{"id":"sr:crimes-mental-impairment-and-unfitness-be-tried-regulations-2019","name":"Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2019","slug":"crimes-mental-impairment-and-unfitness-to-be-tried-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183633,"registerId":"vic-sr:crimes-mental-impairment-and-unfitness-be-tried-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2019","content":"Version No. 001\n\n**Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2019**\n\n**S.R. No. 44/2019**\n\nVersion as at  \n21 June 2019\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 1\n\n6 Prescribed classes of persons 2\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Amendments Not in Operation 6\n\n4 Explanatory details 7\n\n**Version No.** **001**\n\n**Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2019**\n\n**S.R. No. 44/2019**\n\nVersion as at  \n21 June 2019\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe a class of persons for the purposes of section 30 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 80 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 21 June 2019.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2009[[1]](#endnote-1);\n\n(b) the Crimes (Mental Impairment and Unfitness to be Tried) Amendment Regulations 2011[[2]](#endnote-2).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***mental health practitioner*** has the same meaning as it has in section 3 of the **Mental Health Act 2014**;\n\n***the Act*** means the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.\n\n\t6 Prescribed classes of persons\n\nFor the purposes of paragraph (d) of the definition of ***appropriate person*** in section 30(6) of the Act,  the following classes of person are prescribed—\n\n(a) mental health practitioners;\n\n(b) registered medical practitioners employed or engaged by a designated mental health service.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2019, S.R. No. 44/2019 were made on 12 June 2019 by the Governor in Council under section 80 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, No. 65/1997 and came into operation on 21 June 2019: regulation 3.\n\nThe Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2019 will sunset 10 years after the day of making on 12 June 2029 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2019 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4(a): S.R. No. 69/2009 as amended by S.R. No. 4/2011. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 4/2011. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow scope. They perform a single, specific function: prescribing classes of persons for section 30 of the parent Act. There is no evidence of scope creep or expansion beyond this original purpose."},"complexity_factors":["Extremely short: only 6 regulations spanning 2 pages of substantive content","Minimal defined terms: only 2 definitions in regulation 5, both referencing external legislation","No conditional logic or nested exceptions","Single operative provision (regulation 6) with straightforward list of two prescribed classes","No cross-references beyond basic citations to the parent Act and Mental Health Act 2014","Purpose-built for a single, narrow administrative function"],"plain_english_summary":"This is a short piece of Victorian subordinate legislation (regulations) that supports the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.\n\n**What it does:**\nThe regulations specify who qualifies as an \"appropriate person\" to carry out certain duties under the Act—specifically, who can be appointed to look after the interests of an accused person who has been found unfit to stand trial or not guilty because of mental impairment.\n\n**Who it affects:**\n- **Mental health practitioners** (psychiatrists, psychologists, and other mental health professionals as defined in the Mental Health Act 2014)\n- **Registered medical practitioners** (doctors) who work for a designated mental health service\n\nThese are the only two categories of people who can be appointed as \"appropriate persons\" under section 30 of the Act.\n\n**Why it matters:**\nWhen someone is accused of a crime but cannot understand the trial process due to mental illness or intellectual disability, the court needs an independent person to safeguard their interests. These regulations ensure only qualified mental health professionals can take on this sensitive role, protecting vulnerable defendants from having unqualified people making decisions about their legal rights.\n\n**Other housekeeping:**\nThe regulations also revoke (cancel) two older sets of regulations from 2009 and 2011, replacing them with this updated version."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"These Regulations replace the 2009/2011 Regulations (reg 4) and narrowly restate which professionals qualify as an ‘appropriate person’ under s30(6)(d): mental health practitioners and registered medical practitioners employed or engaged by a designated mental health service (reg 6). The change is procedural and definitional: it removes the prior instrument and explicitly prescribes the classes whose involvement decision‑makers may rely on, with practical scope shaped by cross‑references to the Mental Health Act and designated service arrangements."},"complexity_factors":["Very short instrument with six regulations only (regs 1–6)","Narrow substantive change: prescribes two classes of persons for s30(6)(d) (reg 6)","Relies on external definitions and regimes (cross‑references to the Crimes Act s30 and Mental Health Act s3) (regs 2,5,6)","Revokes earlier regulations, so effect depends on differences from prior instruments (reg 4)","Implementation and scope depend on status of ‘designated mental health service’ and who qualifies as a mental health practitioner under the Mental Health Act","Administrative detail (commencement, authorising provision, sunset noted in endnotes) but no new procedural rules or discretionary powers"],"plain_english_summary":"These Regulations specify which health professionals count as an “appropriate person” for section 30 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. They prescribe mental health practitioners and registered medical practitioners employed or engaged by a designated mental health service, revoke earlier Regulations, and commenced on 21 June 2019.\n\nThe Regulations determine who may provide psychiatric/medical input in fitness and mental‑impairment processes, so they change which professionals decision‑makers may rely on and depend on definitions in the Mental Health Act and designated service arrangements."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited content available, there is no evidence of scope change from the original intent. The regulation appears to remain a procedural support instrument for the parent Act, consistent with its original purpose of providing administrative detail for the mental impairment and unfitness-to-be-tried framework. However, the severely truncated nature of the document means this assessment is made with low confidence."},"complexity_factors":["Operates as subordinate legislation — must be read alongside the parent Act (Crimes (Mental Impairment and Unfitness to be Tried) Act 1997), adding a layer of complexity","Subject matter involves intersection of criminal law, mental health law, and administrative procedure","Deals with a vulnerable population requiring careful procedural safeguards","The document provided is heavily truncated, containing almost no substantive regulatory content — making a full complexity assessment impossible","Victorian-specific framework may differ from equivalent laws in other Australian states and territories","Consolidated version suggests amendments over time, which can create interpretive complexity"],"plain_english_summary":"This Victorian regulation supports the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 by setting out the practical procedures courts and authorities must follow in cases where people may be unfit to stand trial or are not criminally responsible due to serious mental impairment. It affects accused persons, families and carers, legal and clinical practitioners, and forensic mental health and supervision services because it governs forms, fees, timeframes and processes that make the system work.\n\nNote: the provided extract contains limited substantive content."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-mental-impairment-and-unfitness-to-be-tried-regulations-2019","history":"/api/acts/crimes-mental-impairment-and-unfitness-to-be-tried-regulations-2019/history","analysis":"/api/acts/crimes-mental-impairment-and-unfitness-to-be-tried-regulations-2019/analysis","conflicts":"/api/acts/crimes-mental-impairment-and-unfitness-to-be-tried-regulations-2019/conflicts","importantCases":"/api/acts/crimes-mental-impairment-and-unfitness-to-be-tried-regulations-2019/important-cases","documents":"/api/acts/crimes-mental-impairment-and-unfitness-to-be-tried-regulations-2019/documents"}}