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Skye

My name is Skye and I am Noongar / Yamigi born in Perth. My mum is Yamagi born in Mount Magnet. I was given the name Skye Faith because my mum loved the sky and all it’s seasons. She felt that the sky connected her with hope and faith.

I was 15 when I began to struggle with anxiety and depression. It started when we became homeless. I used to love school. I was never late but homelessness changed all that. I am 19 now.

My artwork for the Office of the Chief Psychiatrist is about the healing powers of nature. Walking and looking at nature helps me find peace. I love taking photos and I hope they help other people find peace.

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Criminal Law (Mental Impairment) Act 2023 (CLMI)

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The Criminal Law (Mental Impairment) Act 2023 (CLMI Act 2023) received Royal Assent on 13 April 2023 and was enacted on 1 September 2024. The Act reforms the criminal law with respect to persons with a mental impairment. The new Act provides a structured approach to cases where an individual’s mental impairment may affect their criminal responsibility and introduces a comprehensive set of provisions designed to ensure fair treatment and appropriate legal outcomes for those with mental health challenges in Western Australia.

The purpose of the CLMI Act 2023 include:

  • Ensuring protection of the community
  • Ensuring that people with mental impairment who are charged with an offence are:
    • identified early in their contact with the justice system.
    • given a reasonable opportunity to become fit to stand trial.
    • given a fair hearing even if they are unfit.
    • not found to have committed an offence without sufficient evidence.
    • subject to the least possible interference with their rights and dignity.
    • afforded procedural fairness in management of their orders and reintegrated into community safely.

The legislation also aims to ensure that anyone performing any function under the CLMI Act 2023 has regard to the principles that people with mental impairment should:

  • Be subject to the least possible restriction on their freedom consistent with the protection of the community.
  • Have access to advocacy services.
  • Be provided with the best possible treatment, care, and support.
  • Be dealt with in a manner that is culturally appropriate; and
  • Should not be subject to outcomes under this Act that restrict their freedom more severely than if they had been convicted of the offence that they have been found to have committed.

The legislation also ensures that:

  • Victims of offences committed by people with mental impairment have the opportunity to be heard and acknowledged; and
  • The role of Carers and Families is recognised, in the treatment, care and support of people with mental impairment.

Under the new CLMI Act 2023, there are child-specific principles. These include:

  • Special provisions to ensure fair treatment of children with mental impairment.
  • Detention is a last resort and for shortest time necessary.
  • Detention should be in a facility suitable for children.
  • Any child over the age of 16 years who is detained in a facility in which adults are detained, should not share living quarters, or be exposed to contact, with an adult detained in the facility.

The Office of the Chief Psychiatrist and CLMI

The Chief Psychiatrist has oversight of and is notified of CLMI supervised persons who are mental health patients:

  • requiring to be detained in an authorised hospital.
  • Community Supervision Order (CSO)
  • Interim CSO
  • Extended CSO
  • A leave of absence
  • Interim disposition of interstate forensic orders transferring to WA

Training and Education

Office of the Chief Psychiatrist
Currently the OCP has incorporated CLMI training as part of the Authorised Mental Health Practitioner training and the Prescribed Medical Practitioner training.

State Forensic Mental Health Service / North Metropolitan Health Service

The CLMI project team work with stakeholders to develop educational resources to deliver training for staff, consumers and other health service providers around the state.

Health staff can access further CLMI resources and training on the State Forensic Mental Health Service SharePoint page – State Forensic Mental Health Service.

This page includes access to the CLMI Act 2023 online course on MyLearning – Login and recorded information session on Custody Order/Leave of Absence (LOA) and Community Supervision Orders.

CLMI Support

The State Forensics Mental Health Services CLMI team provide a consultation and liaison service and can be contacted on following details:

Email: SFMHS.CLMI@health.wa.gov.au
Phone: (08) 6159 6103

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