Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the Attorney General, the Hone P E J Collins QC, referred, by letter received on the 30 September 1991, the following matter to the Law Reform Commission for report by 30 November 1992.

To inquire into and review the law and practice relating to the treatment of the intellectually disabled in the criminal justice system and matters incidental thereto; and in particular, without affecting the generality of the foregoing, to consider -

(a) whether there should be a new uniform statutory definition of “intellectual disability”;

(b) whether, and to what extent, the intellectually disabled should be diverted from the criminal justice system, including consideration of the custodial and non-custodial alternatives to the sentencing and detention of the intellectually disabled;

(c) the treatment of intellectually disabled persons in police custody and in prison;

(d) the release from custody into the community of intellectually disabled persons considered dangerous;

(e) whether specialist units should be established within the Office of the Director of Public Prosecutions, the Legal Aid Commission, the Corrective Services Commission, the Police Service and other related bodies, to deal with the intellectually disabled; and

(f) in so far as the law and practice relating to the treatment of the intellectually disabled is relevant to the treatment of the mentally ill in the criminal justice system, whether any recommendations should also be made in relation to the mentally ill.

The Law Reform Commission is constituted by the Law Reform Commission Act 1967 (NSW). For the purpose of this reference, the Chairman, in accordance with the Act, created a Division comprising the following members of the Commission:

The Hon R M Hope QC
Professor David Weisbrot
Professor Brent Fisse
Ms Clare Petre
Ms Jane Stackpool

Executive Director

Mr Peter Hennessy

Ms Leonie Armstrong

Ms Stephanie East
Ms Jane Eccleston
Ms Cathleen Sherry

Ms Beverley Caska

Ms Julie Freeman

Ms Zoya Howes
Mrs Shirley Lucke

Professor Susan Hayes
Mr Mark Ireace

The Commission seeks submissions on the issues raised in this paper before 24 July 1992. Suggestions for further issues which should be considered are also welcome. Following consideration of the submissions received a Discussion Paper, setting out specific proposals for reform, will be released for further comment.

All enquiries and submissions should be directed to:

Mr Peter Hennessy
Executive Director
New South Wales Law Reform Commission
GPO Box 5199
SYDNEY NSW 2001

[DX 1227 SYDNEY]

Fax: (02) 247 1054
Ph: (02) 252 3855

If you would like your submission to be treated as confidential, please indicate this on your submission.