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This chapter summarises the provisions of the Mental Health Act 1996 (WA), including the working of the Mental Health Review Board. It also outlines the Criminal Law (Mentally impaired Defendant Act 1996 (WA), and the situation where people facing criminal proceedings are admitted to psychiatric hospital. Chapter 15: DISABILITY AND THE LAW and Chapter 22: HEALTH CONSUMERS' RIGHTS contain further relevant information on the rights of mentally ill persons.
Both the Mental Health Act and the Criminal Law (Mentally Impaired Defendants) Act where recently reviewed by a Stakeholder Committee set up by the State government and chaired by Professor D'Arcy Holman. In December 2003, Professor Holman provided the outcome of the review in two reports titled, "The Way Forward: Recommendations of the Mental Health Act 1996" and "The Way Forward: Recommendations of the Review of the Criminal Law (Mentally Impaired Defendants) Act 1999." Most of the recommendations contained in the reports seek to improve Western Australia's compliance with relevant human right benchmarks for the detention and treatment of mentally ill and found the current legislation wanting. Most significant is the recommendation that WA introduce a mental health court for mentally ill persons encountering the criminal justice system. However, at the time of writing no legislative changes have been made.
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