W #Australia After four years of a Lib/Nat Govt, plight of accused w #mentalhealth issues is worse, not better @AlisonXamon

After four years of a Liberal/National Government, the plight of mentally impaired accused is worse, not better, say WA Greens

8 January 2012

The threat of mandatory time or being kept indefinitely in jail continues to hang over the heads of the State’s mentally impaired accused people following the Barnett/Grylls Government’s failure to undertake desperately needed law reform during its term of government.

Greens spokesperson for mental health and disabilities Alison Xamon said that despite constant lobbying from community groups, the devastating consequence of the Government’s so-called “tough on crime” legislative agenda still remained.

“Tragically, the Government is more interested in locking people up, rather than addressing the realities of life for our most vulnerable citizens,” Ms Xamon said.

“After four years in Government we still have no progress on urgently-needed reforms to the Criminal Law (Mentally Impaired Accused) Act 1996 (WA). And this is also in despite of individual high profile cases which have brought to light the terrible injustices that this archaic legislation can bring.

“We have had two Attorneys-General who have been responsible for progressing changes to the Act, yet we have seen no progress.

“It appears that an internal review into the Act may have been completed but there has been no public consultation on the necessary changes.

“This secretive approach is not good enough and shows that the Government does not take this matter seriously and that it most certainly is not a priority.

“No matter who the Attorney-General is this Government clearly does not care about the risks their legislation poses to the mentally impaired.

“I can only conclude the Government has wilfully decided to play ignorant on this in order to not have to face the real ramifications of their own legislative agenda.”


Hansard copies of questions from Alison Xamon to Attorney General Michael Mischin are attached.

  • 17 May 2011 to Attorney-General Christian Porter
  • 29 June 2011 to Attorney-General Christian Porter
  • 1 November 2011 to Attorney-General Christian Porter
  • 11 September 2012 to Attorney-General Michael Mischin

In 2011 Alison Xamon introduced an amendment to the Criminal Code to address mandatory sentencing of the mentally impaired. The Liberals and Nationals combined to defeat the vote.

Hon Alison Xamon MLC

Member for the East Metropolitan Region

Office: 62 Eighth Ave Maylands WA 6051

Postal Address: PO Box 104 Maylands WA 6931

Phone: (08) 9272 1718

Fax: (08) 9272 1719

Portfolios: Water, Urban Bushland, Mental Health, Education, Training, Industrial Relations, Employment, Occupational Health & Safety, Disabilities, Women, Children & Youth, Public Service, Community Services, Electoral Affairs, Consumer Protection, Vet Affairs, Volunteering

C38 S1 20120911 p5423a-5423a.pdf

C38 S1 20110517 p3241c-3241c.pdf

C38 S1 20110629 p5143c-5144a.pdf

C38 S1 20111101 p8603b-8603b.pdf

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