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Legislative Assembly for the ACT: 1999 Week 4 Hansard (22 April) . . Page.. 1128 ..

MR HUMPHRIES (continuing):

appropriate orders in respect of people who are charged with summary offences or indictable offences which may be heard and determined summarily where the defendant is unfit to plead.

The Bill also gives the Magistrates Court the capacity to make the same types of orders as the Supreme Court presently can in relation to people who are acquitted on the grounds of mental impairment. The Magistrates Court presently has the capacity to dismiss charges, with or without a requirement that the defendant submit to the jurisdiction of the tribunal, where certain defendants are mentally dysfunctional. The Bill sets out a range of factors which the court must consider before exercising its discretion to dismiss charges under the relevant provision. It also makes it clear that the Magistrates Court may dismiss charges unconditionally, or subject to the requirement that the accused submit to the jurisdiction of the tribunal in relation to indictable offences which can be heard and determined summarily, only where the Director of Public Prosecutions consents.

Changes made to the terms defined in the Mental Health Act have resulted in consequential amendments to the provisions of Part 11A. The changes to the Mental Health Act effected by the amendments in the Mental Health (Treatment and Care) (Amendment) Bill to be introduced by my colleague the Minister for Health and Community Care mean that the tribunal will be able to make orders in respect of people with a mental illness as well as people with a mental dysfunction. Presently one term is used to cover both categories of people. The introduction of a distinction between these categories of people necessitates consequential amendments to Part 11A.

It also means that it is no longer possible to use the term "mental illness" in the provisions of Part 11A dealing with pleas of not guilty on the grounds of mental illness. Instead, the term "mental impairment" has been substituted for "mental illness" in those provisions. The change in terminology does not affect the substance of the amended provisions.

Finally, the Bill repeals the sunset clause applying to Part 11A of the Act. The clause was included in this Part of the Crimes Act and a similar clause was put in the Mental Health Act by the Assembly when the legislation was passed in 1994. They were inserted to ensure that the provisions of the Mental Health Act and Part 11A were reviewed once the legislation had been in place for a sufficient period to enable its assessment and to avoid the legislation becoming entrenched as part of the ACT statute book without that assessment. As the legislation has now been reviewed and this Bill and the Bill amending the Mental Health (Treatment and Care) Act are a result of that review, the sunset clause is being repealed.

The Mental Health (Treatment and Care) (Amendment) Bill includes a provision requiring that the Mental Health (Treatment and Care) Act be reviewed again as soon as possible after the passage of a further 10 years from the making of the amendments contained in that Bill. Of necessity, that review will involve consideration of any interrelated provisions of Part 11A of the Crimes Act. I commend the Bill to the Assembly.

Debate (on motion by Mr Wood ) adjourned.

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