Correctional Services, Forensic Patients

The Hon. S.G. WADE (14:25): I seek leave to make a brief explanation before asking the Minister for Correctional Services questions about forensic patients in correctional facilities.

Leave granted.

The Hon. S.G. WADE: On 4 August 2016, the minister advised the council that 15 forensic patients were being held in South Australian prisons as of 29 June 2016. That information was provided as part of the minister's response to a series of questions that I put to him in relation to the detaining of forensic mental health patients in South Australian correctional facilities pursuant to section 269V of the Criminal Law Consolidation Act 1935.

The minister took my questions on notice and also those of my colleague the Hon. Kelly Vincent and gave a commitment to provide answers as soon as possible. More than eight months later, those answers have not been provided. My questions to the minister are:

1. How many forensic mental health patients are currently being detained in a South Australian correctional facility pursuant to section 269V of the Criminal Law Consolidation Act 1935?

2. How long have each of these patients been held in the facility?

3. When does the minister expect to be in a position to be able to provide a response to the questions of both myself and the Hon. Kelly Vincent taken on notice on 4 August 2016?

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:26): I will get to the questions the honourable member has asked but I will first provide a bit of context. Part 8A of the Criminal Law Consolidation Act 1935 deals with mental impairment, including the making of supervision orders and limiting terms. A defendant committed to detention under this part of the act is referred to as a forensic patient and is placed in the custody of the Minister for Mental Health and Substance Abuse.

A forensic patient is ordinarily detained to a secure mental health facility such as James Nash House; however, the Minister for Mental Health and Substance Abuse has a power under section 269V of the Criminal Law Consolidation Act to determine that the forensic patient be placed in a DCS prison. Persons detained to a prison in the above circumstances can present significant challenges to the department due to their multiple and complex needs. Often the person detained has a cognitive disability, an intellectual disability or an acquired brain injury, for instance, and/or psychiatric disability that heightens the risk to the person whilst in custody.

In answer to the honourable member's question regarding numbers, I am in a position to confirm that I am advised that as of 9 February 2017 there were 10 forensic patients held in prison under a ministerial direction but, of course, the number of forensic patients within the Department for Correctional Services custody fluctuates from time to time. The most recent figure I have available, as I am advised, is 10 as at 9 February this year.

Despite the challenges, the Department for Correctional Services remains committed to a collaborative approach with the forensic mental health service in relation to the management of forensic patients and the implementation of appropriate transition planning.

The PRESIDENT: Supplementary, the Hon. Mr Wade.