Criminal Law Consolidation (Mental Impairment) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 6, page 5, line 37 [clause 6(3), inserted subsection (2)]—

Delete 'caused (either wholly or in part)' and substitute 'substantially caused'

No. 2. Clause 6, page 5, after line 41—Insert:

(3) However, despite the fact that the judge is satisfied that the person's mental impairment at the time of the conduct alleged to give rise to the offence was substantially caused by self-induced intoxication, the judge may nevertheless make an order that the person be dealt with under this Part after taking into account—

(a) the time and circumstances of when and how the intoxication caused the mental impairment; and

(b) the interests of justice; and

(c) whether the making of such an order would affect public confidence in the administration of justice.

No. 3. Clause 11, page 9, after line 25 —After inserted section 269ND insert:

269NDA—Revision of Division 3A orders

(1) If a person who has been released on licence under this Division contravenes or is likely to contravene a condition of the licence, the court by which the Division 3A order was made may, on application by the Crown (which may be made, in a case of urgency, by telephone), review the order.

(2) On an application for a review being made, the court may make an interim order in such terms as the court thinks appropriate in the circumstances, including an order that the person be detained in a specified place for a specified period pending the determination of the review.

(3) After allowing the Crown and the person subject to the order a reasonable opportunity to be heard on the application for review, the court may do 1 or more of the following:

(a) confirm the present terms of the Division 3A order;

(b) amend the order by varying the conditions of the licence;

(c) revoke the order and declare the defendant to be liable to supervision under Division 4 Subdivision 2;

(d) make any further order or direction that may be appropriate in the circumstances.

No. 4. Clause 11, page 9, line 31 [clause 11, inserted section 269NE(1)]—

Delete 'has breached, or is likely to breach, a condition of the order' and substitute:

contravenes or is likely to contravene a condition of the licence

No. 5. Clause 11, page 9, after line 42 [clause 11, inserted section 269NE]—After subsection (3) insert:

(4) The progress and circumstances of a person detained under an administrative detention order must be reviewed as soon as reasonably practicable after the person is so detained—

(a) to determine whether an application should be made to the court for a review of the Division 3A order to which the person is subject; and

(b) for any other purpose as the prescribed authority thinks fit in the circumstances.

(5) Despite subsection (1), a person who has been detained under an administrative detention order cannot be detained under another such order unless a period of at least 14 days has elapsed since the expiry of the previous administrative detention order.

No. 6. Clause 17, page 13, after line 8—Before subclause (1) insert:

(a1) Section 269P(1)—after 'the Public Advocate' insert:

, the Commissioner for Victims' Rights

No. 7. Clause 22, page 14, after line 15—Before inserted subsection (2) insert:

(1a) On an application for a review being made, the court may make an interim order in such terms as the court thinks appropriate in the circumstances, including an order that the person be detained in a specified place for a specified period pending the determination of the review.

No. 8. Clause 23, page 15, after line 17 [clause 23, inserted section 269UA(5)]—After paragraph (b) insert:

(ba) the Commissioner for Victims' Rights;

No. 9. Clause 23, page 17, lines 34 and 35 [clause 23, inserted section 269UE(1)]—

Delete 'has breached, or is likely to breach, a condition of the order' and substitute:

contravenes or is likely to contravene a condition of the licence

No. 10. Clause 23, page 18, after line 8 [clause 23, inserted section 269UE]—After subsection (3) insert:

(4) The progress and circumstances of a person detained under an administrative detention order must be reviewed as soon as reasonably practicable after the person is so detained—

(a) to determine whether an application should be made to the court for a review of the supervision order or continuing supervision order to which the person is subject; and

(b) for any other purpose as the prescribed authority thinks fit in the circumstances.

(5) Despite subsection (1), a person who has been detained under an administrative detention order cannot be detained under another such order unless a period of at least 14 days has elapsed since the expiry of the previous administrative detention order.