Contact the Attorney General to request immediate review, and real change, to the CLMIA Act

A key issue of concern to WAAMH members is the harmful impact of the CLMIA Act on individuals with mental impairment and their families. Under the CLMIA Act, those who are deemed to be mentally impaired due to mental illness, intellectual disability, cognitive disability or acquired brain injury who are charged with committing an offence can face indefinite detention in a prison or juvenile detention centre – places that cannot provide the right kind of support to treat a person’s impairment or illness, or prevent them from re-offending.

A state comparison of provisions of the CLMIA Act with similar law in other jurisdictions was conducted by the Mental Health Law Centre (WA) Inc. This document demonstrates that the CLMIA Act lacks key protections available to individuals in other Australian states and territories. The most urgent areas for reform include the:

Right to legal representation
Right to reasons for a decision
Right to request a review
Right to appeal a Mentally Impaired Accused Review Board decision
Removal of the indefinite detention at the governor’s pleasure provisions.

The government committed, publicised in its plan for Mental Health released during the election campaign, to conduct a review of the CLMIA Act. The government further committed to releasing a discussion paper for full public consultation.

WAAMH recently met with the Attorney General, raising our concerns about the time that has elapsed and requesting a timeframe for commencing the review. In response, the Attorney General wrote to WAAMH confirming that a discussion paper will be released and a 12 week consultation will occur, although a timeframe has not yet been provided.

WAAMH recognises the government has a busy program and there are competing legislative priorities, however WAAMH encourages you to contact the Attorney General to convey how important this review is. You may like to include the following points in your email:

Call for immediate, public release of the discussion paper.
Request open, transparent consultation that includes people impacted by the Act and their families.
Describe why real change to the Act is required – you may like to include your personal, family, or organisation perspective.

Email the Attorney General at Minister.Mischin@dpc.wa.gov.au and cc in WAAMH Consultant Systemic Advocacy, Chelsea McKinney on cmckinney@waamh.org.au

WAAMH is currently developing its briefing papers on what key reforms to the CLMIA Act are required, and how to improve service responses to those people who come under the Act’s provisions. We will then consult with our members and interested individuals and organisations to inform our further input to the review. Email Chelsea at cmckinney@waamh.org.au to register your interest in receiving updates about this work program, or to email us about any action you have undertaken concerning this matter.