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Crimes Act 1961
Section 23 of the Crimes Act 1961 sets out the conditions that apply to a defence of insanity.
Criminal Procedure (Mentally Impaired Persons) Act 2003
The purpose of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is to 'restate the law formerly set out in Part 7 of the Criminal Justice Act 1985 relating to mentally disordered persons who are involved in criminal proceedings, and to make a number of changes to that law,' including changes to:
- provide the courts with appropriate options for the detention, assessment, and care of defendants and offenders with an intellectual disability
- provide that a defendant may not be found unfit to stand trial for an offence unless the evidence against the defendant is sufficient to establish that the defendant caused the act or omission that forms the basis of the offence.
Criminal Procedure (Mentally Impaired Persons) Act 2003
Intellectual Disability (Compulsory Care & Rehabilitation) Act 2003
The purposes of the Intellectual Disability (Compulsory Care & Rehabilitation) Act 2003 are:
- to provide courts with appropriate compulsory care and rehabilitation options for persons who have an intellectual disability and who are charged with, or convicted of, an offence; and
- to recognise and safeguard the special rights of individuals subject to this Act; and
- to provide for the appropriate use of different levels of care for individuals who, while no longer subject to the criminal justice system, remain subject to this Act.
Intellectual Disability (Compulsory Care & Rehabilitation) Act 2003
Land Transport Act 1998
The key areas of relevance from the Land Transport Act 1998 are the provisions concerning drivers’ licences for patients under the Mental Health (Compulsory Assessment & Treatment) Amendment Act 1999.
Directors of Area Mental Health Services (DAMHS) are responsible for retaining the suspended driver licences of special patients and patients subject to compulsory inpatient orders, under section 19 of the Act.
DAMHS are also responsible for returning licences to patients and for forwarding licences to the Director of Land Transport when a patient ceases to be a special patient or subject to a compulsory inpatient order. Licences are returned by DAMHS temporarily where patients are certified fit to drive on leave.
Mental Health (Compulsory Assessment & Treatment) Act 1992
The Mental Health (Compulsory Assessment and Treatment) Act 1992 provides for the compulsory assessment and treatment of people who are considered to be 'mentally disordered' within the meaning of the Act.
See also: Guidelines to the Mental Health (Compulsory Assessment and Treatment) Act 1992
Mental Health (Compulsory Assessment & Treatment) Act 1992
Mental Health (Compulsory Assessment & Treatment) Amendment Act 1999
The Mental Health (Compulsory Assessment & Treatment) Amendment Act 1999 came into force from 1 April 2000.
Mental Health (Compulsory Assessment & Treatment) Amendment Act 1999
Misuse of Drugs Act 1975
Section 24 of the Misuse of Drugs Act 1975 relates to the treatment of people dependent on controlled drugs.
Misuse of Drugs 1975 - Section 24
Victims’ Rights Act 2002
Section 37 of the Victims’ Rights Act 2002 concerns notice to be given to registered victims of the discharge, leave or escape, or death of an accused or offender who is compulsorily detained in a hospital.
