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Parliamentary Questions

Question Without Notice No. 1000 asked in the Legislative Council on 17 September 2019 by Hon Alison Xamon

Parliament: 40 Session: 1

Answered on


1000. Hon ALISON XAMON to the Leader of the House representing the Attorney General:

I refer to the ''National Statement of Principles relating to Persons Unfit to Plead or Not Guilty by Reason of Cognitive or Mental Health Impairment''.

(1) Has the Western Australian government formally endorsed the national principles?

(2) If yes to (1), has work begun on implementing the principles?

(3) If yes to (2), please advise what work is being undertaken?

(4) If no to (1) or (2), why not?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

(1) Yes, the Attorney General formally endorsed the national principles on behalf of the Western Australian government on 13 November 2018. I note that the commonwealth Attorney-General's Department recently published a copy of the endorsed national principles on its website and I will table the attached information. Madam President, it appears to me that ''the attached information'' is not attached. If it comes in before the end of question time, I will provide it.

(2) Yes.

(3) The government is progressing work on a bill to repeal and replace the Criminal Law (Mentally Impaired Accused) Act 1996 in line with a number of commitments taken to the 2017 election. That bill, once completed, will broadly align with the national principles.

(4) Not applicable.