Dr Maryam Nesvaderani1, Dr Andrew Ellis, Dr Kerri Eagle
1Justice Health and Forensic Mental Health Network, Malabar, Australia
Biography:
Dr. Maryam Nesvaderani is a consultant staff specialist forensic psychiatrist working in the Justice Health and Forensic Mental Health Network NSW. She holds a PhD in medicine from the University of Sydney and completed an advanced training HETI fellowship in Countering Violent Extremism. Dr. Nesvaderani has clinical experience managing individuals with complex psychiatric needs across forensic and custodial settings. Her current research and clinical interests focus on the ethical complexities and rehabilitative interventions for individuals in custody convicted of terrorism-related offences or who hold violent extremist views.
Abstract:
Australia has the largest number of counterterrorism laws of Western nations, despite having fewer terrorist attacks. Many of these are preventative and have been criticised for breaching human rights. The NSW Terrorism (High Risk Offenders) Act 2017 allows post-sentence continuing detention and extended supervision orders with the aims of protecting the community and facilitating rehabilitation. Concerningly, 90% of offenders subject to these orders have mental illness, disproportionate to the 33% baseline prevalence of mental illness amongst violent extremists (VE).¹ ² Counterterrorism legislation may be inadvertently directing individuals with complex psychiatric conditions into prison. Prolonged incarceration is counterproductive to the stated aim of rehabilitation, with almost 50% of those under these orders being radicalised in custody. VE with mental illness would benefit from treatment under a multi-disciplinary team in a therapeutic setting that affords access to prosocial community supports and employment. This approach would uphold the human rights and democratic principles that terrorist attacks seek to erode.
In 2025 a novel collaborative program was established between Justice Health and the Forensic Mental Health Network and Corrective Services NSW providing assertive psychiatric care to individuals in custody convicted of terrorism offences. This presentation describes the program’s implementation and the broader landscape of counterterrorism legislation.
1. Stimpson, C (2024). Unfortunate, unforgivable and unacceptable? A comprehensive review of applications under Terrorism (High Risk Offenders) Act 2017 NSW. Curr. Issues Crim. Justice., 1-22.
2. Gill, P., et al. (2021). Systematic Review of Mental Health Problems and Violent Extremism. J. Forensic Psychiatry Psychol., 32 (1), p51-78.