Crimes (Mental Impairment)

In August 2012 the Commission was asked to review the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (CMIA) to ensure that to ensure it operates justly, effectively and consistently with the principles that underlie it. 

The CMIA deals with cases where a person has been charged with a criminal offence and they have a mental condition, such as a mental illness, intellectual disability or other cognitive impairment to such an extent that they cannot participate in a criminal trial or be held criminally responsible. This is covered by the legal concepts of being ‘unfit to stand trial’ and being ‘not guilty because of mental impairment’. 

On 18 September 2013, the Attorney-General provided supplementary terms of reference that asked the Commission to consider the operation of the CMIA in the Children’s Court. 

The Commission published a consultation paper in June 2013 and a supplementary consultation paper addressing the newer terms of reference. 

The Commission held 55 consultations with members of the community and professionals experienced with and/or affected by the CMIA. An advisory committee of experts provided insights into how the CMIA and surrounding systems work in practice and options for reform. 34 written submissions were received.

The Commission’s report was tabled in Parliament on 21 August 2014. 

The Commission made 107 recommendations for legislative reform in the following key areas:

• revising and clarifying the legal tests for unfitness to stand trial and the defence of mental impairment, including adding a definition of mental impairment to the law


• extending the application of the law in the Magistrates’ Court and Children’s Court


• extending the role of juries in determining the defence of mental impairment and reducing complexity in the content of jury directions under the law


• improving how community interests are represented in court hearings

• improving the level of support provided to, and acknowledgment of, victims and family members in cases under the law 

• strengthening the decision making framework for review, leave and release of people subject to indefinite supervision orders

• establishing a new youth forensic facility for treating and supervising young people and a new medium-secure forensic mental health hospital

• ensuring there is equal treatment of people with an intellectual disability or other cognitive impairment under the supervision regime.

The report and consultation papers can be downloaded from the links below.

How does the CMIA Act work? Watch this video.

 

 

 

Timeline

Current: Table in parliament

Full timeline:

Reference
Consultation
Submissions
Final report
Tabled in parliament
View full timeline

Project Publications

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Report (pdf)

The Commission has published its report on the Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (CMIA). The report was...

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Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - Report (html)

The Commission has published its report on the Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (CMIA). The report was...

Read more here

Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper (html)

This project is now complete. The consultation paper concerns the Crimes (Mental Impairment and Unfitness to be Tried) Act. The consultation paper...

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Crimes (Mental impairment): Received submissions

The Commission received 34 submissions in response to the consultation paper and supplementary consultation paper for the Review of the Crimes (...

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Crimes (Mental Impairment): Consultation Paper - Easy English version

This is an Easy English version of the consultation paper for the review of the Crimes (Mental Impairment and Unfitness to be Tried) Act.

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Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper (pdf)

This project is now complete. The consultation paper concerns the Crimes (Mental Impairment and Unfitness to be Tried) Act. The consultation...

Read more here

Crimes (Mental Impairment): Factsheet

This fact sheet covers the basic facts about the current laws relating to crimes and mental impairment in Victoria, including unfitness to be tried...

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Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and the Children's Court of Victoria: Supplementary consultation paper (pdf)

On 24 September 2013, the Commission received supplementary terms of reference from the Attorney-General for its review of the Crimes (Mental...

Read more here

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and the Children's Court of Victoria: Supplementary consultation paper (html version)

On 24 September 2013, the Commission received supplementary terms of reference from the Attorney-General for its review of the Crimes (Mental...

Read more here

Crimes (Mental Impairment): Terms of reference

Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. The Victorian Law Reform Commission is asked to review and report on the...

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