About the Tribunal
On 13 April 2023, the Criminal Law (Mental Impairment) Act 2023 (WA) (the Act) was given Royal Assent as Act No.10 of 2023.
The Mental Impairment Review Tribunal (the Tribunal) is established under section 156 of the Act and the provisions contained within it.
The Tribunal replaces the Mentally Impaired Accused Review Board in its entirety, as of 1 September 2024.
The Tribunal's principal function is to administer Custody Orders (and associated Leaves of Absence) and Supervision Orders which Supervised Persons, adults and youth, are subject to. The Tribunal is also responsible for conducting internal reviews of its own decisions and considering and reporting on the need for extended orders beyond their limiting term, whilst ensuring Supervised Persons are reintegrated into the community in a safe manner.
Objectives of the Act
The new Act repeals the Criminal Law (Mentally Impaired Accused) Act 1996 and the Criminal Law (Mentally Impaired Accused) Regulations 1997.
The purpose of the new Act is to:
- Make provision in relation to criminal proceedings involving persons with mental impairment.
- To provide for special criminal proceedings for persons who have been deemed unfit to stand trial.
- To provide for the supervision of persons, who, in special criminal proceedings, are found to have committed an offence.
- To provide for the supervision of the persons acquitted on account of mental impairment.
- To provide for the safe reintegration into the community of persons supervised under this Act.
Mental impairment is defined in the Act as an intellectual disability, mental illness, acquired brain injury, or dementia, or a combination of these impairments. The Act covers both adults and children.
The Tribunal administratively sits within the Magistrates Court and Specialist Jurisdictions Directorate. The Magistrates Court and Specialist Jurisdictions Directorate, within the Department of Justice, provides joint administrative support to the Prisoners Review Board, the Supervised Release Review Board, and the Tribunal.
Last updated: 23 August 2024