Tuesday, 17 March 2020

Crimes (Mental Impairment and Unfitness to be Tried) Amendment Bill 2020

Introduction and first reading

Ms HENNESSY (Altona—Attorney-General, Minister for Workplace Safety) (13:03): I move:

That I introduce a bill for an act to amend the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to implement recommendations of the Victorian Law Reform Commission arising from its review of that act, to amend that act and the Mental Health Act 2014 to transfer functions of the Forensic Leave Panel to the Mental Health Tribunal, to amend the Disability Act 2006 in relation to custodial supervision orders, to consequentially amend other acts and for other purposes.

Motion agreed to.

Mr SOUTHWICK (Caulfield) (13:03): Could I ask the Attorney-General for a brief explanation of the bill?

Ms HENNESSY: I would be delighted to. The bill in responding to various recommendations of the Victorian Law Reform Commission codifies the common-law definition of mental impairment. It provides some clarifying language around the tests that are used in respect of evidence and declarations of an unfitness to be tried. There are various court process improvements that are contained in the bill. The bill also seeks to provide and improve the system, acknowledging the difference between those that might be intellectually disabled offenders from those that are mentally ill. It also improves the recognition of victims’ interests—for example, through allowing victim reports to be read in court—and provides for improved victim notification.

Read first time.

Ordered to be read a second time tomorrow.