On 28 August 2004 the Commission received a new reference on Problem-Oriented Courts and Judicial Case Management. The terms of reference require the Commission to examine and report on whether the principles, practices and procedures pertaining to problem-oriented courts and judicial case management require reform. In conducting this reference the Commission is required to have regard to the development of problem-oriented courts, their philosophy and structures, as well as the jurisprudential, ethical and practical issues arising from their operation.
For reasons explained in the Consultation Paper, the Commission has chosen to use the term 'court intervention programs' instead of the term 'problem-oriented courts' and the title of the Consultation Paper has been amended to reflect this. Court intervention programs are programs that use the authority of the court in partnership with other agencies to address the underlying causes of offending behaviour and encourage rehabilitation.
The Commission has published its Consultation Paper. This paper examines a number of different court intervention programs currently operating in Western Australia and Australia and it includes various proposals for reform.
Terms of Reference
The Commission is to inquire into and report upon whether, and if so in what manner, the principles, practices and procedures pertaining to problem-oriented courts and judicial case management require reform, and in particular, and without detracting from the generality of this reference:
- the extent to which, and the circumstances in which persons are referred to problem-oriented courts and judicial case management;
- the extent to which problem-oriented courts and judicial case management fit within the traditional court model; and
- any related matter
and to report on the adequacy thereof and on any desirable changes to the existing law, practices and administration in relation thereto.
In carrying out this reference the Commission is to have Regard to the development of problem oriented courts and judicial case management, their philosophy and structures, as well as the jurisprudential, ethical and practical issues arising from their operation.
Outcomes
On 21 September 2010, Legislative Council recommended the urgent establishment of a mental impairment court intervention program in Western Australia.
