Criminal Law Consolidation (Mental Impairment) Amendment Bill

Committee Stage

In committee.

(Continued from 16 February 2017.)

Clause 2.

The Hon. P. MALINAUSKAS: I was hoping that I could take the opportunity to speak to a number of questions taken on notice during clause 1, with the leave of the committee, and respond accordingly.

Leave granted.

The Hon. P. MALINAUSKAS: I take this opportunity to address the questions that were taken on notice on the previous occasion. The Hon. Mr Wade and the Hon. Ms Vincent both sought clarification on whether people who suffer from alcohol-induced brain injury would be unable to utilise part 8A as a result of the government's proposed amendments to the act. My advice is that a person suffering from an alcohol-related brain injury would not be able to rely on the provisions contained within part 8A. As the mental impairment was caused by self-induced intoxication, it is irrelevant whether the person was intoxicated at the time of the alleged offending.

The Hon. Mr Wade and the Hon. Ms Vincent both also sought clarification about whether people suffering from the effects of foetal alcohol syndrome would be affected because of the reference in the bill to the 'self-induced intoxication'. I can advise honourable members and the council that foetal alcohol syndrome is not self-induced, and therefore a person suffering from this disorder would not be prohibited from utilising the provisions in part 8A as a result of proposed amendments to the act by the bill currently before the house.

The Hon. M.C. PARNELL: I thank the minister for those answers. Whilst they were not questions asked directly by me, they were questions that I chose not to ask because others had asked them. My understanding is that negotiations are still underway between the government and, perhaps, the Hon. Kelly Vincent in relation to her amendments. If that is the case, then my understanding is that we would not be proceeding too much further today.

The Hon. P. MALINAUSKAS: I am happy to disclose to the house that Mr Parnell's description of the status of where things are at is accurate.

The Hon. M.C. PARNELL: If no other members have anything to say, I might move that we report progress.

Progress reported; committee to sit again.