Section 32 Mental Health (Forensic Provisions) ACT 1990

Under Section 32 a magistrate can make an order called a “Section 32 Order”. It means you don’t pay a fine or go to gaol, however you have to agree to get some help.

Section 32 is for people with;

  • Intellectual disability
  • Learners with special needs
  • Brain injury
  • Mental health problems

The section diverts people from being dealt with under the Criminal Justice System

If you want this help you must see people who can help you. Generally the people will be your general practitioner, psychologist and where necessary a psychiatrist. This is to evaluate a course of assistance, a plan of treatment. These plans are called various names however, are all the same thing, some people call them a support plan others a treatment plan or a care plan.

In respect to your plan you will have to agree to undertake the plan as provided by your service provider

The Magistrate will want to see a report outlining your disability and what services are helping you.

If the magistrate agrees he / she will make an order outlining what you have to do.

If you stick to the order for six months you won’t have to go back to court and the court matter will be over, If you don’t stick to the order you may have to go back to court to see the magistrate again.

Should you be suffering from any of the conditions referred to contact our office – our solicitors at Adams & Partners Lawyers are willing to help you.

Joseph Mazurkiewicz is a founding partner and a Director of Adams & Partners Lawyers. Find out more about Joseph here.