLEASURE. THIS BILL WILL GIVE THE COURT DISCRETION AS TO

WHAT IS THE MOST APPROPRIATE OPTION FOR THESE

INDIVIDUALS. THE COURT WILL HAVE THE POWER TO SEND A

PERSON TO THE NEW TRIBUNAL SO THAT THEY MAY RECEIVE

APPROPRIATE TREATMENT AND CARE. IN SOME CASES THEY

WILL STILL BE DETAINED IN CUSTODY BUT IN FUTURE THE

MENTAL HEALTH TRIBUNAL WILL HAVE THE FUNCTION OF

REVIEWING THE CASES OF THESE PEOPLE ON A SIX MONTHLY

BASIS AND DETERMINING WHETHER THEY SHOULD BE RELEASED.

THE MENTAL HEALTH (TREATMENT AND CARE) BILL SETS OUT

THE FACTORS TO BE CONSIDERED BY THE TRIBUNAL IN CARRYING

OUT THIS FUNCTION WHICH WILL INCLUDE THE NATURE OF THE

OFFENCE, THE NATURE OF THE PERSON'S MENTAL DYSFUNCTION

AND WHETHER THE PERSON IS A DANGER TO THE COMMUNITY.

AN IMPORTANT PROVISION OF THE BILL IS THAT THERE IS TO BE A

LIMIT ON DETENTION SO THAT A PERSON WHO SUFFERS FROM

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