{"id":"declared-places-mental-impairment-regulations-2015","name":"Declared Places (Mental Impairment) Regulations 2015","slug":"declared-places-mental-impairment-regulations-2015","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174524,"registerId":"wa-declared-places-mental-impairment-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declared Places (Mental Impairment) Regulations 2015","content":"![Crest]()Western Australia\n\nDeclared Places (Mental Impairment) Act 2015 2\n\nDeclared Places (Mental Impairment) Regulations 2015\n\nWestern Australia\n\nDeclared Places (Mental Impairment) Regulations 2015\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Prescribed advocates 1\n\nNotes\n\nCompilation table 2\n\nOther notes 2\n\n  \n\nWestern Australia\n\nDeclared Places (Mental Impairment) Act 2015 2\n\nDeclared Places (Mental Impairment) Regulations 2015\n\n##### 1. Citation\n\n\t\tThese regulations are the *Declared Places (Mental Impairment) Regulations 2015*.\n\n[Regulation 1 amended: SL 2024/179 r. 4.]\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Mental Health Act 2014* section 350 comes into operation.\n\n##### 3. Prescribed advocates\n\n(1) A mental health advocate as defined in the *Mental Health Act 2014* section 4 is prescribed for the purposes of the definition of ***advocate*** in section 51 of the Act.\n\n(2) The Chief Mental Health Advocate as defined in the *Mental Health Act 2014* section 4 is prescribed for the purposes of the definition of ***chief advocate*** in section 51 of the Act.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Declared Places (Mentally Impaired Accused) Regulations 2015* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Declared Places (Mentally Impaired Accused) Regulations 2015* 1 | 20 Nov 2015 p. 4712 | r. 1 and 2: 20 Nov 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Nov 2015 (see r. 2(b) and *Gazette* 13 Nov 2015 p. 4632) |\n| *Declared Places (Mentally Impaired Accused) Amendment Regulations 2024* | SL 2024/179 21 Aug 2024 | r. 1 and 2: 21 Aug 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Sep 2024 (see r. 2(b)) |\n\n\nOther notes\n\n1 Now known as the *Declared Places (Mental Impairment) Regulations 2015*; citation changed (see note under r. 1).\n\n2 Formerly referred to as the *Declared Places (Mentally Impaired Accused) Act 2015* the short title of which was changed to the *Declared Places (Mental Impairment) Act 2015* by the *Criminal Law (Mental Impairment) Act 2023* s. 325.\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of prescribing advocates for declared places. The only changes since 2015 have been updating terminology (changing 'Mentally Impaired Accused' to 'Mental Impairment' to match the parent Act amendment) and standard commencement provisions. The scope has not expanded beyond this narrow technical function."},"complexity_factors":["Only 3 substantive regulations total","No defined terms section — relies entirely on definitions from other Acts","No conditional logic, exceptions, or nested provisions","Single cross-reference to the Mental Health Act 2014 for definitions","Straightforward prescription of existing roles from another statute"],"plain_english_summary":"These regulations are a short technical piece of Western Australian law that identifies who can act as advocates for people with mental impairments who are held in 'declared places' (secure facilities for people found not fit to stand trial or not guilty due to mental impairment).\n\n**What it does:**\n- **Names the advocates:** It officially designates two types of people who can advocate for residents:\n  - **Mental health advocates** — independent advocates who help people understand their rights and make decisions about their treatment and care\n  - **Chief Mental Health Advocate** — the head of the advocacy service who oversees the system\n\n**Who it affects:**\n- People detained in declared places under the *Declared Places (Mental Impairment) Act 2015* (formerly called the Mentally Impaired Accused Act)\n- The advocates who represent them\n- The staff running declared places who must recognise these advocates\n\n**Why it matters:**\nPeople held in declared places are in a vulnerable position — they've been caught up in the criminal justice system but found not responsible due to mental impairment. Having officially recognised advocates ensures they have someone in their corner to protect their rights, challenge decisions about their detention or treatment, and help them navigate a complex system. These regulations make sure the advocacy roles created under the *Mental Health Act 2014* also apply to people in declared places."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Substantive scope has not changed from the original instrument: the regulations continue to prescribe which advocacy offices count as the \"advocate\" and \"chief advocate\" for s51 of the Act (reg 3(1)–(2)). Recent amendments update the citation and commencement mechanics (see reg 1 amended SL 2024/179 r.4 and reg 2), and the Act's short title was changed by Criminal Law (Mental Impairment) Act 2023 s325, but no new duties, funding obligations, or expanded persons covered are introduced."},"complexity_factors":["Very narrow substantive scope: two definitional prescriptions only (reg 3(1)–(2)).","Cross-references to other laws increase legal dependency: Mental Health Act 2014 s4 (definitions) and s350 (commencement trigger).","Staged commencement adds implementation timing dependency (reg 2).","Amendment and renaming history requires checking multiple instruments (SL 2024/179; Criminal Law (Mental Impairment) Act 2023 s325).","Low administrative discretion: regulations designate roles rather than create new powers or obligations.","Minimal compliance burden on private parties; primary effects are administrative and interpretive."],"plain_english_summary":"These regulations officially name who counts as an \"advocate\" and a \"chief advocate\" for the Declared Places (Mental Impairment) Act: the Mental Health Advocate and the Chief Mental Health Advocate as defined in the Mental Health Act 2014 s4. They also set when the regulations start (regs 1–2 on Gazette publication; the rest when Mental Health Act 2014 s350 commences). The rules affect people in declared places and the advocacy offices that represent them; funding or payment obligations are not specified."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative content was not retrievable. The page has been taken offline during a website system upgrade. No comparison between original intent and enacted provisions is possible from the available information."},"complexity_factors":["The actual legislative text is unavailable — only a broken-link error page was provided","No substantive provisions, definitions, or schedules can be assessed","Complexity score reflects the inability to analyse content, not the inherent complexity of the subject matter (which, if accessible, would likely score 6–8 given the intersection of mental health law, criminal law, and administrative regulation)"],"plain_english_summary":"The Declared Places (Mental Impairment) Regulations 2015 (WA) are subordinate rules governing designated facilities and arrangements for people found not guilty by reason of mental impairment. They set how declared places operate and how affected persons are managed.\n\nThey matter to detained patients, families, clinicians, facility managers and lawyers involved in WA’s forensic mental health system."}},"importantCases":[],"_links":{"self":"/api/acts/declared-places-mental-impairment-regulations-2015","history":"/api/acts/declared-places-mental-impairment-regulations-2015/history","analysis":"/api/acts/declared-places-mental-impairment-regulations-2015/analysis","conflicts":"/api/acts/declared-places-mental-impairment-regulations-2015/conflicts","importantCases":"/api/acts/declared-places-mental-impairment-regulations-2015/important-cases","documents":"/api/acts/declared-places-mental-impairment-regulations-2015/documents"}}