Justice Legislation Amendment Act 2017 (NSW) - Legislation

An Act to amend various Acts relating to courts and crimes and other related matters.

1Name of Act

This Act is the Justice Legislation Amendment Act 2017.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by subsection (2).

(2)

Schedule 1.10 commences on a day or days to be appointed by proclamation.

Schedule 1Amendment of Acts

(Repealed)

Mental Health (Forensic Provisions) Act 1990 No 10[1]Section 32 Persons suffering from mental illness or condition or cognitive impairment

Omit section 32 (1) (a) (i). Insert instead:

(i)

cognitively impaired, or

[2]Section 32 (3) (b)

Omit the paragraph. Insert instead:

(b)

on the condition that the defendant attend on a person or at a place specified by the Magistrate:

(i)
for assessment or treatment (or both) of the defendant’s mental condition or cognitive impairment, or
(ii)
to enable the provision of support in relation to the defendant’s cognitive impairment, or

[3]Section 32 (6)

Insert after section 32 (5):

(6)

In this section:

cognitive impairment means ongoing impairment of a person’s comprehension, reasoning, adaptive functioning, judgment, learning or memory that materially affects the person’s ability to function in daily life and is the result of damage to, or dysfunction, developmental delay or deterioration of, the person’s brain or mind, and includes (without limitation) any of the following:

(a)
intellectual disability,
(b)
borderline intellectual functioning,
(c)
dementia,
(d)
acquired brain injury,
(e)
drug or alcohol related brain damage, including foetal alcohol spectrum disorder,
(f)
autism spectrum disorder.

(Repealed)

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