{"id":"declared-places-mentally-impaired-accused-regulations-2015","name":"Declared Places (Mentally Impaired Accused) Regulations 2015","slug":"declared-places-mentally-impaired-accused-regulations-2015","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174529,"registerId":"wa-declared-places-mentally-impaired-accused-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declared Places (Mentally Impaired Accused) 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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available in the provided content. Only a system error message and an Acknowledgement of Country were present."},"complexity_factors":["No legislative text was retrievable — only an error/redirect page was provided","Complexity cannot be meaningfully assessed without actual content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"**No usable legislative content could be retrieved.**\n\nThe link to the *Declared Places (Mentally Impaired Accused) Regulations 2015* (Western Australia) returned an error page — the document has moved or been removed from the Western Australian legislation website due to system upgrades. No actual regulatory text was available for analysis.\n\n**What we know from the title alone:**\nThis is a Western Australian regulation made under the *Declared Places (Mentally Impaired Accused) Act 2015*. It likely sets out rules about **declared places** — secure facilities where people found unfit to stand trial or not guilty on grounds of mental impairment may be detained or supervised. It would affect:\n- People detained under mental impairment findings in WA courts\n- Operators and staff of declared facilities\n- Health and justice agencies managing such individuals\n\nTo access the actual content, visit the [WA Legislation website](https://www.legislation.wa.gov.au) and search directly for this title."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations do not alter substantive scope; they simply prescribe which persons fill the statutory roles of \"advocate\" and \"chief advocate\" by adopting definitions from the Mental Health Act 2014 (see reg 3(1)–(2)) and set commencement timing (reg 2). Amendments and the short-title/renaming notes (Compilation/Other notes; SL 2024/179; Criminal Law (Mental Impairment) Act 2023 s.325) are administrative and do not expand the classes affected or the regulators' powers."},"complexity_factors":["Short, narrowly focused instrument with only three regulations and minimal operative content (regs 1–3).","Relies on external statutory definitions: prescribes terms by reference to Mental Health Act 2014 s.4 (reg 3(1)–(2)), requiring users to consult another Act.","Commencement sequencing ties most operative provisions to commencement of Mental Health Act 2014 s.350 (reg 2(b)), so practical effect depends on timing in a different statute.","Amendment and renaming history (SL 2024/179; Criminal Law (Mental Impairment) Act 2023 s.325 noted) adds administrative tracking complexity (compilation table and notes).","Low discretion and compliance burden in substance, but potential for interpretive reliance on cross-referenced definitions increases legal navigation costs for administrators and advocates."],"plain_english_summary":"These regulations name which advocates are recognised under the Declared Places (Mental Impairment) Act by prescribing the Mental Health Act 2014 definitions of “mental health advocate” and “Chief Mental Health Advocate.” They also set when the regulations start, linking most provisions to the commencement of section 350 of the Mental Health Act. The rules affect people detained in declared places, the advocates who represent them, and administrators who must apply these definitions."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose of prescribing advocates for the Declared Places regime. The only changes have been nomenclature updates (changing 'Mentally Impaired Accused' to 'Mental Impairment' to match amendments to the parent Act), not substantive expansion of scope."},"complexity_factors":["Only 3 substantive regulations","No defined terms within the instrument itself (relies entirely on external definitions from the Mental Health Act 2014)","No conditional logic or exceptions","No cross-references beyond simple citations to external Act","Extremely short length (less than one page of substantive content)"],"plain_english_summary":"This is a short piece of Western Australian law that sets up who can act as an advocate (someone who speaks up for and supports) people with mental impairments who are involved in the criminal justice system.\n\n**What it does:**\n- It names specific people from the Mental Health Act 2014 who can act as advocates for mentally impaired accused persons under the Declared Places (Mental Impairment) Act 2015.\n- It says that a \"mental health advocate\" (as defined in the Mental Health Act 2014) is the \"advocate\" under this Act.\n- It says that the \"Chief Mental Health Advocate\" (also from the Mental Health Act 2014) is the \"chief advocate\" under this Act.\n\n**Who it affects:**\n- People who have been found not fit to stand trial or not guilty due to mental impairment in Western Australia.\n- These people may be held in \"declared places\" (special facilities) instead of prison.\n- The advocates help protect their rights and interests.\n\n**Why it matters:**\n- It ensures that vulnerable people in the criminal justice system have dedicated advocates looking out for them, linking the mental health advocacy system to the forensic mental health system."}},"importantCases":[],"_links":{"self":"/api/acts/declared-places-mentally-impaired-accused-regulations-2015","history":"/api/acts/declared-places-mentally-impaired-accused-regulations-2015/history","analysis":"/api/acts/declared-places-mentally-impaired-accused-regulations-2015/analysis","conflicts":"/api/acts/declared-places-mentally-impaired-accused-regulations-2015/conflicts","importantCases":"/api/acts/declared-places-mentally-impaired-accused-regulations-2015/important-cases","documents":"/api/acts/declared-places-mentally-impaired-accused-regulations-2015/documents"}}