The bill will directly respond to issues raised with the Government recently around social media use by forensic patients and the decision process for granting of forensic patient leave.
The NSW Government’s bill will require oversight of leave for forensic patients by judicial officers, where currently members of the tribunal without a legal background have the capacity to approve leave.
Under proposed changes, decisions regarding leave, other than escorted leave, will require current or former judicial officers to be part of the decision-making panel. This change will be made through an amendment to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
The Government will also seek to make it clear the tribunal may impose conditions to restrict or prohibit forensic patient’s access to social media or other forms of online communication while on leave or release.
While there are currently no restrictions on the types of conditions that can be imposed for release and leave orders, social media and other online communication are not directly referenced. The explicit inclusion of social media as something to be considered for restriction reflects community expectations that it be addressed by the tribunal, in the same way alcohol, drug testing and travel restrictions are when making leave or release decisions.
These changes are part of the NSW Government’s ongoing work to ensure the state’s forensic system is accountable and reflects the feedback generously provided by those with a lived experience. This follows the $2.4 million recent investment in the Mental Health Review Tribunal to enable it to improve records, upgrade IT systems and develop a new case management system.
The NSW Government will continue to explore avenues to improve and strengthen the Mental Health Review Tribunal in consultation with stakeholders, experts and those with a lived experience in this space.
Attorney General, Michael Daley said:
“I am very keen to make sure that victims of crime are better served by the justice system.
“The Government understands that victims have endured pain and distress and we need to ensure that all aspects of the justice system operate in a way that eases their suffering.
“I believe these changes will provide a better level of support for victims and their families.”
Minister for Mental Health, Rose Jackson said:
“I want to sincerely thank those who engaged with the Government on the need for this change, particularly Rebekah Porter and all families of victims. Your strength in advocating for change in the face of heartbreak is incredible.
“Thank you also to my parliamentary colleague Phil Donato for helping lead the way and being a strong advocate for his community.”
Member for Orange, Philip Donato MP said:
“I welcome this decision of the government to reform legislation, ensuring that judicial officers will be empowered to make these important judicial decisions.
“I thank Minister Jackson for her prompt response, and for initiating this reform to better reflect community expectation and providing additional safety measures,”
