The Law Handbook 2024

Chapter 8.3: Disability and criminal justice 815 Justice plan conditions When a court is considering making a community correction order or releasing an offender on an adjournment (withor without recording a conviction), it may attach a condition to the order that requires the person to participate in services outlined in a justice plan (provided by the Secretary of the Victorian Government Department of Families, Fairness and Housing ( DFFH ) (s 80)). When considering attaching a justice plan condition, the court may request: • a pre-sentence report; • a statement from the Secretary of the DFFH that the person has an intellectual disability under the Disability Act; and • a plan of available services designed to reduce the likelihood of the person re-offending. The condition may apply for up to two years or the period of the sentence – whichever is shorter. The offender must comply with the justice plan or they risk the original sentencing order and justice plan being cancelled, and having alternative sentencing orders imposed. Residential treatment orders A court may make a residential treatment order ( RTO ) (s 82AA). This order can operate for up to five years and requires the person to live in a residential facility and receive treatment. The court may request similar information from the DFFH as under section 80 (see above) when considering whether to make the order. A RTO must only be made if the Secretary of the DFFH has deemed the person suitable for admission to a residential treatment facility and that the required services are available. Assistance from the Department of Families, Fairness and Housing Forensic Disability Statewide Access Service The Department of Families, Fairness and Housing ( DFFH ) offers assistance to people with an intellectual disability who are facing legal proceedings. It also provides support and treatment for people with cognitive impairment involved in the criminal justice system. This is through the Forensic Disability Statewide Access Service ( FDSAS ). To be eligible for such assistance a person must have cognitive impairment because of a neurological disability, an acquired brain injury or intellectual disability within the definition of the Disability Act. There is a variety of services offered, including clinical services, justice coordination, and residential and accommodation services. Forensic Disability Statewide Access Service (FDSAS) Tel: 1300 390 709 Email: ForensicDisability.Access@dffh.vic.gov.au Web: www.services.dffh.vic.gov.au/forensic-disability- services Multiple and Complex Needs Initiative The DFFH also supports the Multiple and Complex Needs Initiative ( MACNI ) program. The MACNI is a time-limited specialist service for people aged 16 years and older who have multiple and complex needs. This includes people with combinations of: • mental illness; • substance abuse issues; • intellectual impairment; • acquired brain injury; • forensic issues. The MACNI’s primary purpose is to facilitate better coordination of supports and services, deliver holistic care and prevent further escalation of need. This is driven by the development and coordination of a MACNI care plan. Participation is voluntary. Multiple and Complex Needs Initiative (MACNI) Email: Central.ComplexNeeds@dffh.vic.gov.au Web: www.providers.dffh.vic.gov.au/complex-needs- services Transfer from prison to a residential institution In very limited circumstances, a person with an intellectual disability can be transferred from prison to a residential treatment facility or institution under the Disability Act (Division 3 s 166(1)) as a ‘security resident’. As there are not many secure facilities within the disability service system, these transfers are extremely rare. Before making a security order, the Secretary to the Victorian Government Department of Justice and Community Safety (‘ DOJ Secretary ’) must be satisfied that it is in the best interests of the person