MAGISTRATES' COURT ACT 1989 - SECT 4T Eligibility criteria

MAGISTRATES' COURT ACT 1989 - SECT 4T

    (1)     To be eligible for a criminal proceeding to enter the Assessment and Referral Court List, an accused must meet—

        (a)     the diagnostic criteria; and

        (b)     the functional criteria; and

        (c)     the needs criteria.

    (2)     The diagnostic criteria are that the accused has one or more of the following—

        (a)     a mental illness;

        (b)     an intellectual disability;

        (c)     an acquired brain injury;

        (d)     autism spectrum disorder;

        (e)     a neurological impairment, including, but not limited to dementia.

    (3)     The functional criteria are that the accused has one or more of the diagnostic criteria which causes a substantially reduced capacity in at least one of the following areas—

        (a)     self-care;

        (b)     self-management;

        (c)     social interaction;

        (d)     communication.

S. 4T(4) amended by No. 23/2012 s. 8.

    (4)     The needs criteria are that the accused would derive benefit from receiving coordinated services in accordance with an individual support plan that has regard to the particular diagnostic and functional criteria as well as all other relevant facts applying to the accused and that may include one or more of the following—

        (a)     psychological assessment;

        (b)     welfare services;

        (c)     health services;

        (d)     mental health services;

        (e)     disability services;

        (f)     drug treatment services or alcohol treatment services;

        (g)     housing and support services;

        (h)     other services that aim to reduce the risk of offending or re-offending.

S. 4U inserted by No. 12/2010 s. 5.