Terms of Reference
Participants
Submissions

1. INTRODUCTION
OVERVIEW
THE COMMISSION’S REFERENCE
The terms of reference
The conduct of the reference to date
The scope of the reference

Juveniles
Aborigines
Normalisation

2. DEFINITIONS OF INTELLECTUAL DISABILITY
INTRODUCTION
STATUTORY DEFINITIONS OF INTELLECTUAL DISABILITY IN NSW
The Crimes Act
Other statutes
OPERATIONAL DEFINITIONS
CLINICAL DEFINITIONS
ADVANTAGES AND DISADVANTAGES OF UNIFORMITY
QUESTIONS FOR DISCUSSION
Footnotes

3. CRIME AND PEOPLE WITH AN INTELLECTUAL DISABILITY
INTRODUCTION
AS OFFENDERS
Crimes commited by people with an intellectual disability
AS VICTIMS
Crimes committed against people with an intellectual disability

Fraud
Sexual assault

4. POLICE
INTRODUCTION
THE POLICE COMMISSIONER’S INSTRUCTIONS
IDENTIFICATION
POLICE TRAINING
POLICE QUESTIONING
The Police Caution
Confessions
THE DECISION TO CHARGE
BAIL
POLICE CUSTODY
THE POSITION IN OTHER JURISDICTIONS
Victoria
England and Wales
QUESTIONS FOR DISCUSSION
Footnotes

5. COURTS
INTRODUCTION
LEGAL REPRESENTATION
Interviewing clients with an intellectual disability
In the courtroom
The role of the court
FITNESS TO BE TRIED
Proceedings in the Supreme and District Courts
Proceedings in the Local Courts
GIVING EVIDENCE
Competence
Interpreters and questioning
Confessions
Procedures under the Crimes Act
Other procedures
CRIMINAL DEFENCES
The defence of mental illness
QUESTIONS FOR DISCUSSION
Footnotes

6. SENTENCING, CUSTODY AND RELEASE
INTRODUCTION
SENTENCING
CUSTODIAL OPTIONS
Segregation or Integration?
New South Wales
Other Australian Jurisdictions

Victoria
Western Australia

Habitual Criminals Act 1957 (NSW)
Guardianship Orders
Parole
Preventive detention legislation

7. OTHER ISSUES
INTRODUCTION
ESTABLISHMENT OF SPECIALIST UNITS
The Present Position

The Office of the Director of Public Prosecutions
The Legal Aid Commission
The Department of Corrective Services
The NSW Police Service
The Intellectual Disability Rights Service
Other related bodies