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People with Intellectual Disabilities at Risk - Terms of Reference

The Victorian Law Reform Commission will:

1.         Review existing provisions for the compulsory treatment and care of persons with an intellectual disability who are at risk to themselves and the community; and

2.         Make recommendations on the development of an appropriate legislative framework for that compulsory treatment and care.

The legislative framework should include, amongst other things:

• the principles and objectives under which compulsory treatment and care would occur;
• the process for approving a facility where compulsory treatment and care can occur;
• the process for admission to such a facility;
• the process for routine and independent review that results in an enforceable decision;
• the process that a person can access to initiate a review;
• the definition of restraint and seclusion, the situations in which it can be applied and relevant reporting requirements; and
• whether there is a need for community based compulsory treatment and care.

In undertaking this reference, the commission should have regard, amongst other things, to:

• the relevance of the legislative framework to people with other cognitive impairment such as acquired brain injury and dual disability (mental illness and intellectual disability)
• the relevance of whether a court order is present or not; and
• the process of transfers within the criminal justice system and between the criminal justice system and disability services.