Western Australian Current Acts
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DECLARED PLACES (MENTALLY IMPAIRED ACCUSED) ACT 2015
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Act binds Crown
PART 2 -- Principles and objectives
5. Principles applicable to residents
6. Objectives for programmes and services
PART 3 -- Residents’ rights
7. Rights under other laws
8. Explanation of resident’s rights
9. Freedom of lawful communication
10. Restricting freedom of communication
PART 4 -- Individual development plans
11. Residents to have individual development plans
12. Preparation, review, change of individual development plan
13. Content of individual development plans
14. Review of individual development plans
PART 5 -- Protection of residents
15. Certain incidents to be reported
16. Residents not to be ill-treated
17. Treatment decisions on behalf of residents
PART 6 -- Functions of CEO
18. CEO’s functions as to residents
19. CEO’s functions as to declared places
20. Delegation of CEO’s functions
PART 7 -- Management of declared places
21. Terms used
22. Powers to control and manage declared places
23. General powers in relation to residents
24. Searching people and seizing things
PART 8 -- Regulation of behaviour management
Division 1 -- Behaviour management medication
25. Terms used
26. Administration of behaviour management medication
27. Records of behaviour management medication
Division 2 -- Restraint
28. Term used: restraint
29. Approval of restraint devices
30. Restraint to be authorised
31. Restraint to be in accordance with authorisation
32. Records about restraint
Division 3 -- Seclusion
33. Term used: seclusion
34. Seclusion to be authorised
35. Seclusion to be in accordance with authorisation
36. Records about seclusion
Division 4 -- General provisions about regulated behaviour management
37. Term used: regulated behaviour management
38. Police officers’ powers not affected
39. Consent not required
40. General restrictions on regulated behaviour management
41. Welfare of residents during and after regulated behaviour management
42. Chief advocate to receive information about regulated behaviour management
43. Review of use of regulated behaviour management
PART 9 -- Contracts for declared place services
44. Contracts for declared place services
45. Minimum matters to be included in contracts
46. Minimum standards
47. Penalty for breach
48. Access to certain declared places, persons and documents
49. Annual reports and tabling of contracts
50. No contracting out
PART 10 -- Advocacy services for residents
51. Terms used
52. Residents’ rights as to visits or other contact
53. Advocate functions
54. Advocate powers
55. Offences
56. Advocate reports
PART 11 -- Miscellaneous matters
57. Provision of information about residents: Board and CEO
58. Provision of information about residents: CEO and others
59. Confidentiality of information about residents
60. Reports about declared places
61. Protection from personal liability
62. Laying documents before Parliament
63. Regulations
64. Review of this Act
PART 12 -- Consequential amendments to other Acts
Division 1 -- Criminal Law (Mentally Impaired Accused) Act 1996 amended
65. Act amended
66. Section 24 amended
67. Section 42 amended
68. Section 50A inserted
50A. Protection from personal liability 53
Division 2 -- Disability Services Act 1993 amended
69. Act amended
70. Section 3 amended
71. Section 12 amended
72. Section 21 amended
73. Part 6 heading amended
74. Section 30 amended
75. Section 32 amended
76. Section 33 amended
77. Section 38 amended
78. Section 39 amended
79. Section 40 amended
80. Section 41 amended
81. Section 46 amended
Division 3 -- Amendments to other Acts
82. Children and Community Services Act 2004 amended
83. Coroners Act 1996 amended
84. Corruption and Crime Commission Act 2003 amended
85. Court Security and Custodial Services Act 1999 amended
86. Freedom of Information Act 1992 amended
87. Parliamentary Commissioner Act 1971 amended
88. Prisons Act 1981 amended
89. Young Offenders Act 1994 amended
Uncommenced provisions table
Defined terms
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