The Criminal Law (Mental Impairment) Act 2023 (WA)

The purpose of this bill is to:

  • 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; and
  • 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.

CPD Series: Criminal Law (Mental Impairment) Act 2023 Launch

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, has launched an education programme of seminars on the new Criminal Law (Mental Impairment) Act 2023.

The Criminal Law (Mental Impairment) Act 2023 repealed the Criminal Law (Mentally Impaired Accused) Act 1996 in its entirety and establishes a new scheme.

This seminar series will consist of two seminars, two workshops and a panel discussion which will cover each essential part of the new Act.

The first seminar took place on Wednesday, 23 August 202 and provided an overview of the new Act, covering the main features and benefits of the new legislative scheme including the safeguards and protections for the rights and interests of mentally impaired accused, the transitional arrangements, and gave the prosecution and defence perspective 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

More information on the second seminar will be available shortly.