Attorney-General Mark Speakman and minister for mental health Bronnie Taylor said the language change will come under new forms designed to provide better support for victims and drive down reoffending, while also providing a consistent approach for people with cognitive and mental health impairments.

The reforms, which complement the NSW government’s $85 million investment in the Specialist Victims Support Service, will see the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 replace the Mental Health (Forensic Provisions) Act 1990 after consultations with victims, legal experts and advocates. 

The new verdict for defendants who are found not guilty despite the court finding they did carry out the offence will now be recorded as “act proven but not criminally responsible”, which Mr Speakman said should better “acknowledge the impact of the defendant’s actions on victims and their families”. 

“It can be painful for victims and their families to hear a mentally ill defendant is ‘not guilty’, despite the court finding they committed the act,” Mr Speakman said. 

The reforms have also introduced improvements to streamline forensic mental health systems, ensuring community safety is paramount while providing appropriate responses for offenders with mental health or cognitive impairment. 

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“Magistrates have now increased oversight powers to ensure risks to victims and the community are managed. Defendants with mental health or cognitive impairments who’ve committed minor offences now have access to treatment and support, which has been shown to reduce the risk of reoffending,” Mr Speakman said. 

Ms Taylor added that the reforms will provide a consistent approach for people with such impairments: “This is a complex area of the legal system and these reforms respond to the needs of defendants with serious mental health or cognitive impairment as well as the needs of victims.”