2849. Hon Alison Xamon to the Minister for Disability Services:
I refer to recommendations made by the Mentally Impaired Accused Review Board (MIARB), and I ask:
(a) on how many occasions did MIARB determine an individual be detained in the Disability Justice Centre in:
(i) 2018–19; and
(ii) 2019–to date; and
(b) in how many cases from (a)(i) and (a)(ii), did the Minister override MIARB’s determination, and instead recommend the individual be detained in prison?
Hon Stephen Dawson replied:
(a) (i) In 2018–19 the Mentally Impaired Accused Review Board (MIARB) recommended four individuals for placement at the Disability Justice Centre.
(ii) In 2019 to 10 March 2020, one individual has been recommended by the MIARB for placement at the Disability Justice Centre.
(b) As Minister for Disability Services, I do not have the power to ‘override a determination’ made by the MIARB; rather, I have the option of consenting to a MIARB recommendation that the mentally impaired accused person be placed in the Disability Justice Centre, with the ability to withdraw consent at any point in time during the placement.
Further, it is the MIARB that determines the place where the accused is to be detained, pursuant to Division 2 of the Criminal Law (Mentally Impaired Accused) Act 1996 (WA).
(a) (i) During 2018–19, I declined to consent to the placement of two individuals at the Centre.
(ii) During 2019 to 10 March 2020, I declined to consent to the placement of one individual at the Centre.