Declared Places (Mental Impairment) Act 2015 (WA)

Western Australia Declared Places (Mental Impairment) Act 2015 Western Australia Declared Places (Mental Impairment) Act 2015 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Act binds Crown 1 Part 2 — Principles and objectives 5. Principles applicable to residents 1 6. Objectives for programmes and services 1 Part 3 — Residents' rights 7. Rights under other laws 1 8. Explanation of resident's rights 1 9. Freedom of lawful communication 1 10. Restricting freedom of communication 1 Part 4 — Individual development plans 11. Residents to have individual development plans 1 12. Preparation, review, change of individual development plan 1 13. Content of individual development plans 1 14. Review of individual development plans 1 Part 5 — Protection of residents 15. Certain incidents to be reported 1 16. Residents not to be ill‑treated 1 17. Treatment decisions on behalf of residents 1 Part 6 — Functions of CEO 18. CEO's functions as to residents 1 19. CEO's functions as to declared places 1 20. Delegation of CEO's functions 1 Part 7 — Management of declared places 21. Terms used 1 22. Powers to control and manage declared places 1 23. General powers in relation to residents 1 24. Searching people and seizing things 1 Part 8 — Regulation of behaviour management Division 1 — Behaviour management medication 25. Terms used 1 26. Administration of behaviour management medication 1 27. Records of behaviour management medication 1 Division 2 — Restraint 28. Term used: restraint 1 29. Approval of restraint devices 1 30. Restraint to be authorised 1 31. Restraint to be in accordance with authorisation 1 32. Records about restraint 1 Division 3 — Seclusion 33. Term used: seclusion 1 34. Seclusion to be authorised 1 35. Seclusion to be in accordance with authorisation 1 36. Records about seclusion 1 Division 4 — General provisions about regulated behaviour management 37. Term used: regulated behaviour management 1 38. Police officers' powers not affected 1 39. Consent not required 1 40. General restrictions on regulated behaviour management 1 41. Welfare of residents during and after regulated behaviour management 1 42. Chief advocate to receive information about regulated behaviour management 1 43. Review of use of regulated behaviour management 1 Part 9 — Contracts for declared place services 44. Contracts for declared place services 1 45. Minimum matters to be included in contracts 1 46. Minimum standards 1 47. Penalty for breach 1 48. Access to certain declared places, persons and documents 1 49. Annual reports and tabling of contracts 1 50. No contracting out 1 Part 10 — Advocacy services for residents 51. Terms used 1 52. Residents' rights as to visits or other contact 1 53. Advocate functions 1 54. Advocate powers 1 55. Offences 1 56. Advocate reports 1 Part 11 — Miscellaneous matters 57. Provision of information about residents: Tribunal and CEO 1 58. Provision of information about residents: CEO and others 1 59. Confidentiality of information about residents 1 60. Reports about declared places 1 61. Protection from personal liability 1 62. Laying documents before Parliament 1 63. Regulations 1 64. Review of this Act 1 Part 12 — Transitional provisions for Criminal Law (Mental Impairment) Act 2023 65. Terms used 1 66. Provision of information about residents 1 Notes Compilation table 1 Defined terms Western Australia Declared Places (Mental Impairment) Act 2015 An Act to make provision for matters relating to places established by the Disability Services Commission for the detention, habilitation and rehabilitation of supervised persons required to be detained under the Criminal Law (Mental Impairment) Act 2023. [Long title inserted: No. 10 of 2023 s. 324.] The Parliament of Western Australia enacts as follows: