Submission to the NSW Law Reform Commission

Date: November 2011

This submission addresses the following issues relating to the Crimes (Domestic and Personal Violence) Act 2007 (the Act):

1. Definitions of ‘domestic violence offence’ and ‘domestic relationship’
2. Effectiveness of the Act where a defendant has Impaired Capacity
   1. Provisional orders
   2. Interim orders
   3. Participation in proceedings
   4. Final orders

Please click on the link to download complete document- IDRS Submission regarding the statutory review of the Crimes (Domestic and Personal Violence) Act 2007

People with an intellectual disability and bail.

Submission to the NSW Law Reform Commission

Date: 30 July 2011

It is the experience of IDRS that people with an intellectual disability face particular difficulty in obtaining bail. Such difficulties may flow from lack of support services and suitable accommodation options together with reduced community ties. They may also be more likely to have a history of previous offences and/or previous failures to appear.

Please click on the link to download complete document- IDRS Submission to the NSW Law Reform Commission - Bail Questions For Discussion

Submission to the Standing Committee on Social Issue, NSW Parliament

Date: August 2009

Introduction of the submission

The Intellectual Disability Rights Service’s (IDRS’s) submission focuses on the provisions and operation of the Guardianship Act 1987 (NSW) and the NSW Trustee and Guardian Act 2009 (NSW). These are the statutory instruments that most impact upon IDRS’s clients’ autonomy. Given how recent the NSW Trustee and Guardian Act 2009 (NSW) is, it is not yet clear to IDRS whether the Act will operate to improve service delivery to IDRS’ client-base. Certainly, as is expressed below, IDRS has grave concerns that service delivery by the NSW Trustee and Guardian will be even further stretched and poorer than before and there will be more frustration and complaints from clients.

Please click on the link to download complete document- IDRS Submission to the national human rights consultation, June 2009.

Submission to the Standing Committee on Social Issue, NSW Parliament

Date: August 2009

Please click on the link to download complete document- IDRS Submission to the national human rights consultation, June 2009.

Published in 2008

ISBN 978 0 646 49190 5

A Report on Problems and Solutions in relation to Diversion of Alleged Offenders with Intellectual Disability from the New South Wales Local Courts System: With particular reference to the practical operation of s 32 of the Mental Health (Criminal Procedure) Act 1990 (NSW).

Please click on the link to download complete document- Enabling Justice

Please click on the link to download easy read version of the document- Enabling Justice- easy read version

This report is substantially based on a paper written by Andrew Howell during an internship at the Intellectual Disability Rights Service in 2006. Linda Steele, Solicitor at the Service, took over the project in late 2006 and was responsible for making additions to the paper.

IDRS would like to thank Jim Simpson, Jane Sanders, Eileen Baldry and Peter McGhee for their valued contributions, as well as all of the people who participated in the consultations

Report Title: Diversion of Alleged Offenders with an Intellectual Disability from the New South Wales Local Courts System: A Review of the Practical Operation of s32 of the Mental Health (Criminal Procedure) Act 1990

This paper examines what more can be done for alleged offenders with an intellectual disability in the NSW Local Courts system through a focus on the existing dispositional options under s 32 and the relationship between s 32 and access to specialist support and services. This paper also makes recommendations to reform the various shortcomings identified.

Please click on the link to download complete document- A Review of the Practical Operation of s32 of the Mental Health (Criminal Procedure) Act 1990

People with an intellectual disability and bail.

Submission to the NSW Law Reform Commission

Date: 30 July 2011

It is the experience of IDRS that people with an intellectual disability face particular difficulty in obtaining bail. Such difficulties may flow from lack of support services and suitable accommodation options together with reduced community ties. They may also be more likely to have a history of previous offences and/or previous failures to appear.

Please click on the link to download complete document- IDRS Submission to the NSW Law Reform Commission - Bail Questions For Discussion

Appropriate community services in NSW for offenders with intellectual disability and those at risk of offending.

Date: July 2001

ISBN 1 -875154-03-5

This report was commissioned by the Intellectual Disability Rights Service and the NSW Council for Intellectual Disability with funding from the Department of Ageing, Disability and Homecare, and the Law and Justice Foundation of NSW.

• Easy read, summarised version
• Introduction to The Framework Report
• The Framework Report