Changes to Mandatory Sentencing Laws introduced today

The Mandatory Sentencing laws introduced by the Barnett Government are set to be challenged after a Bill seeking their amendment was introduced  in to Parliament today.  The Criminal Code Amendment Bill (No 2) 2011 was today read in by Hon Alison Xamon, Greens spokesperson for Mental Health.

The Bill seeks to amend the mandatory sentencing laws introduced for assaults on public officers to ensure that they can not apply to persons whose judgement or behaviour at the time of the offence was impaired by a significant extent by mental impairment.

Ms Xamon said the changes to the laws were necessary after it came to light that some people with a mental illness had been caught by the provisions, but that of equal concern was the discovery that the carers and families of those with a mental illness no longer felt safe calling the police or an ambulance in the event of a crisis.

“There are carers and families, some quite elderly, who have the responsibility of looking after loved ones with a mental illness.  What we are finding is that many of these people are risking being assaulted themselves when their loved ones have a psychotic episode, rather than risk an inadvertent assault of a public officer and have jail be the only option for the people they are caring for.

“This is an unintended consequence of the Barnett Governments punitive approach to law and order.  These people have a right to expect that they will receive assistance in the event of a crisis and instead the system, and the laws, have failed them.

“This Bill is in no way saying that it is acceptable to assault public officers and the Government claims that since the laws were introduced assaults have gone down.  But these laws, by the Government’s own logic, can only be effective if they operate as a deterrent.  And when you are dealing with someone in the grip of psychosis clearly they are not responsible for their behaviour and the consequences.

“If the Government never intended to lock up the mentally ill then they have no excuse not to support this Bill.  Refusal to do so sends a clear message to those with a mental illness, their carers and families, that the Barnett Government is not dinkum about its support for Mental Health.

“Establishing a Minister, and a Commission is meaningless unless the Government has the fortitude to ensure the laws they introduce are consistent with a therapeutic approach for our most vulnerable citizens.

“I call on the ALP and the National Party to help to right this injustice and to support the Bill,” Ms Xamon concluded.

The Bill is intended to be brought on for debate in the Spring session of Parliament.