De facto life sentences for the mentally ill: Have we moved on?
The Hon Greg James QC
Mr James will present a summary of the Review and Recommendations made by Hon Greg James QC of the operation of the NSW Forensic Mental Health System and the treatment of the mentally ill in the justice system. Mr James will also give an account of the proceedings of the NSW Law Reform Commission work on the concepts of mental illness and unfitness for trial and the Court processes.
http://www.health.nsw.gov.au/pubs/2007/forensic_review.html
Biography
Mr James was formerly a Judge of the New South Wales Supreme Court and Royal Commissioner. Presently an Adjunct Professor at the School of Law Southern Cross University and Visiting Professor and Chair of the Curriculum Committee at the Law School University of Western Sydney. He is also President of the New South Wales Mental Health Review Tribunal. In that capacity he is charged with enquiring into the care, detention and treatment of all persons suffering mental disorder who must be detained or treated involuntarily, heading a Tribunal of approximately 100 professional members conducting about 10,500 hearings per year. He has recently completed an enquiry commissioned by the Government into the New South Wales Criminal Procedure Provisions relating to the treatment of people suffering from mental disorders in the Justice system and as one of the Law Reform Commissioners presently conducting an enquiry into the law and procedure concerning those with cognitive deficits or mental disorders including as to the sentencing of such people.
Mr Steve Mark
Unlike most other advanced countries and most of the other States in Australia, New South Wales does not have a comprehensive forensic mental health service. NSW has several hospital wards, which offer very limited places to treat people determined to be forensic patients as well as an informal transfer system to transfer forensic patients to lower security rehabilitation hospitals and to community forensic mental health facilities but that is all.
Costing the state an estimated $60,000 per annum, yet failing to rehabilitate, offenders with mental illness frequently find themselves in a revolving door of offending and prison. Steve Mark will discuss why social construction that currently exists for the treatment of forensic patients is failing.
Steve Mark will outline a proposed new model to ensure that people with a mental illness are not confined and incarcerated in situations that exacerbate their condition The proposed model is holistic in nature and recognises the human rights of the mentally ill, ensures adequate and appropriate health care, encourages diversionary programs to reduce recidivism and ensures that the community is adequately protected. To function effectively the model requires a cooperative approach to the treatment of forensic patients by the police, the courts, and the community. The model should be available and readily accessible within all metropolitan, regional and rural geographic areas as well as indigenous communities.
Biography
Steve Mark is a lawyer by profession, and is presently the New South Wales Legal Services Commissioner. He is Chairman of the Australian Section of the International Commission of Jurists (“ASICJ”) and was President of the New South Wales Anti-Discrimination Board from 1988 to 1994. During 1999 Steve participated in the Sydney Leadership program founded by the Benevolent Society of New South Wales. He is a director of Indigenous Festivals Australia. This company produces a number of festivals, known as “Croc Festivals” throughout Australia. Steve was awarded an Honorary Doctorate of Laws at Macquarie University in October 2000. Steve is also a director of Midnight Basketball, which produces basketball competitions for “at risk” street kids.
A/Prof John Basson
Biography
Educated in England, studied Medicine and Psychiatry in Scotland. Consultant in Forensic Psychiatry in Edinburgh 1978-88; Principal
medical officer in Mental health in Scotland 1988-1996; Medical Director of Broadmoor High Security Hospital 1996-2002; Clinical Director in
forensic Psychiatry in South London 2002-2004. Statewide Director Forensic Mental Health in NSW 2004-present. Chief Psychiatrist Mental health and Drug and Alcohol Office 2005-2008(part-time).
Dr Michael Giuffrida