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Indefinite detention of people with cognitive and psychiatric impairment in Australia

1. The Law Council welcomes the opportunity to make a submission to the Senate Community Affairs References Committee (the Committee) Inquiry into the indefinite detention of people with a cognitive and psychiatric impairment (CPI) in Australia (the Inquiry). 

2. This submission focuses on the following terms of reference for the Inquiry:

a. the impact of relevant Commonwealth, state and territory legislative and regulatory frameworks, including legislation enabling the detention of individuals who have been declared mentally-impaired or unfit to plead. 

b. access to justice for people with cognitive and psychiatric impairment, including the availability of assistance and advocacy support for defendants.

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