Legislation

Mental Health Act (2014)

The mental health law in Western Australia is the Mental Health Act (2014). It relates to:

  • when a person can be provided with mental health treatment
  • the criteria for referring a person for an examination by a psychiatrist
  • when a person can be made an involuntary patient on an inpatient treatment order or a community treatment order
  • how inpatient treatment orders and community treatment orders operate
  • the rights of persons with mental illness and their personal support persons

The Mental Health Regulations 2015 prescribe, and further clarify, certain provisions in the Mental Health Act 2014.

Mental Health Act 2014 resources are available to help key groups understand and apply the law:

  • mental health professionals
  • referrers to mental health services
  • people experiencing a mental illness
  • people supporting a person with a mental illness
  • non-government organisations and private psychiatric hostels
  • transport officers

Mental Health Act (2014) Statutory Review

The Mental Health Commission is undertaking a Statutory Review of the Mental Health Act (2014).

The Review is an opportunity to help make the Mental Health Act better for Western Australians. Consumers.

Find out more about the Statutory Review here.

Alcohol and Other Drugs Act 1974

The Alcohol and Other Drug law in Western Australia is the Alcohol and Other Drugs Act 1974. It relates to:

  • providing treatment, management, care and rehabilitation of persons experiencing alcohol or other drug use problems or co‑occurring health issues, including persons who have or may have a mental illness; and
  • promoting and subsidising research into and education on the causation, prevention, reduction and treatment of alcohol and other drug use problems and co‑occurring health issues such as mental illness; and
  • establishing and maintaining a coordinated focus on alcohol and other drug use and mental illness, and for related purposes.

Other key legislation

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