Supplementary Order Paper No 98

No 98

House of Representatives

Supplementary Order Paper

Tuesday, 23 November 2021

Rights for Victims of Insane Offenders Bill

Proposed amendments

Hon Louise Upston, in Committee, to move the following amendments:

Clause 7A: new section 33C

In clause 7A, new section 33C(2), delete “, or giving information relevant to,” (page 8, line 31).

Clause 8B: new section 50

In clause 8B, new section 50(c), replace “section 45” (page 11, line 8) with “an order made under section 45”.

Clause 8B: new section 50C

In clause 8B, new section 50C(2), delete “, or giving information relevant to,” (page 12, lines 10 and 11).

Clause 8B: new section 50F

In clause 8B, new section 50F(1), replace 50B (page 13, line 24) with 50A.

Clause 8D: new section 52C

In clause 8D, new section 52C(2), delete “, or giving information relevant to,” (page 15, lines 1 and 2).

Clause 8D: new section 52F

In clause 8D, new section 52F(1), replace sections 52B to 52E (page 16, line 11) with sections 52 and 52B to 52E.

Clause 11: new section 3AAA

In clause 11, new section 3AAA, delete “, or giving information relevant to,” (page 17, lines 8 and 9).

Clause 11A

In clause 11A, replace Part 1 of the Schedule (page 17, line 17) with Part 1 of Schedule 5.

Clause 12AA: new section 9A

In clause 12AA, new section 9A, replace Schedule 1AA (page 18, line 2) with Schedule 1.

Clause 12B: new section 65B

In clause 12B, new section 65B(2), delete “, or giving information relevant to,” (page 18, lines 22 and 23).

Clause 15A

In clause 15A, replace Part 2 of the Schedule (page 27, line 9) with Part 2 of Schedule 5.

Clause 16

In clause 16, replace Part 3 of the Schedule (page 27, line 13) with Part 3 of Schedule 5.

Schedule 2

In Schedule 2, new Schedule 1AA, clause 1(2), replace “Schedule” (page 30, line 14) with “Schedule 1”.

In Schedule 2, new Schedule 1AA, replace clause 1(3) (page 30, lines 18 to 25) with:

(3)

In this clause, matter includes any—

(a)

action undertaken:

(b)

decision taken:

(c)

notice given:

(d)

proceeding commenced:

(e)

application made:

(f)

agreement entered into:

(g)

requirement imposed.

In Schedule 2, new Schedule 1AA, after clause 1 (page 30, after line 25), insert:

2 Transitional provision if leave decision and resulting leave of absence fall either side of commencement date

(1)

This clause applies if—

(a)

a leave decision has been made; and

(b)

as a consequence of the leave decision, a special patient is due to take, or is taking, leave of absence when this clause commences.

(2)

The Director may, to the extent that the Director considers appropriate in the circumstances, advise a victim of the leave decision as specified in sections 50E(2) and 52E(2).

(3)

In this clause, leave decision means a decision made before the commencement of this clause by—

(a)

the Minister to—

(i)

grant a special patient leave of absence under section 50(1); or

(ii)

cancel a special patient’s leave of absence under section 50(3); or

(b)

the Director to—

(i)

grant a special patient leave of absence under section 52(1); or

(ii)

cancel a special patient’s leave of absence under section 52(3).

Schedule 3

In Schedule 3, new Schedule 1, replace clause 1(3) (page 31, lines 18 to 25) with:

(3)

In this clause, matter includes any—

(a)

action undertaken:

(b)

decision taken:

(c)

notice given:

(d)

proceeding commenced:

(e)

application made:

(f)

agreement entered into:

(g)

requirement imposed.

In Schedule 3, new Schedule 1, after clause 1 (page 31, after line 25), insert:

2 Transitional provision if leave decision and resulting leave fall either side of commencement date

(1)

This clause applies if—

(a)

a leave decision has been made; and

(b)

as a consequence of the leave decision, a care recipient or a special care recipient is due to take, or is taking, leave when this clause commences.

(2)

The Director-General of Health may, to the extent that the Director-General considers appropriate in the circumstances, advise a victim of the leave decision as specified in sections 65D(2) and 67F(2).

(3)

In this clause, leave decision means a decision made before the commencement of this clause by—

(a)

a care manager to—

(i)

authorise a care recipient to be on leave under section 65(1); or

(ii)

extend a care recipient’s leave under section 65(2); or

(iii)

cancel a care recipient’s leave under section 65(3); or

(b)

the Minister to—

(i)

authorise a special care recipient to be on leave under section 66(1); or

(ii)

cancel a special care recipient’s leave under section 66(4); or

(c)

the Director-General of Health to—

(i)

authorise a special care recipient to be on leave under section 67(1); or

(ii)

cancel a special care recipient’s leave under section 67(3).

Schedule 4

In Schedule 4, new Schedule 1AA, in the Part 1 heading, replace Provisions (page 32, line 8) with Provision.

In Schedule 4, new Schedule 1AA, replace clause 1(3) (page 32, lines 17 to 24) with:

(3)

In this clause, matter includes any—

(a)

action undertaken:

(b)

decision taken:

(c)

notice given:

(d)

proceeding commenced:

(e)

application made:

(f)

agreement entered into:

(g)

requirement imposed.

Explanatory note

This Supplementary Order Paper (SOP) amends the Rights for Victims of Insane Offenders Bill. It makes minor technical amendments to the Bill.

The SOP makes an identical amendment to clauses 7A (new section 33C(2)), 8B (new section 50C(2)), 8D (new section 52C(2)), 11 (new clause 3AAA), and 12B (new section 65B(2)) to simplify the drafting. References to “making submissions on, or giving information relevant to,” a decision are amended to refer to “making submissions on” a decision.

The SOP amends clause 8B (new section 50) to reinstate the existing wording of section 50(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992, in order to maintain consistency with existing law.

The SOP inserts 2 equivalent transitional provisions in Schedule 2 (Part 1 of new Schedule 1AA of the Mental Health (Compulsory Assessment and Treatment) Act 1992) and Schedule 3 (Part 1 of new Schedule 1 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003). Those provisions apply if a decision to grant leave is made before the commencement date of the Bill but the resulting leave is being taken at or after the commencement date. In this circumstance, the Director of Mental Health (in the case of a decision made under the Mental Health (Compulsory Assessment and Treatment) Act 1992) or the Director-General of Health (in the case of a decision made under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003) may advise a victim of the leave decision to the extent that the Director or Director-General considers appropriate in the circumstances.

The SOP also adjusts references and punctuation in clauses 8B (new section 50F(1)), 8D (new section 52F(1)), 11A, 12AA (new section 9A), 15A, and 16, and in clause 1(3) of each of Schedules 2, 3, and 4).