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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-07-06 Daily Xml
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Prisoner Support and Treatment

The Hon. S.G. WADE (14:58): I seek leave to make a brief explanation before asking the Minister for Correctional Services questions in relation to mental health patients in correctional facilities.

Leave granted.

The Hon. S.G. WADE: A family member of a person with mental health issues has sought the assistance of one of my lower house colleagues. I am advised that the mental health patient is an adult woman who has been held in the state's Women's Prison in relation to a traffic matter on which she had been declared unfit to plead. My questions to the minister are:

1. Can the minister explain why a person declared unfit to plead would be held in the Women's Prison?

2. Is it normal practice for a mental health patient who has been declared unfit to plead to be held in a correctional facility when forensic mental health facilities are full and, if so, how often does that happen?

3. How many other people who have been declared unfit to plead are currently being held in the state's correctional facilities?

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:59): I thank the honourable member for their question. I am familiar with the inquiries that have been made by the member for Bragg, the member for Bragg's inquiries.

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 is referred to as a forensic patient and is placed into 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 the power, under section 269V of the act, to determine that the forensic patient be placed in a facility run by the Department for Correctional Services.

Persons detained in a prison in the above circumstance can present significant challenges to the department due to their multiple and complex needs. Often, the persons detained have a cognitive disability (such as an intellectual disability or an acquired brain injury) and/or psychiatric disability that heightens the risk to the person whilst in custody. As of 29 June this year, I am advised that there are 15 such forensic patients currently in the custody of DCS. The number of forensic patients within DCS does fluctuate from time to time.

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. All forensic patients are regularly reviewed by the visiting psychiatrist. The service works in conjunction with the department and the South Australian Prison Health Service.

There are also cross-agency meetings and an oversight committee which was established to improve the coordination and delivery of services to forensic patients who are in the custody of the Department for Correctional Services. This committee includes representation from Department for Correctional Services, the Forensic Mental Health Service, the South Australian Prison Health Service and the Office of the Chief Psychiatrist.

The PRESIDENT: Supplementary, Hon. Mr Wade?

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