News
Proclamation of the Criminal Law (Mental Impairment) Act 2023
The Criminal Law (Mental Impairment) Act 2023 (the CLMI Act) for Western Australia came into effect on 1 September 2024. The Act interfaces with the Mental Health Act 2014. The CLMI Act is important law reform with greater human rights embedded.
Changes to the CLMI legislation will impact the delivery of mental health services to a cohort of mental health patients who are subject to Orders under the CLMI Act. Significantly, this Act introduces:
Community Supervision Orders: A community supervision order (CSO) is an order that a person, while residing in the community with mental impairment should be subject to the least possible restriction on their freedom consistent with the protection of the community and be provided with the best possible treatment, care and support.
The kinds of conditions that may be imposed are – ‘that the person undergo treatment (including mental health treatment) that will prevent the deterioration of the person’s mental health’.
If a condition of a CSO is that the person undergo mental health treatment from a mental health service as defined in Mental Health Act 2014, that person’s treatment and care falls under the statutory remit of the Chief Psychiatrist. The person making the CSO at the Department of Justice will notify the Chief Psychiatrist and send a copy of the Order to the following email address: monitoring@ocp.wa.gov.au.
In addition to other statutory responsibilities of the Chief Psychiatrist for the CLMI cohort in inpatient mental health services, the Chief Psychiatrist will be responsible for ensuring standards of treatment and care of a person on a CSO requiring mental health treatment; monitoring reports of notifiable incidents involving supervised persons; and reporting, where appropriate, notifiable incidents to the relevant departments if necessary.
The Office of the Chief Psychiatrist has been working to prepare for the rollout of the CLMI Act and will continue to partner with other supporting agencies impacted by this legislation.
Important contacts:
State Forensic Mental Health Service
Tel: 08 6159 6103
Email: SFMHS.CLMI@health.wa.gov.au
Mental Impairment Review Tribunal
Email: mirt@justice.wa.gov.au
Dr Nathan Gibson
Chief Psychiatrist of Western Australia