Submissions

Submissions received by the Committee

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No.Submitter 
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 71 items in 4 pages
1Mr Geoffrey Bird (PDF 130 KB) 
2Russell Family Fetal Alcohol Disorders Association (PDF 216 KB) 
3Confidential
4Australian Law Reform Commission (PDF 226 KB) 
5Melbourne Social Equity Institute and Hallmark Disability Research Initiative (PDF 994 KB) 
6Australian Human Rights Commission (PDF 327 KB) 
7Queensland Advocacy Incorporated (PDF 819 KB) 
8Professor Harry Blagg, Dr Tamara Tulich and Ms Zoe Bush (PDF 9182 KB)  Attachment 1 (PDF 155 KB) 
9Sisters Inside (PDF 129 KB) 
10Legal Aid Western Australia (PDF 524 KB) 
11Dr Janet Hammill (PDF 245 KB)  Attachment 1 (PDF 309 KB)  Attachment 2 (PDF 237 KB)  Attachment 3 (PDF 215 KB)  Attachment 4 (PDF 9299 KB)  Attachment 5 (PDF 192 KB)  Attachment 6 (PDF 213 KB)  Attachment 7 (PDF 188 KB)  Attachment 8 (PDF 834 KB)  Attachment 9 (PDF 106 KB)  Attachment 10 (PDF 217 KB)  Attachment 11 (PDF 69 KB) 
12Australian Medical Association (PDF 191 KB)  Attachment 1 (PDF 148 KB)  Attachment 2 (PDF 1009 KB) 
13Mental Health Review Tribunal (PDF 127 KB) 
14Australian College of Mental Health Nurses; Congress of Aboriginal and Torres Strait Islander Nurses and Midwives; and Australian College of Nursing (PDF 273 KB)  Attachment 1 (PDF 217 KB) 
15National Mental Health Commission (PDF 569 KB) 
16Carers NSW (PDF 169 KB) 
17Royal Australian and New Zealand College of Psychiatrists (PDF 2873 KB) 
18Criminal Lawyers Association of the Northern Territory (PDF 201 KB) 
19Professor Richard Fleming (PDF 2587 KB) 
20Victorian Ombudsman (PDF 180 KB)  Attachment 1 (PDF 895 KB) 

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About this inquiry

At the dissolution of the Senate and the House of Representatives on 9 May 2016 for a general election on 2 July 2016, the parliamentary committees of the 44th Parliament ceased to exist. Therefore inquiries that were not completed have lapsed and submissions cannot be received.  However, information about the inquiries is still available on this website. 

Information on this committee in the 45th Parliament will be presented here as soon as it is available.    


On 2 December 2015, the Senate referred the following matter to the Senate Community Affairs References Committee for inquiry and report:

  1. The indefinite detention of people with cognitive and psychiatric impairment in Australia, with particular reference to:
    1. the prevalence of imprisonment and indefinite detention of individuals with cognitive and psychiatric impairment within Australia;
    2. the experiences of individuals with cognitive and psychiatric impairment who are imprisoned or detained indefinitely;
    3. the differing needs of individuals with various types of cognitive and psychiatric impairments such as foetal alcohol syndrome, intellectual disability or acquired brain injury and mental health disorders;
    4. the impact of relevant Commonwealth, state and territory legislative and regulatory frameworks, including legislation enabling the detention of individuals who have been declared mentally-impaired or unfit to plead;
    5. compliance with Australia’s human rights obligations;
    6. the capacity of various Commonwealth, state and territory systems, including assessment and early intervention, appropriate accommodation, treatment evaluation, training and personnel and specialist support and programs;
    7. the interface between disability services, support systems, the courts and corrections systems, in relation to the management of cognitive and psychiatric impairment;
    8. access to justice for people with cognitive and psychiatric impairment, including the availability of assistance and advocacy support for defendants;
    9. the role and nature, accessibility and efficacy of programs that divert people with cognitive and psychiatric impairment from the criminal justice system;
    10. the availability of pathways out of the criminal justice system for individuals with cognitive and psychiatric impairment;
    11. accessibility and efficacy of treatment for people who are a risk of harm to others;
    12. the use and regulation of restrictive practices and their impact on individuals with cognitive and psychiatric impairment;
    13. the impact of the introduction and application of the National Disability Insurance Scheme, including the ability of individuals with cognitive and psychiatric impairment to receive support under the National Disability Insurance Scheme while in detention; and
    14. the prevalence and impact of indefinite detention of individuals with cognitive and psychiatric impairment from Aboriginal and Torres Strait Islander and culturally and linguistically diverse backgrounds, including the use of culturally appropriate responses.
  2. That for the purposes of this inquiry:
    1. indefinite detention includes all forms of secure accommodation of a person without a specific date of release; and
    2. this includes, but is not limited to, detention orders by a court, tribunal or under a disability or mental health act and detention orders that may be time limited but capable of extension by a court, tribunal or under a disability or mental health act prior to the end of the order.

Submissions were sought by 8 April 2016.  The reporting date is 30 July 2016.



Past Public Hearings

29 Apr 2016: Melbourne
23 Mar 2016: Brisbane

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Inquiry Status

Inquiry lapsed

Accessibility

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