NSW Department of Justice

NSW Department of Justice: Defences and Partial Defences Consultation

MHCC has provided comment to the Defences and Partial Defences: Consultation Paper, which is part of the ongoing review of the NSW Mental Health Forensic Provisions Act. The matters discussed included issues surrounding the way ‘special verdicts’ are dealt with as well as finalising terminology that better expresses the objects of the Act.

5 Year Statutory Review: NSW Civil and Administrative Tribunal Act 2013

MHCC urged the Department of Justice to maintain a number of features to NSW Guardianship hearings which other jurisdictions in Australia have dropped. We believe these elements are critical to better enabling people with complex conditions, their families and support persons to participate in hearings; supported by tribunal members who have the skills to make […]

Definitions of Mental Health Impairment and Cognitive Impairment: Consultation Paper

MHCC provided comment to NSW Department of Justice on defining Mental Health Impairment and Cognitive Impairment, agreeing with the position that amendments to the Mental Health (Forensic Provisions) Act 1990 should not specifically refer to personality disorders as either in or out, to avoid excluding people from genuinely needed opportunities to be diverted or to receive […]

Department of Justice: Review of draft Regulations related to the Mental Health (Forensic Provisions) Amendment (Victims) Bill 2018

MHCC commented on draft regulations that underpin the Specialist Victims Register and victim impact statements. Changes allow victims to be notified and heard more effectively in Tribunal hearings.

Department of Justice: Review of the Disability Inclusion Action Plan

MHCC responded to review of section 12 of the Disability Inclusion Act which requires public authorities to develop a Disability Inclusion Action Plan, to ensure people with disability have access to Department of Justice services and full participation in the community. MHCC supports the rights of people with disability to participate in society, access information, […]

NSW Department of Justice: Mental Health (Forensic) Provision Amendment (Victims) Bill 2018

The principle concern raised in MHCC’s submission is that the Bill provides for a broader power for victims of forensic patients beyond what are the equivalent rights for victims of sentenced prisoners. We also provided some recommendations concerning language to be amended in line with contemporary ‘recovery’ terminology.

Mental Health and Cognitive Impairment Forensic Provisions Bill 2018 (NSW): Second Draft Proposals

MHCC commented that the language of the draft is not recovery-oriented, yet we support identification of people living with mental health conditions and people with cognitive impairments as two distinct groups, so that defendants receive appropriate support.