Recommendation 194
Australian governments are working together through the Council of Attorneys-General (formerly the Law, Crime and Community Safety Council) to improve the way the criminal justice system treats people with cognitive disability who are unfit to plead or found not guilty by reason of mental impairment. A working group was established to collate existing data across jurisdictions and develop resources for national use on the treatment of people with cognitive disability or mental impairment who are unfit to plead or found not guilty by reason of mental impairment. At the October 2016 meeting, the working group presented findings on existing data relating to fitness to stand trial, the defence of mental impairment and interstate forensic transfers.
The working group developed a National Statement of Principles Relating to Persons Unfit to Plead or Found Not Guilty by Reason of Cognitive or Mental Health Impairment (National Principles). The draft National Principles recognise the rights of persons with cognitive or mental health impairments and seek to identify safeguards throughout the legal process and periods where a person is subject to orders. In June 2018 the Council of Attorney's General considered a revised version of the draft and agreed to consider the National Principles at their next meeting in 2018.
The Australian Senate completed an inquiry into the Indefinite detention of people with cognitive and psychiatric impairment in Australia on 29 November 2016. The Australian Government is considering the Inquiry's recommendations.
States and territories have primary responsibility for criminal justice, including adult and juvenile corrections and forensic mental health.
For information about state and territory corrective services, visit:
- Australian Capital Territory – ACT Corrective Services
- New South Wales – Corrective Services NSW
- Northern Territory – Northern Territory Correctional Services
- Queensland – Queensland Corrective Services
- South Australia – Department for Correctional Services
- Tasmania – Corrective Services
- Victoria – Corrections, Prisons and Parole
- Western Australia – Department of Corrective Services