The Criminal Law (Mental Impairment) Act 2023 (WA)
The Criminal Law (Mental Impairment) Act 2023 (WA) (‘CLMIA 2023’) was passed by Parliament in March 2023 and is expected to commence operation on 1 September 2024.
CLMIA repeals the Criminal Law (Mentally Impaired Accused) Act 1996 in its entirety and establishes a new scheme for Western Australia’s mentally impaired accused laws.
The purpose of CLMIA is to:
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- make provision in relation to criminal proceedings involving persons with mental impairment;
- provide for special criminal proceedings for persons who are unfit to stand trial;
- provide for the supervision of persons who, in special criminal proceedings, are found to have committed and offence;
- provide for the supervision of persons acquitted on account of mental impairment; and to provide for the safe reintegration into the community of persons supervised under this Act; and
- repeal the Criminal Law (Mentally Impaired Accused) Act 1996 and the Criminal Law (Mentally Impaired Accused) Regulations 1997; and for related purposes.
Resources:
- Download the Bill as Introduced
- Download the Bill as passed by originating House
- Download the Bill as passed for assent
- Explanatory Memorandum presented in the Legislative Assembly
- Explanatory Memorandum presented in the Legislative Council
- Click here for Second Reading speech presented in the Legislative Assembly (p. 6294b)
- Click here for Second Reading speech presented in the Legislative Council (p. 477b)
Education Programme for the Legal Profession on Criminal Law (Mental Impairment) Act 2023 (WA)
In 2023 the Law Society of Western Australia, in collaboration with the Department of Justice, Aboriginal Legal Services WA, Legal Aid WA and the Office of the Director of Public Prosecutions, launched an education programme on CLMIA. Seminars delivered will be made accessible to practitioners via the Law Society’s on-demand seminar platform, CPD Online.
Seminar One: Criminal Law (Mental Impairment) Act 2023 Launch
Delivered on Wednesday 23 August 2023.
The first seminar provided an overview of CLMIA, including the safeguards and protections for the rights and interests of mentally impaired accused, the transitional arrangements, and explored prosecution and defence perspectives on the new legislative scheme.
The seminar was presented by:
- Hon John Quigley MLA, Attorney General of Western Australia
- Robert Owen, Director of Public Prosecutions Western Australia
- Andrew Robson, A/Director of Legal Aid Western Australia
- Chair: David Davidson, Senior State Prosecutor, Department of Public Prosecutions
Seminar Two: Criminal Law (Mental Impairment) Act 2023: Hospital Orders and Fitness to Stand Trial
Delivered on Wednesday 1 November 2023.
The second seminar covered hospital orders and the options in relation to clients who present as being mentally unwell. It also addressed the criteria for the determination of fitness to stand trial, expert evidence, and a prosecution perspective on the process of determination.
This seminar was presented by:
- Ben Stanwix, Consultant State Prosecutor, Office of the Director of Public Prosecutions WA
- Dr Elizabeth Tate, Head of Clinical Service, State Forensic Mental Health Service Services
- Helen Loreck, Solicitor, Disability Legal WA
- Natalie Sinton, Acting Managing Solicitor, Criminal Law Division, Legal Aid WA
- Chair: Dominico Fernandes, Executive Director of Legislative Services, Department of Justice
Seminar Three: Criminal Law (Mental Impairment) Act 2023: Special Proceedings and Orders
Delivered on Monday 24 June 2024.
The Seminar was presented by:
- Ben Stanwix, Senior Consultant State Prosecutor, Office of the Director of Public Prosecutions WA
- Julia Munster, Chief Counsel, Victoria Legal Aid Chambers
- Helen Shaw, Senior Solicitor, Indictable Team 2, Legal Aid New South Wales
- Chair: Elle De Koning, Senior Policy Lawyer, RUAH Legal Services Mental Health Law Centre
Seminar Four: Criminal Law (Mental Impairment) Act 2023: Case Management, Supervision, and the New Mental Impairment Review Tribunal
Delivered on Monday 29 July 2024.
The fourth seminar covered case management and supervision, community supervision orders, the Mental Impairment Review Tribunal, appropriate reports, assesments of functional capacity and the Mental Health Advocacy Service.
This seminar was presented by:
- James Martin, Executive Manager, Strategic Services, Strategic Business Development, Court & Tribunal Services, Department of Justice
- Nathalie Heenan, Principal Policy Officer – Criminal Law (Mental Impairment) Project, Adult Community Corrective Services
- Professor Natalie Pyszora, Forensic Psychiatrist & Adjunct Professor, Victoria University; Forensic Mental Health Projects, Statewide Forensic Mental Health Service; and NMHS Mental Health, Public Health and Dental Health Services
- Serina Collins, A/Principal Project Officer – Criminal Law (Mental Impairment) Reform, Department of Justice
- Terri James, Senior Advocate, Mental Health Advocacy Service
- Tim Smith, Manager – Neurodevelopmental Disability Assesment, Department of Communities
- Chair: Karen Farley SC, Criminal Law Division, Legal Aid WA
Seminar Five: Criminal Law (Mental Impairment) Act 2023: Supporting Mentally Impaired Accused in the Community and Communication Partners
Delivered on Monday 26 August 2024.
This seminar discussed how to organise support for clients with mental impairment including young people, culturally and linguistically diverse people, First Nations people and those in regional communities. The session also covered communication partners, which included a case study from the Australian Capital Territory.
This seminar was presented by:
- James Martin, Executive Manager – Strategic Services, Strategic Business Development, Court and Tribunal Services, Department of Justice
- Jolin Edmondson, Principal Project Officer – CLMI Reform, Court and Tribunal Services, Department of Justice
- Laura Cilesio, Senior Director, Intermediary Program, ACT Human Rights Commission
- Maxine Drake, Senior Advocate, Developmental Disability WA
- Sarah Cocco, Senior Intermediary, Intermediary Program, ACT Human Rights Commission
- Chair: Andrew Robson, Managing Solicitor, Criminal Law Division, Legal Aid WA