Download page as PDFThe Mental Health Act 2014 is the key piece of legislation governing the mental health system in WA, while the Criminal Law (Mental Impairment) Act 2023 provides for persons accused of a crime who may have a mental illness. In addition to these acts, there are several other pieces of legislation that govern specific aspects of the mental health system.
Guardianship and Administration Act 1990
The Guardianship and Administration Act 1990 provides for people who are unable to make decisions for themselves due to illness or limited capacity. It establishes a legal framework for individuals to be appointed as a guardian of a represented person to make personal, lifestyle and treatment decisions, and/or an administrator, to make financial and legal decisions on behalf of the represented person. The Act also establishes the Office of the Public Advocate, a statutory authority that works alongside the State Administrative Tribunal to oversee the guardianship and administration process.
Health and Disability Services (Complaints) Act 1995
The Health and Disability Services (Complaints) Act 1995 establishes the mechanism for managing complaints about health and disability services. It establishes the Health and Disability Services Complaints Office (HaDSCO), an independent statutory authority that receives and manages complaints, and grants HaDSCO with the ability to investigate complaints, resolve disputes and issue penalties and prohibition orders.
Carers Recognition Act 2004
The Carers Recognition Act 2004 defines the role of a carer and sets out a legal mechanism for involving carers in decisions about carer-focused services. The Act establishes the Carers Advisory Council and affirms the need for organisations to comply with the Carers Charter.
Health Services Act 2016
The Health Services Act 2016 establishes a framework for the governance of the entire health system. It outlines the powers and responsibilities of the CEO of the Department of Health, Health Service Providers and other health entities, and how these agencies interact to deliver health services to the public.
Privacy and Responsible Information Sharing Act 2024
The Privacy and Responsible Information Sharing Act 2024, commonly referred to as the PRIS Act, establishes rules for how government agencies store, collect and use people’s data. It grants the Office of the Information Commissioner additional regulatory responsibilities and powers, while establishing rules that all agencies must follow in how they handle personal data. The legislation’s definition of personal data applies to health information, and its rules around personal data apply to health service providers and health-focused agencies.