Criminal Law Consolidation (Mental Competence) Amendment Bill 2025 (SA)

South Australia Criminal Law Consolidation (Mental Competence) Amendment Bill 2025 A Bill For An Act to amend the Criminal Law Consolidation Act 1935 and to make related amendments to the Children and Young People (Safety) Act 2017, the Child Safety (Prohibited Persons) Act 2016, the Disability Inclusion Act 2018 and the Young Offenders Act 1993.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Criminal Law Consolidation Act 1935 3 Amendment of section 5H—Procedural provisions 4 Amendment of section 267AA—Offence where unlawfully supplied firearm used in subsequent offence 5 Insertion of section 269AB 269AB Reference to finding of not guilty to include finding of mental incompetence 6 Amendment of section 269F—What happens if trial judge decides to proceed first with trial of defendant's mental competence to commit offence 7 Amendment of section 269G—What happens if trial judge decides to proceed first with trial of objective elements of offence 8 Amendment of section 269NB—Division 3A orders Schedule 1—Related amendments Part 1—Amendment of Children and Young People (Safety) Act 2017 1 Amendment of section 16—Interpretation Part 2—Amendment of Child Safety (Prohibited Persons) Act 2016 2 Amendment of section 5—Interpretation Part 3—Amendment of Disability Inclusion Act 2018 3 Amendment of section 18A—Interpretation Part 4—Amendment of Young Offenders Act 1993 4 Amendment of section 32—Reports

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Criminal Law Consolidation (Mental Competence) Amendment Act 2025. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Criminal Law Consolidation Act 1935 3—Amendment of section 5H—Procedural provisions Section 5H(3)—delete subsection (3) and substitute: (3) If the court would, disregarding territorial considerations— (a) find the person not guilty of the offence—the court must record a finding of not guilty; or (b) find that the conduct has been proved but the person is not criminally responsible due to mental incompetence—the court must record a finding of conduct proved but not criminally responsible due to mental incompetence. 4—Amendment of section 267AA—Offence where unlawfully supplied firearm used in subsequent offence Section 267AA(3)—delete "guilty of the offence" and substitute: criminally responsible due to mental incompetence 5—Insertion of section 269AB After section 269A insert: 269AB—Reference to finding of not guilty to include finding of mental incompetence A reference to a person being found not guilty of an offence in any Act, legislative instrument or other law will, unless the contrary intention appears, be taken to include a reference to a finding of a court under this Part that the objective elements of the offence are established but the person is not criminally responsible due to mental incompetence. 6—Amendment of section 269F—What happens if trial judge decides to proceed first with trial of defendant's mental competence to commit offence Section 269F, subsection B(3)—delete "find the defendant not guilty of the offence" first occurring and substitute: record a finding of conduct proved but not criminally responsible due to mental incompetence 7—Amendment of section 269G—What happens if trial judge decides to proceed first with trial of objective elements of offence (1) Section 269G, subsection B(3)(a)—delete "find the defendant not guilty of the offence" and substitute: record a finding of conduct proved but not criminally responsible due to mental incompetence (2) Section 269G, subsection B(5)(b)—delete "find the defendant not guilty of the offence" and substitute: record a finding of conduct proved but not criminally responsible due to mental incompetence 8—Amendment of section 269NB—Division 3A orders Section 269NB(1)(a)—delete "guilty of the offence" and substitute: criminally responsible