Recommendations about people with mental impairment
177 Recommendations about people with mental impairment
This section applies if—
the Supreme Court makes an order under the Crimes Act, division 13.3 requiring a person to submit to the jurisdiction of the ACAT to enable the ACAT to make recommendations to the court about how the person should be dealt with; or
a court makes an order under the Crimes Act, division 13.5 (Referring people with mental impairment to ACAT after conviction) or division 13.6 (Summary proceedings against mentally impaired people), requiring a person to submit to the jurisdiction of the ACAT to enable the ACAT—
to determine whether the person has a mental impairment; and
if the ACAT determines that the person has a mental impairment—to make recommendations to the court about how the person should be dealt with.
After an inquiry, and as the ACAT thinks appropriate in relation to the person—
the ACAT must determine on the balance of probabilities, whether or not the person has a mental impairment; and
if the ACAT determines that the person has a mental impairment, the ACAT must make recommendations to the court about how the person should be dealt with.
This Act’s bill:Explanatory statementSecond reading speech
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