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New laws will give mental health victims a greater say
From this week, victims of forensic patients will be allowed to make submissions in Mental Health Review Tribunal proceedings, outlining the impact a forensic patient’s leave or release would have on a victim.
Jerome Doraisamy
Attorney-General Mark Speakman and minister for mental health Tanya Davies said the new laws will enable victims to have their say in MHRT hearings for people who are detained after being found unfit to be tried, or not guilty of a crime by reason of mental illness.
“Submissions may include suggested conditions the MHRT could impose on the forensic patient to keep the community safe, such as orders preventing them from visiting certain locations and associating with specific people.”
In addition, a new Specialist Victims Support Service officially commenced this week in Parramatta, offering dedicated support to victims of violence committed by people with cognitive and mental health impairments.
The SVSS, Mrs Davies explained, will provide: a victims register through which registered victims can request to be informed of key hearing dates and case developments, private rooms where victims can attend MHRT hearings via video link, support to help victims prepare submissions to the MHRT and victim impact statements to the District and Supreme Courts, as well as support for recovery ranging from counselling to crisis supports.
“The SVSS will work with victims from an early stage in the justice process so they feel safe, understand court and MHRT hearings and can have their voices heard,” she said.
“The service will regard a victim’s privacy as paramount and won’t release their personal information to the tribunal or anyone else without the victim’s consent.”
The introduction of the SVSS is part of a major overhaul of the forensic mental health system, Mr Speakman and Mrs Davies said, and will give greater consideration to victims’ rights while maintaining fairness to people with a cognitive or mental health impairment.
Jerome Doraisamy
Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.
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