with lack of service provision. Natasha Mitchell : And the experience of people with intellectual disabilities in the justice system is the focus of this week's investigation by Background Briefing here on ABC Radio National. I'll link to it. Elizabeth Richardson : People who come into the mental health court are not necessarily going to be new to the health and welfare services. I think that's the idea behind them, people think, 'Oh well, these people are offending because they're not receiving treatment,' but the South Australian 2001 process evaluation found that 95 per cent of new referees were already in contact with health and welfare agencies. So that raises some very serious questions around what wasn't working, and why they were still offending even though they were in contact with the health and welfare agencies. They were probably falling through the cracks, as we've heard, but it does require some creativity. And it requires having quite a lot of resources at your disposal, a range of resources at your disposal so that you can say, 'OK, well this person is not working on this one, we'll try them in that one.' But it's not always as straightforward as just slotting people into treatment. And, look, the clinical teams are very good at doing that admittedly. Natasha Mitchell : Elizabeth Richardson. So there's the rub. It's all very well to have a mental health court diverting people away from a prison sentence where appropriate, but then you have to have