Western Australia regulation

Declared Places (Mentally Impaired Accused) Regulations 2015

In ForceWA

Jurisdiction

Western Australia

Collection

regulation

Plain English Summary

2/10 complexity

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.

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Current sections

Direct links to the current provisions in Declared Places (Mentally Impaired Accused) Regulations 2015.

Declared Places (Mentally Impaired Accused) Regulations 2015

CrestWestern Australia

Declared Places (Mental Impairment) Act 2015 2

Declared Places (Mental Impairment) Regulations 2015

Western Australia

Declared Places (Mental Impairment) Regulations 2015

Contents

Citation 1
Commencement 1
Prescribed advocates 1

Notes

Compilation table 2

Other notes 2

Western Australia

Declared Places (Mental Impairment) Act 2015 2

Declared Places (Mental Impairment) Regulations 2015

1. Citation

	These regulations are the *Declared Places (Mental Impairment) Regulations 2015*.

[Regulation 1 amended: SL 2024/179 r. 4.]

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day on which the Mental Health Act 2014 section 350 comes into operation.

3. Prescribed advocates

(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.

(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.

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Notes

This 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.

Compilation table

Citation	Published	Commencement
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)
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))

Other notes

1 Now known as the Declared Places (Mental Impairment) Regulations 2015; citation changed (see note under r. 1).

2 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.

This 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.

Attribute work as: © State of Western Australia 2024.

By Authority: GEOFF O. LAWN, Government Printer

Source text

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

Western Australia

Declared Places (Mental Impairment) Act 2015 2

Declared Places (Mental Impairment) Regulations 2015

Western Australia

Declared Places (Mental Impairment) Regulations 2015

Contents

Citation 1
Commencement 1
Prescribed advocates 1

Notes

Compilation table 2

Other notes 2

Western Australia

Declared Places (Mental Impairment) Act 2015 2

Declared Places (Mental Impairment) Regulations 2015

1. Citation

	These regulations are the *Declared Places (Mental Impairment) Regulations 2015*.

[Regulation 1 amended: SL 2024/179 r. 4.]

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day on which the Mental Health Act 2014 section 350 comes into operation.

3. Prescribed advocates

(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.

(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.

Notes

Compilation table

Citation	Published	Commencement
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 13 Nov 2015 p. 4632)