Page zoom: (-) | (+) | Normal
Font size: A - | A + | Reset

S32 Step By Step Guide

The support plan and proposed order

Step 8 Outlining the proposed support plan

The existence and the contents of a support plan may form a part of the magistrate's deliberations on whether or not it is more appropriate to deal with the matter under section 32.

Highlight the key aspects of the support plan and why the support plan will be effective in assisting your client to avoid or reduce future incidents and to learn the boundaries of being a law-abiding citizen. You may choose to refer to the level of support/supervision that your client will receive and their willingness to accept the services.

There is evidence that for some people with intellectual disability behaviour that results in charges stems to some extent from boredom and isolation and that simply increasing their positive activities and contacts could have a positive effect on avoiding or reducing contact with the police.

Step 9 Proposed orders

Do not forget that section 32 orders can be made without conditions. If this is appropriate in the circumstances of the case and in light of your client's subjective circumstances, then this is what you should ask for.

Section 32 orders should not incorporate every element of very detailed support plans. IDRS recommends that nothing beyond what is necessary to satisfy the court be included as a condition of the order.

It is important to be sure that your client is willing to comply with the conditions of any proposed orders.

Support plans should be flexible to enable supporting organisations to be responsive to their client's needs. Service providers will review and change support plans over time. If a magistrate is looking to incorporate a support plan into the conditions of a section 32 order, it may be more appropriate to request that the magistrate make orders that take into account greater flexibility of supports.

For example: a proposed order may be written as

  • "To continue to accept services from ADHC (or XYZ service provider)"

rather than

  • "To comply with the support plan of John Smith, dated 26 February 2011"

This is of particular relevance if the support plan is very detailed.

If there is a specific feature of your client's behaviour that is likely to be of concern to the court it may be appropriate to suggest a condition that specifically addresses the aspect of your client's behaviour that is of concern such as drug and alcohol counselling or sexuality counselling.

Possible submissionsCase study: multiple s32s and increasing services

Go to top of the page