Statutory Considerations
Reviewing an Order
When reviewing a reviewable order (including a community supervision order, leave of absence order and custody order), the Tribunal must have regard to the following under section 72(1) of the Criminal Law (Mental Impairment) Act 2023:
- the degree of risk that the release or unconditional release of the supervised person appears to present to the safety of the community
- in the case of a custody order:
- the likelihood that, if released on conditions under a leave of absence order, the supervised person would be able to comply with those conditions
- the likelihood that, if so released, the supervised person would be able to take care of their day to day needs and, where relevant, obtain appropriate treatment
- whether there are facilities or services in the community for the treatment, care and support of the supervised person.
- in the case of a community supervision order or a leave of absence order:
- the supervised person’s ability to comply with the conditions of the order
- the supervised person’s ability to take care of their day-to-day needs and, where relevant, obtain appropriate treatment.
- the extent to which the supervised person’s mental impairment might benefit from, or is benefitting from, particular treatment, training or other measures
- the principle of imposing the least possible restriction on the freedom of the supervised person that is consistent with the need to protect the community
- any statement received from or on behalf of the supervised person
- a victim impact statement or a victim’s submission under Part 9 that was given or made in respect of the supervised person
- any advice from a person with knowledge of issues relating to persons of the cultural background of the supervised person
- any information received by the Tribunal under section 48, 122, or 204(4)
- in the case of a supervised person who is a child – the child-specific considerations
- in the case of a supervised person who is a child in the care of the CEO (Community Services) – any submission made by that CEO for the purposes of the review.
Paramount Consideration
The paramount consideration of the Act is the protection of the community.
Supervising Officer
Under section 99 of the Act, the Tribunal is to appoint a supervising officer for each supervised person. The function of the supervising officer is:
- assisting in the determination of appropriate considerations for the supervised person
- supervising, at the direction of the Tribunal, the supervised person, which includes giving lawful directions to the supervised person
- reporting to the Tribunal about the supervised person in accordance with the directions of the Tribunal.
When appointing a supervising officer, the Tribunal must be satisfied that the person designated is suitability qualified and experienced.
Review and appeals against certain decisions
If a reviewable decision is made about a supervised person, the person, their representative or their legal practitioner may, within 28 days after the day on which the decision is made, request the Tribunal to review the decision. A request for review must:
- be in writing
- state the grounds for the request
- include any submissions that the applicant wants to make to the Tribunal about the decision.
Once a request for review is made, the Tribunal must:
- consider any submissions included with the request
- review the decision within 28 days after the day on which the request is made
- do one of the following:
- confirm the decision
- vary the decision
- cancel the decision and make another decision
- cancel the decision and refer the matter to the Tribunal that made the decision for further consideration.
At the meeting where the request for review is considered, the Tribunal must be constituted by the President or Deputy President of the Tribunal who is an experienced lawyer.
After the application is reviewed, the Tribunal must give the applicant written notice of the decision, with the reasons for the decision.
Last updated: 23 August 2024