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.