Mental Health Commission
The Mental Health Commission (Commission) is the agency principally responsible for assisting the Minister for Mental Health (Minister) in the administration of the Mental Health Act 2014 and the Alcohol and Other Drugs Act 1974.
Statutory Review of the Mental Health Act 2014
As the agency principally responsible for assisting the Minister in administering the Act, we were tasked with conducting the Statutory Review of the Act, which began in 2021.
The Commission undertook a six-month public comment period, which opened on 13 August 2021 and closed on 31 January 2022, supported by the release of a Discussion Paper.
The Review concluded in early 2024 with the Review Report and Government Response tabled by the Minister in Parliament on 16 April 2024. All 54 recommendations about legislative amendments were accepted in principle by the State Government.
Next Steps
The Commission will begin planning for the development of legislation to make amendments to the Mental health Act 2014, in response to the Review Report. This will include undertaking consideration of any implementation requirements and non-legislative system improvement measures that also formed part of the Review Report.
The Criminal Law (Mental Impairment) Act 2023 (CLMI)
The Criminal Law (Mental Impairment) Act 2023 (CLMI) received Royal Assent on 13 April 2023 and will be enacted on 1 September 2024. CLMI establishes new legal provisions for people who are unfit to stand trial or found not guilty by reason of mental impairment in the criminal justice system.
When CLMI commences, existing people (Supervised Persons ) under the existing Criminal Law (Mentally Impaired Accused) Act 1996 (CLMIA) will be transitioned to CLMI. These transitional proceedings managed by the Department of Justice will include individual case reviews by the Mental Impairment Review Tribunal (MIRT).
The purpose of CLMI 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
- 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
- repeal the Criminal Law (Mentally Impaired Accused) Act 1996 and the Criminal Law (Mentally Impaired Accused) Regulations 1997; and for related purposes.
The Commission is working collaboratively with a number of agencies to ensure that the community is advised and supported with the implementation of CLMI.
Where do I get more information?
Below is a list of mental health agencies and other services associated with the implementation and management of CLMI.
Expand the accordions below to view websites, online training and other relevant resources.
| Service | Agency |
|---|---|
| Legal Services | |
| Advocacy | Mental Health Advocacy Service |
| Court and Tribunal Services | Department of Justice |
| Service | Agency |
|---|---|
| Clinicians and other professionals | |
| Forensic Mental Health Service | State Forensic Mental Health Service |
| Court and Tribunal Services | Department of Justice |
- Criminal Law (Mental Impairment) Act 2023 – as passed for Royal Assent o 13 April 2023
- Criminal Law (Mental Impairment) Act 2023 – Explanatory Memorandum
- Department of Communities
- Department of Justice – Court and Tribunal Services
- Legal Aid Western Australia
- Mental Health Advocacy Service
- Mental Health Law Centre (MHLC) / RUAH Legal Services
- Mental Impairment Review Tribunal Email: MIRT@justice.wa.gov.au
- Office of the Chief Psychiatrist
- The Law Society (WA)
- State Forensic Mental Health Service Email: SFMHS.CLMI@health.wa.gov.au
Other Key Western Australian Legislation
Other key legislation that relates to the work that the Commission undertake to vision for Western Australians to lead healthy and fulfilling lives includes:
- Auditor General Act 2006
- Carers Recognition Act 2004
- Corruption, Crime and Misconduct Act 2003
- The Criminal Law (Mental Impairment) Act 2023
- Disability Services Act 1993
- Equal Opportunity Act 1984
- Financial Management Act 2006
- Freedom of Information Act 1992
- Guardianship and Administration Act 1990
- Health and Disability Services (Complaints) Act 1995
- Health Services Act 2016
- Industrial Relations Act 1979
- Minimum Conditions of Employment Act 1993
- Private Hospitals and Health Services Act 1927
- Procurement Act 2020
- Public Interest Disclosure Act 2003
- Public Sector Management Act 1994
- Salaries and Allowances Act 1975
- State Records Act 2000
- State Superannuation Act 2000
- Workers Compensation and Injury Management Act 2023
- Work Health and Safety Act 2020
Page last updated7 May 2025
