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 Mental Health 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.
Click on the relevant button below to view websites, online training and other relevant resources.
Please note that the links are being updated regularly as the relevant information becomes available.
Services related to:
- Advocacy
- Legal Services
- Court Proceedings
- Mental Impairment Review Tribunal
Services related to:
- Training
- Governance
- Court Proceedings
- Mental Impairment Review Tribunal
Consumer
| Agency | Information | |
|---|---|---|
| Legal Services | Legal Aid Western Australia | Legal Professionals General Public |
| Mental Health Law Centre (MHLC) / RUAH Legal Services | FAQ’s Legal Professionals General Public | |
| Advocacy | Mental Health Advocacy Service | FAQ’s Advocates General Public |
| Court and Tribunal Services | Department of Justice |
Clinicans
| Agency | Information | |
|---|---|---|
| Clinicians and other professionals | Office of the Chief Psychiatrist | FAQ’s Authorised Mental Health Practitioner Prescribed Medical Practitioners |
| The Law Society Western Australia | Legal Professionals | |
| Forensic Mental Health Service | State Forensic Mental Health Service | FAQ’s SFMHS Workforce Health Service Providers (HSP) Workforce Clinicians and other professionals |
| Court and Tribunal Services | Department of Justice |
Quick Links
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 Justice – Court and Tribunal Services
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
State Forensic Mental Health Service Email: SFMHS.CLMI@health.wa.gov.au