Report

Indefinite detention of people with cognitive and psychiatric impairment in Australia

29 November 2016

© Commonwealth of Australia 2016
ISBN 978-1-76010-482-5

View the report as a single document - (PDF 2655KB)


View the report as separate downloadable parts:

MEMBERSHIP OF THE COMMITTEE (PDF 26KB)
ABBREVIATIONS (PDF 22KB)
LIST OF RECOMMENDATIONS (PDF 80KB)
Chapter 1 - Introduction (PDF 74KB)

Structure of the report
Definitions
The inquiry

Chapter 2 - Forensic or criminal orders—statistics, legislation and reviews (PDF 490KB)

Introduction
How do people end up in indefinite detention
Statistics
Who are the people indefinitely detained?
Relevant legislation and reviews
International obligations
Reviews of forensic and criminal mental health legislation
Concluding comments

Chapter 3 - Sentencing and access to justice (PDF 230KB)

Introduction
Current sentencing practice that leads to indefinite detention
Legal capacity and support to engage with the court system
Limiting terms
Screening and diagnostic tools
Review of forensic orders
Concluding committee view

Chapter 4 - The inappropriate use of prison for forensic patients (PDF 80KB)

Experience of prison for people with cognitive and psychiatric impairment
Therapeutic and behavioural treatment options in prison

Chapter 5 - Pathways to supported living within the community (PDF 635KB)

Introduction
Failure to plan
The responsible department
Culturally appropriate care
An early intervention approach
Concluding committee view (Chapter 5)
Conclusions—forensic orders (Chapters 2–5)

Chapter 6 - Involuntary treatment orders—statistics, legislation and reviews (PDF 125KB)

Introduction
The mental health pathway to indefinite detention
Declared mental health facilities
Involuntary mental health orders
Reviews of involuntary mental health order legislation
Committee view

Chapter 7 - Involuntary mental health orders (PDF 163KB)

Risk approach to controlled orders
Legal capacity and Advance Directives
Review mechanisms
Transition back to community

Chapter 8 - Disability, guardianship and aged-care detention (PDF 143KB)

Introduction
Disability detention
Guardianship
Restrictive practice
Aged care
Concluding committee view

Chapter 9 - Recommendations (PDF 80KB)

The Australian Government's role
Committee recommendations arising from the abuse inquiry
New recommendations—Forensic orders
New recommendations—civil systems

APPENDIX 1 - Submissions and additional information received by the Committee (PDF 28KB)
APPENDIX 2 - Public hearings (PDF 21KB)
APPENDIX 3 - Summary of key recommendations from previous reports (PDF 100KB)

Community Affairs Committee
Australian Law Reform Commission
Australian Human Rights Commission
Productivity Commission

APPENDIX 4 - Summary of committee site visits related to the inquiry (PDF 883KB)

Introduction
Description of the facility
Placements in the facility
Support provided in the DJC and pathways to the community
Progress so far
Acknowledgements
Introduction
Complex Behaviour Unit
Transition to the Step-Down Cottages
Acknowledgements
Introduction
Alice Springs Correctional Centre – G Block (John Bens Unit)
Transition to the Secure Care Facility
Acknowledgements

Committee Secretariat contact:

Committee Secretary
Senate Standing Committees on Community Affairs
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3515
Fax: +61 2 6277 5829
community.affairs.sen@aph.gov.au