Part 1
Preliminary
Part 1 — Preliminary
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Western Australia act
Mechanically, the Act replaces the previous mentally‑impaired‑accused law and sets out how courts, the Tribunal and the Supreme Court decide fitness to stand trial, run special proceedings, and impose custody orders, community supervision orders or release. It also creates processes for extended and interim orders, mandatory notifications and reporting, and a mental health advocacy service.
It affects accused and supervised persons, courts, the Tribunal, the Minister, treating agencies and advocates. It matters because it fixes who decides detention or community supervision, the evidence and review standards, and imposes procedural, reporting and resourcing duties on public agencies.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Criminal Law (Mental Impairment) Act 2023.
Part 1 — Preliminary
Division 1 — Introduction
Short title 22
Commencement 22
Division 2 — General overview
Overview of Act 22
Overview: supervision orders 24
Overview: appeals and internal review 26
Overviews are guide only 26
Division 3 — Objects, principles and paramount consideration
Objects and principles 27
Paramount consideration 29
Division 4 — Interpretation
Terms used 29
Child‑specific considerations 36
Commission of offence: persons who have been acquitted on account of mental impairment 36
Division 5 — Other provisions
Act binds Crown 37
Application of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 37
Part 2 — General provisions
Division 1 — Courts’ procedures
Application of Criminal Procedure Act 2004 to proceedings under Pt. 3 and 5 38
Adjournments 38
Division 2 — Interaction with Mental Health Act 2014
Criminal law applies to involuntary patients 39
Person in custody may be made involuntary patient 39
Supervised person in community may be made involuntary patient 40
Court may make hospital order in respect of accused 40
Division 3 — Communication with accused and supervised persons
Communication and support measures 42
Appointment of communication partner for accused or supervised person 42
Division 4 — Submissions by close family members and carers
Division 5 — Reports under this Act
Part 3 — Accused who are unfit to stand trial
Overview of Part 45
Application of Part 45
Division 2 — Raising and deciding question of fitness of accused
Accused who is unfit to stand trial 46
Presumptions as to fitness to stand trial 46
When the question of fitness to stand trial may be raised 46
Deciding question of fitness to stand trial 47
Chief Mental Health Advocate to be notified 48
Determining question of fitness if charge to be dealt with on indictment 48
Fit to stand trial with support measures 49
Division 3 — Procedure following finding of unfitness
Subdivision 1 — Application of Division
Division applies to accused found unfit 49
Application of Young Offenders Act 1994 49
Subdivision 2 — General procedure
Opportunity for accused to become fit to stand trial 49
Chief Mental Health Advocate to be notified 50
Court to make orders as to how charge against unfit accused to be dealt with 50
Legal representation of unfit accused 51
Procedure for deciding if accused has become fit to stand trial 51
Trial to continue if accused found fit to stand trial 51
Subdivision 3 — Special proceedings
Nature of special proceedings 52
Conduct of special proceedings 52
Effect of findings 53
Part 4 — Persons required to be dealt with under this Act
Part 5 — Court‑ordered dispositions
Division 1 — Overview of Part
Division 2 — Orders that may be made by court
Orders that may be made 57
Orders that may be made: considerations 58
Court to notify Tribunal and Chief Mental Health Advocate of orders 59
Division 3 — Custody orders
Custody orders 59
Limiting term for custody order 59
When custody order ceases to have effect 60
Division 4 — Community supervision orders
Community supervision orders 60
Term of community supervision order 60
Conditions of community supervision order: statutory conditions 61
Conditions of community supervision order: court imposed conditions 61
When community supervision order ceases to have effect 63
Part 6 — Administration of supervision orders by Tribunal
Overview of Part 64
Representative of supervised person 66
Non‑compliance with conditions of orders 66
Division 2 — Declared places
Division 3 — Custody orders: places of custody
Place of custody to be determined 67
Limitations on place of custody 67
Tribunal to notify determination of place of custody 69
Place of custody may be changed 69
Division 4 — Tribunal to review orders
Terms used 69
Initial and periodic review 70
Application for review by supervised person, representative or legal practitioner 71
Review by Tribunal on its own initiative 71
Review at request of Minister 71
Time of review may be extended in certain cases 71
Notice to supervised persons and CEO of review proceedings 72
Matters to be considered on review 73
Orders the Tribunal may make after carrying out review 74
Court may cancel certain orders 76
Truncated review in serious and urgent cases 76
Copy of order and reasons for decision to be given to certain persons 77
Division 5 — Custody orders: leave of absence
Leave of absence orders 78
Tribunal making or varying leave of absence orders 78
Effect of certain leave of absence orders 80
Notifying Tribunal about breach of leave of absence order 80
Breach of conditions of leave of absence order 80
Cancelled leave of absence order 81
Absence without leave from place of custody 81
Relationship of Division to other Acts 82
Division 6 — Community supervision orders
Tribunal to designate supervising officer 82
Tribunal varying conditions on community supervision order 83
Notifying Tribunal about breach of conditions of community supervision order 83
Breach of conditions of community supervision order 84
Court’s powers to deal with breach of conditions of community supervision order 85
Division 7 — Review of and appeals against certain decisions
Subdivision 1 — Internal review by Tribunal
Term used: reviewable decision 86
Internal review of Tribunal decision 86
Nature of review proceedings 87
Subdivision 2 — Appeals to Supreme Court
Appeals against certain decisions 88
Arrest of person subject to custody order 89
Grounds of appeal 90
Dealing with appeal 90
Effect of appeal on decision appealed against 91
Subdivision 3 — Effect of decisions made on, or as a consequence of, review or appeal
Division 8 — Supervising officers
Part 7 — Extended custody and community supervision orders
Overview of Part 93
Nature of court proceedings under Part 94
References to orders include extended orders 94
Division 2 — Tribunal to consider and report on need for extended orders
Tribunal to consider and report on need for extended custody orders 94
Tribunal to consider and report on need for extended community supervision orders 95
Division 3 — Applications for extended orders
Minister may apply for extended order 95
Report to be prepared for application 96
Division 4 — Interim orders pending determination of applications
Interim custody orders 96
Interim community supervision orders 97
Division 5 — Making extended custody orders
Extended custody orders 98
Supreme Court may make extended custody order 99
Leave of absence orders and conditions carried over 100
When extended custody order has effect 100
Division 6 — Making extended community supervision orders
Extended community supervision orders 101
Supreme Court may make extended community supervision order 101
Conditions carried over 101
When extended community supervision order has effect 102
Division 7 — Review of extended custody orders
Periodic review on application by Minister 102
Application by supervised person for review 103
Dealing with application for review 103
Report to be prepared for review 103
Court’s powers on review of extended custody order 104
Division 8 — General
Court to notify Tribunal of orders 105
Evidence in extended order proceedings 105
Court may give directions 106
Appearance at hearings 106
Part 8 — Mental health advocacy services for unfit accused and supervised persons
Overview of Part 107
Terms used 107
Division 2 — Access to mental health advocacy services
Access to mental health advocacy services 108
Request for CLMI identified person to be contacted 109
Duty to contact CLMI identified person 109
Division 3 — Functions and powers of mental health advocates
Functions of Chief Mental Health Advocate 110
Directions to Chief Mental Health Advocate about general matters 111
Delegation by Chief Mental Health Advocate 112
Functions of mental health advocates 113
Powers of mental health advocates relating to CLMI identified persons 115
Issues arising out of inquiries and investigations 116
Documents to which access is restricted 117
Disclosure by mental health advocate 118
Division 4 — Interaction with Mental Health Act 2014
Division 5 — Reporting in relation to mental health advocacy services
Part 9 — Victim considerations
Overview of Part 122
Terms used 122
Division 2 — Victim impact statements may be given to court
Term used 124
Victim impact statements may be given to court 124
Content of victim impact statements 124
Availability of victim impact statements 125
Division 3 — Victim submissions may be made to Tribunal
Division 4 — Victim submissions may be made to court
Victim submissions may be made to court 126
Content of victim’s submission 127
Availability of victim’s submissions 127
Division 5 — Notice of Tribunal review given to victims
Notice to victims of review proceedings 128
Delegation by CEO 129
Division 6 — Miscellaneous
Part 10 — Mental Impairment Review Tribunal
Overview of Part 130
Terms used 130
Division 2 — Mental Impairment Review Tribunal
Tribunal established 131
Tribunal’s jurisdiction 131
Constitution of Tribunal 131
Contemporaneous exercise of jurisdiction 132
Division 3 — Proceedings of Tribunal
Conduct of proceedings 133
Who presides 133
Decision of Tribunal 133
Questions of law 134
Evidence generally 135
Appearance in review proceedings 135
Summons to give evidence or produce documents 136
Power to examine on oath 136
Privilege against self‑incrimination 136
Confidentiality orders 137
Publication of names 138
Division 4 — Membership of Tribunal
Tribunal members 138
Qualifications of certain members 139
Terms and conditions of appointment 141
Remuneration 141
Deputy President acting as President 142
Leave of absence from office 142
Vacating office prematurely 142
Conditions for public service members 143
Resignation of members 143
Terminating appointment of members 143
Training of members 144
Division 5 — General powers of Tribunal
Exercise and performance of Tribunal’s administrative powers and duties 144
Tribunal may use experts 145
Tribunal may require examination of supervised person 145
Issue of warrants by Tribunal 145
Power to obtain information and records 146
Extension of time in which to give report or other information 146
Division 6 — Registrar, staff and facilities of Tribunal
Division 7 — Miscellaneous
Offences relating to information and records 147
Tribunal to notify Public Advocate of orders 149
Tribunal to report death of supervised person to coroner 149
Tribunal may request information from SAT about supervised person’s guardian or administrator 149
Seal 150
Orders 150
President may issue practice notes 150
Delegation by President 150
Judicial notice and evidence of certain matters 151
Annual report 151
Part 11 — Transfer into and out of the State
Overview of Part 152
Terms used 152
Informed consent 153
Nature of proceedings under this Part 153
Division 2 — Transfer of persons from Western Australia
Division 3 — Transfer of persons to Western Australia
Transfer of persons from a participating jurisdiction to Western Australia 154
Interim dispositions for persons transferred to Western Australia 156
Review of persons transferred to Western Australia 157
Limiting term for custody order 158
Court to make orders if person has been in custody longer than limiting term 159
Division 4 — Interaction with other transfer related laws
Interaction with Mental Health Act 2014 160
Interaction with Prisoners (Interstate Transfer) Act 1983 160
Persons subject to international supervision orders 161
Part 12 — Appeals to Court of Appeal
Overview of Part 162
Term used: deciding court 162
Division 2 — Appeals to Court of Appeal
Appeals against certain decisions 162
Grounds of appeal 164
Dealing with appeal 165
Appeal does not stay decision 165
Effect of decisions made on, or as a consequence of, appeal 166
Part 13 — Miscellaneous
Division 2 — Electronic monitoring and curfew
Term used: approved electronic monitoring device 169
Electronic monitoring 169
Curfew 170
Enforcement of electronic monitoring and curfew 171
Division 3 — Protection of information
Division 4 — Cooperation and sharing of information between supporting agencies
Cooperation between supporting agencies 174
Disclosure of information between supporting agencies 174
Division 5 — Interactions between supervision orders and sentences
Interactions between supervision orders and sentences 175
Interactions between supervision orders and Commonwealth sentences 176
Division 6 — General
Giving notice, information, summonses and other documents 177
Issue and execution of warrants 177
Protection from liability 178
Regulations 179
Rules of court 179
Review of Act 179
Part 14 — Repeals and transitional provisions
Division 1 — Repeals
Criminal Law (Mentally Impaired Accused) Act 1996 repealed 180
Criminal Law (Mentally Impaired Accused) Regulations 1997 repealed 180
Division 2 — Transitional provisions for Criminal Law (Mental Impairment) Act 2023
Subdivision 1 — Preliminary matters
Terms used 180
Interpretation Act 1984 not affected 180
Subdivision 2 — General provisions
Completion of things commenced before commencement day 181
Continuing effect of things done before commencement day 181
Continuation of duties of Board or registrar 181
References to repealed Act and old provisions 181
Relationship of this Subdivision to other transitional provisions 182
Subdivision 3 — Court proceedings
Proceedings generally 182
Question of fitness raised under repealed Act s. 11 182
Inquiries and appeals under repealed Act s. 12 183
Adjournments and other matters under repealed Act s. 16 or s. 19 183
Previous finding of unfitness 184
Requirement to make order under repealed Act s. 22 184
Subdivision 4 — Orders and other things to continue
Purpose of Subdivision 185
Hospital orders 185
Bail and custody under repealed Act s. 14 185
Existing community orders 185
Existing custody orders 186
Leave of absence orders 187
Absence without leave 188
Release orders 188
Breaches of conditions of release orders 189
Warrants 190
Subdivision 5 — Setting limiting term for existing custody orders
Application of this Subdivision 190
Application to set limiting term 190
Limiting term in cases of murder and manslaughter 190
Procedural matters 191
Court to set limiting term 192
Where person subject to existing custody order has been, or soon will have been, in custody longer than limiting term 193
Legal representation of person subject to existing custody order 194
Functions of Director of Public Prosecutions 195
Subdivision 6 — Matters relating to Board and its functions
Proceedings generally 195
Places of custody 195
Supervising officers 196
Examination required by Board 197
Members of Board 197
Registrar 198
Subdivision 7 — Miscellaneous
Final annual report to Minister 198
Records of Board 199
Tribunal to provide Chief Mental Health Advocate with details of supervised persons 199
Notice to Public Advocate 199
Declared places 199
Subdivision 8 — Transitional regulations
Part 15 — Consequential amendments to other Acts
Division 1 — Bail Act 1982 amended
Bail Act 1982 amended 202
Schedule 1 Part C amended 202
Division 2 — Children’s Court of Western Australia Act 1988 amended
Children’s Court of Western Australia Act 1988 amended 203
Section 21 amended 203
Division 3 — Community Protection (Offender Reporting) Act 2004 amended
Community Protection (Offender Reporting) Act 2004 amended 204
Section 3 amended 204
Section 4 amended 205
Section 70 amended 206
Section 85A amended 206
Division 4 — Coroners Act 1996 amended
Coroners Act 1996 amended 206
Section 3 amended 206
Division 5 — Court Security and Custodial Services Act 1999 amended
Court Security and Custodial Services Act 1999 amended 207
Section 3 amended 207
Section 4 amended 208
Section 16 amended 208
Section 96 amended 208
Schedule 2 amended 208
Division 6 — Criminal Appeals Act 2004 amended
Criminal Appeals Act 2004 amended 209
Section 4 amended 209
Section 6 amended 209
Section 8 amended 210
Section 11 amended 210
Section 12 amended 210
Section 14 amended 211
Section 24 amended 211
Section 25 amended 212
Section 25A inserted 213
25A. Rights of appeal relating to Criminal Law (Mental Impairment) Act 2023 213
Section 30 amended 213
Section 31 amended 214
Section 32 amended 214
Sections 32A and 32B inserted 216
32A. Decision on appeal under s. 25A(a) or (b) 216
32B. Decision on appeal under s. 25A(c) or (d) 219
41A. Custody orders under Criminal Law (Mental Impairment) Act 2023 220
Section 46A amended 221
Various references to “unsoundness of mind” amended 221
Division 7 — Criminal Injuries Compensation Act 2003 amended
Criminal Injuries Compensation Act 2003 amended 222
Section 15 amended 222
Division 8 — Criminal Investigation (Identifying People) Act 2002 amended
Criminal Investigation (Identifying People) Act 2002 amended 222
Section 67 amended 223
Division 9 — Criminal Procedure Act 2004 amended
Criminal Procedure Act 2004 amended 223
Section 126 amended 223
Section 130 amended 223
Division 10 — Cross‑border Justice Act 2008 amended
Cross‑border Justice Act 2008 amended 223
Part 9 heading replaced 223
Part 9 — Persons with mental impairment
Division 11 — Declared Places (Mentally Impaired Accused) Act 2015 amended
Declared Places (Mentally Impaired Accused) Act 2015 amended 224
Long title replaced 224
Section 1 amended 224
Section 3 amended 224
Section 18 replaced 226
CEO’s functions as to residents 226
Section 19 amended 226
Section 20 amended 227
Section 53 amended 227
Section 57 amended 227
Part 12 replaced 228
Part 12 — Transitional provisions for Criminal Law (Mental Impairment) Act 2023
Terms used 228
Provision of information about residents 228
Division 12 — Disability Services Act 1993 amended
Disability Services Act 1993 amended 229
Section 3 amended 229
Section 12 amended 229
Section 21 amended 230
Division 13 — Electoral Act 1907 amended
Electoral Act 1907 amended 230
Section 18 amended 230
Section 59 amended 230
Division 14 — Evidence Act 1906 amended
Evidence Act 1906 amended 232
Section 100A amended 232
Section 106A amended 232
Division 15 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended
Fines, Penalties and Infringement Notices Enforcement Act 1994 amended 233
Section 52C amended 233
Division 16 — Guardianship and Administration Act 1990 amended
Guardianship and Administration Act 1990 amended 233
Section 98 replaced 233
Supervised persons under Criminal Law (Mental Impairment) Act 2023 233
Division 17 — High Risk Serious Offenders Act 2020 amended
High Risk Serious Offenders Act 2020 amended 234
Section 6 amended 234
Section 79 amended 234
Division 18 — Juries Act 1957 amended
Juries Act 1957 amended 235
Section 5 amended 235
Division 19 — Magistrates Court Act 2004 amended
Magistrates Court Act 2004 amended 236
Section 11A inserted 236
11A. Limitations on exercise of certain jurisdiction 236
Division 20 — Mental Health Act 2014 amended
Mental Health Act 2014 amended 236
Section 4 amended 236
Section 82 replaced 238
Application of this Part 238
Section 105 amended 238
Section 127 amended 239
Section 145 amended 239
Part 9 Division 4 inserted 240
Division 4 — Notification of Mental Impairment Review Tribunal about absence of supervised persons
145A. Notification about absence of supervised persons 240
Section 177 amended 240
Section 185 amended 241
Section 196 amended 241
Section 198 amended 241
Section 199 amended 242
Section 200 amended 242
Section 201 amended 242
Section 204 amended 243
Section 209 amended 244
Section 224 amended 244
Section 240 amended 244
Section 241 amended 245
Section 242 amended 245
Section 243 amended 245
Section 249 amended 246
Section 258 amended 247
Section 288 amended 247
Section 289 amended 247
Section 348 amended 248
Section 357 amended 249
Section 409 amended 250
Section 423 amended 250
Section 515 amended 251
Section 520 amended 251
Section 527 amended 252
Section 536 amended 253
Part 30 inserted 254
Part 30 — Transitional matters for Criminal Law (Mental Impairment) Act 2023
Terms used 254
Functions in respect of Board 254
Duty to contact identified person 254
Various headings amended 255
Division 21 — National Disability Insurance Scheme (Worker Screening) Act 2020 amended
National Disability Insurance Scheme (Worker Screening) Act 2020 amended 255
Section 7 amended 255
Division 22 — Parliamentary Commissioner Act 1971 amended
Parliamentary Commissioner Act 1971 amended 256
Section 19H amended 256
Division 23 — Prisoners (Release for Deportation) Act 1989 amended
Prisoners (Release for Deportation) Act 1989 amended 257
Section 6A inserted 257
6A. Persons under custody orders under Criminal Law (Mental Impairment) Act 2023 257
Division 24 — Prisons Act 1981 amended
Prisons Act 1981 amended 258
Section 67 amended 258
Section 113 amended 258
Division 25 — Restraining Orders Act 1997 amended
Restraining Orders Act 1997 amended 259
Section 44E amended 259
Division 26 — Security and Related Activities (Control) Act 1996 amended
Security and Related Activities (Control) Act 1996 amended 260
Section 4B amended 260
Division 27 — Sentence Administration Act 2003 amended
Sentence Administration Act 2003 amended 260
Section 98 amended 260
Section 119 amended 261
Division 28 — Working with Children (Criminal Record Checking) Act 2004 amended
Working with Children (Criminal Record Checking) Act 2004 amended 261
Section 8 amended 261
Division 29 — Young Offenders Act 1994 amended
Young Offenders Act 1994 amended 262
Section 16 amended 262
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Criminal Law (Mental Impairment) Act 2023
Western Australia
Criminal Law (Mental Impairment) Act 2023
Contents
Part 1 — Preliminary
Division 1 — Introduction
Short title 22
Commencement 22
Division 2 — General overview
Overview of Act 22
Overview: supervision orders 24
Overview: appeals and internal review 26
Overviews are guide only 26
Division 3 — Objects, principles and paramount consideration
Objects and principles 27
Paramount consideration 29
Division 4 — Interpretation
Terms used 29
Child‑specific considerations 36
Commission of offence: persons who have been acquitted on account of mental impairment 36
Division 5 — Other provisions
Act binds Crown 37
Application of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 37
Part 2 — General provisions
Division 1 — Courts’ procedures
Application of Criminal Procedure Act 2004 to proceedings under Pt. 3 and 5 38
Adjournments 38
Division 2 — Interaction with Mental Health Act 2014
Criminal law applies to involuntary patients 39
Person in custody may be made involuntary patient 39
Supervised person in community may be made involuntary patient 40
Court may make hospital order in respect of accused 40
Division 3 — Communication with accused and supervised persons
Communication and support measures 42
Appointment of communication partner for accused or supervised person 42
Division 4 — Submissions by close family members and carers
Division 5 — Reports under this Act
Part 3 — Accused who are unfit to stand trial
Division 1 — Preliminary matters
Overview of Part 45
Application of Part 45
Division 2 — Raising and deciding question of fitness of accused
Accused who is unfit to stand trial 46
Presumptions as to fitness to stand trial 46
When the question of fitness to stand trial may be raised 46
Deciding question of fitness to stand trial 47
Chief Mental Health Advocate to be notified 48
Determining question of fitness if charge to be dealt with on indictment 48
Fit to stand trial with support measures 49
Division 3 — Procedure following finding of unfitness
Subdivision 1 — Application of Division
Division applies to accused found unfit 49
Application of Young Offenders Act 1994 49
Subdivision 2 — General procedure
Opportunity for accused to become fit to stand trial 49
Chief Mental Health Advocate to be notified 50
Court to make orders as to how charge against unfit accused to be dealt with 50
Legal representation of unfit accused 51
Procedure for deciding if accused has become fit to stand trial 51
Trial to continue if accused found fit to stand trial 51
Subdivision 3 — Special proceedings
Nature of special proceedings 52
Conduct of special proceedings 52
Effect of findings 53
Part 4 — Persons required to be dealt with under this Act
Part 5 — Court‑ordered dispositions
Division 1 — Overview of Part
Division 2 — Orders that may be made by court
Orders that may be made 57
Orders that may be made: considerations 58
Court to notify Tribunal and Chief Mental Health Advocate of orders 59
Division 3 — Custody orders
Custody orders 59
Limiting term for custody order 59
When custody order ceases to have effect 60
Division 4 — Community supervision orders
Community supervision orders 60
Term of community supervision order 60
Conditions of community supervision order: statutory conditions 61
Conditions of community supervision order: court imposed conditions 61
When community supervision order ceases to have effect 63
Part 6 — Administration of supervision orders by Tribunal
Division 1 — Preliminary matters
Overview of Part 64
Representative of supervised person 66
Non‑compliance with conditions of orders 66
Division 2 — Declared places
Division 3 — Custody orders: places of custody
Place of custody to be determined 67
Limitations on place of custody 67
Tribunal to notify determination of place of custody 69
Place of custody may be changed 69
Division 4 — Tribunal to review orders
Terms used 69
Initial and periodic review 70
Application for review by supervised person, representative or legal practitioner 71
Review by Tribunal on its own initiative 71
Review at request of Minister 71
Time of review may be extended in certain cases 71
Notice to supervised persons and CEO of review proceedings 72
Matters to be considered on review 73
Orders the Tribunal may make after carrying out review 74
Court may cancel certain orders 76
Truncated review in serious and urgent cases 76
Copy of order and reasons for decision to be given to certain persons 77
Division 5 — Custody orders: leave of absence
Leave of absence orders 78
Tribunal making or varying leave of absence orders 78
Effect of certain leave of absence orders 80
Notifying Tribunal about breach of leave of absence order 80
Breach of conditions of leave of absence order 80
Cancelled leave of absence order 81
Absence without leave from place of custody 81
Relationship of Division to other Acts 82
Division 6 — Community supervision orders
Tribunal to designate supervising officer 82
Tribunal varying conditions on community supervision order 83
Notifying Tribunal about breach of conditions of community supervision order 83
Breach of conditions of community supervision order 84
Court’s powers to deal with breach of conditions of community supervision order 85
Division 7 — Review of and appeals against certain decisions
Subdivision 1 — Internal review by Tribunal
Term used: reviewable decision 86
Internal review of Tribunal decision 86
Nature of review proceedings 87
Subdivision 2 — Appeals to Supreme Court
Appeals against certain decisions 88
Arrest of person subject to custody order 89
Grounds of appeal 90
Dealing with appeal 90
Effect of appeal on decision appealed against 91
Subdivision 3 — Effect of decisions made on, or as a consequence of, review or appeal
Division 8 — Supervising officers
Part 7 — Extended custody and community supervision orders
Division 1 — Preliminary matters
Overview of Part 93
Nature of court proceedings under Part 94
References to orders include extended orders 94
Division 2 — Tribunal to consider and report on need for extended orders
Tribunal to consider and report on need for extended custody orders 94
Tribunal to consider and report on need for extended community supervision orders 95
Division 3 — Applications for extended orders
Minister may apply for extended order 95
Report to be prepared for application 96
Division 4 — Interim orders pending determination of applications
Interim custody orders 96
Interim community supervision orders 97
Division 5 — Making extended custody orders
Extended custody orders 98
Supreme Court may make extended custody order 99
Leave of absence orders and conditions carried over 100
When extended custody order has effect 100
Division 6 — Making extended community supervision orders
Extended community supervision orders 101
Supreme Court may make extended community supervision order 101
Conditions carried over 101
When extended community supervision order has effect 102
Division 7 — Review of extended custody orders
Periodic review on application by Minister 102
Application by supervised person for review 103
Dealing with application for review 103
Report to be prepared for review 103
Court’s powers on review of extended custody order 104
Division 8 — General
Court to notify Tribunal of orders 105
Evidence in extended order proceedings 105
Court may give directions 106
Appearance at hearings 106
Part 8 — Mental health advocacy services for unfit accused and supervised persons
Division 1 — Preliminary matters
Overview of Part 107
Terms used 107
Division 2 — Access to mental health advocacy services
Access to mental health advocacy services 108
Request for CLMI identified person to be contacted 109
Duty to contact CLMI identified person 109
Division 3 — Functions and powers of mental health advocates
Functions of Chief Mental Health Advocate 110
Directions to Chief Mental Health Advocate about general matters 111
Delegation by Chief Mental Health Advocate 112
Functions of mental health advocates 113
Powers of mental health advocates relating to CLMI identified persons 115
Issues arising out of inquiries and investigations 116
Documents to which access is restricted 117
Disclosure by mental health advocate 118
Division 4 — Interaction with Mental Health Act 2014
Division 5 — Reporting in relation to mental health advocacy services
Part 9 — Victim considerations
Division 1 — Preliminary matters
Overview of Part 122
Terms used 122
Division 2 — Victim impact statements may be given to court
Term used 124
Victim impact statements may be given to court 124
Content of victim impact statements 124
Availability of victim impact statements 125
Division 3 — Victim submissions may be made to Tribunal
Division 4 — Victim submissions may be made to court
Victim submissions may be made to court 126
Content of victim’s submission 127
Availability of victim’s submissions 127
Division 5 — Notice of Tribunal review given to victims
Notice to victims of review proceedings 128
Delegation by CEO 129
Division 6 — Miscellaneous
Part 10 — Mental Impairment Review Tribunal
Division 1 — Preliminary matters
Overview of Part 130
Terms used 130
Division 2 — Mental Impairment Review Tribunal
Tribunal established 131
Tribunal’s jurisdiction 131
Constitution of Tribunal 131
Contemporaneous exercise of jurisdiction 132
Division 3 — Proceedings of Tribunal
Conduct of proceedings 133
Who presides 133
Decision of Tribunal 133
Questions of law 134
Evidence generally 135
Appearance in review proceedings 135
Summons to give evidence or produce documents 136
Power to examine on oath 136
Privilege against self‑incrimination 136
Confidentiality orders 137
Publication of names 138
Division 4 — Membership of Tribunal
Tribunal members 138
Qualifications of certain members 139
Terms and conditions of appointment 141
Remuneration 141
Deputy President acting as President 142
Leave of absence from office 142
Vacating office prematurely 142
Conditions for public service members 143
Resignation of members 143
Terminating appointment of members 143
Training of members 144
Division 5 — General powers of Tribunal
Exercise and performance of Tribunal’s administrative powers and duties 144
Tribunal may use experts 145
Tribunal may require examination of supervised person 145
Issue of warrants by Tribunal 145
Power to obtain information and records 146
Extension of time in which to give report or other information 146
Division 6 — Registrar, staff and facilities of Tribunal
Division 7 — Miscellaneous
Offences relating to information and records 147
Tribunal to notify Public Advocate of orders 149
Tribunal to report death of supervised person to coroner 149
Tribunal may request information from SAT about supervised person’s guardian or administrator 149
Seal 150
Orders 150
President may issue practice notes 150
Delegation by President 150
Judicial notice and evidence of certain matters 151
Annual report 151
Part 11 — Transfer into and out of the State
Division 1 — Preliminary matters
Overview of Part 152
Terms used 152
Informed consent 153
Nature of proceedings under this Part 153
Division 2 — Transfer of persons from Western Australia
Division 3 — Transfer of persons to Western Australia
Transfer of persons from a participating jurisdiction to Western Australia 154
Interim dispositions for persons transferred to Western Australia 156
Review of persons transferred to Western Australia 157
Limiting term for custody order 158
Court to make orders if person has been in custody longer than limiting term 159
Division 4 — Interaction with other transfer related laws
Interaction with Mental Health Act 2014 160
Interaction with Prisoners (Interstate Transfer) Act 1983 160
Persons subject to international supervision orders 161
Part 12 — Appeals to Court of Appeal
Division 1 — Preliminary matters
Overview of Part 162
Term used: deciding court 162
Division 2 — Appeals to Court of Appeal
Appeals against certain decisions 162
Grounds of appeal 164
Dealing with appeal 165
Appeal does not stay decision 165
Effect of decisions made on, or as a consequence of, appeal 166
Part 13 — Miscellaneous
Division 1 — Preliminary matters
Division 2 — Electronic monitoring and curfew
Term used: approved electronic monitoring device 169
Electronic monitoring 169
Curfew 170
Enforcement of electronic monitoring and curfew 171
Division 3 — Protection of information
Division 4 — Cooperation and sharing of information between supporting agencies
Cooperation between supporting agencies 174
Disclosure of information between supporting agencies 174
Division 5 — Interactions between supervision orders and sentences
Interactions between supervision orders and sentences 175
Interactions between supervision orders and Commonwealth sentences 176
Division 6 — General
Giving notice, information, summonses and other documents 177
Issue and execution of warrants 177
Protection from liability 178
Regulations 179
Rules of court 179
Review of Act 179
Part 14 — Repeals and transitional provisions
Division 1 — Repeals
Criminal Law (Mentally Impaired Accused) Act 1996 repealed 180
Criminal Law (Mentally Impaired Accused) Regulations 1997 repealed 180
Division 2 — Transitional provisions for Criminal Law (Mental Impairment) Act 2023
Subdivision 1 — Preliminary matters
Terms used 180
Interpretation Act 1984 not affected 180
Subdivision 2 — General provisions
Completion of things commenced before commencement day 181
Continuing effect of things done before commencement day 181
Continuation of duties of Board or registrar 181
References to repealed Act and old provisions 181
Relationship of this Subdivision to other transitional provisions 182
Subdivision 3 — Court proceedings
Proceedings generally 182
Question of fitness raised under repeal
This is an opening excerpt, not the complete document.