Criminal Law (Mental Impairment) Act 2023 (WA)

Western Australia Criminal Law (Mental Impairment) Act 2023 Western Australia Criminal Law (Mental Impairment) Act 2023 Contents Part 1 — Preliminary Division 1 — Introduction 1. Short title 1 2. Commencement 1 Division 2 — General overview 3. Overview of Act 1 4. Overview: supervision orders 1 5. Overview: appeals and internal review 1 6. Overviews are guide only 1 Division 3 — Objects, principles and paramount consideration 7. Objects and principles 1 8. Paramount consideration 1 Division 4 — Interpretation 9. Terms used 1 10. Child‑specific considerations 1 11. Commission of offence: persons who have been acquitted on account of mental impairment 1 Division 5 — Other provisions 12. Act binds Crown 1 13. Application of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 1 Part 2 — General provisions Division 1 — Courts' procedures 14. Application of Criminal Procedure Act 2004 to proceedings under Pt. 3 and 5 1 15. Adjournments 1 Division 2 — Interaction with Mental Health Act 2014 16. Criminal law applies to involuntary patients 1 17. Person in custody may be made involuntary patient 1 18. Supervised person in community may be made involuntary patient 1 19. Court may make hospital order in respect of accused 1 Division 3 — Communication with accused and supervised persons 20. Communication and support measures 1 21. Appointment of communication partner for accused or supervised person 1 Division 4 — Submissions by close family members and carers 22. Submission by close family members and carers 1 Division 5 — Reports under this Act 23. Reports to include information about treatment, training or other measures 1 Part 3 — Accused who are unfit to stand trial Division 1 — Preliminary matters 24. Overview of Part 1 25. Application of Part 1 Division 2 — Raising and deciding question of fitness of accused 26. Accused who is unfit to stand trial 1 27. Presumptions as to fitness to stand trial 1 28. When the question of fitness to stand trial may be raised 1 29. Deciding question of fitness to stand trial 1 30. Chief Mental Health Advocate to be notified 1 31. Determining question of fitness if charge to be dealt with on indictment 1 32. Fit to stand trial with support measures 1 Division 3 — Procedure following finding of unfitness Subdivision 1 — Application of Division 33. Division applies to accused found unfit 1 34. Application of Young Offenders Act 1994 1 Subdivision 2 — General procedure 35. Opportunity for accused to become fit to stand trial 1 36. Chief Mental Health Advocate to be notified 1 37. Court to make orders as to how charge against unfit accused to be dealt with 1 38. Legal representation of unfit accused 1 39. Procedure for deciding if accused has become fit to stand trial 1 40. Trial to continue if accused found fit to stand trial 1 Subdivision 3 — Special proceedings 41. Nature of special proceedings 1 42. Conduct of special proceedings 1 43. Effect of findings 1 Part 4 — Persons required to be dealt with under this Act 44. Persons acquitted on account of mental impairment or found to have committed offence 1 Part 5 — Court‑ordered dispositions Division 1 — Overview of Part 45. Overview of Part 1 Division 2 — Orders that may be made by court 46. Orders that may be made 1 47. Orders that may be made: considerations 1 48. Court to notify Tribunal and Chief Mental Health Advocate of orders 1 Division 3 — Custody orders 49. Custody orders 1 50. Limiting term for custody order 1 51. When custody order ceases to have effect 1 Division 4 — Community supervision orders 52. Community supervision orders 1 53. Term of community supervision order 1 54. Conditions of community supervision order: statutory conditions 1 55. Conditions of community supervision order: court imposed conditions 1 56. When community supervision order ceases to have effect 1 Part 6 — Administration of supervision orders by Tribunal Division 1 — Preliminary matters 57. Overview of Part 1 58. Representative of supervised person 1 59. Non‑compliance with conditions of orders 1 Division 2 — Declared places 60. Minister may make order as to declared places 1 Division 3 — Custody orders: places of custody 61. Place of custody to be determined 1 62. Limitations on place of custody 1 63. Tribunal to notify determination of place of custody 1 64. Place of custody may be changed 1 Division 4 — Tribunal to review orders 65. Terms used 1 66. Initial and periodic review 1 67. Application for review by supervised person, representative or legal practitioner 1 68. Review by Tribunal on its own initiative 1 69. Review at request of Minister 1 70. Time of review may be extended in certain cases 1 71. Notice to supervised persons and CEO of review proceedings 1 72. Matters to be considered on review 1 73. Orders the Tribunal may make after carrying out review 1 74. Court may cancel certain orders 1 75. Truncated review in serious and urgent cases 1 76. Copy of order and reasons for decision to be given to certain persons 1 Division 5 — Custody orders: leave of absence 77. Leave of absence orders 1 78. Tribunal making or varying leave of absence orders 1 79. Effect of certain leave of absence orders 1 80. Notifying Tribunal about breach of leave of absence order 1 81. Breach of conditions of leave of absence order 1 82. Cancelled leave of absence order 1 83. Absence without leave from place of custody 1 84. Relationship of Division to other Acts 1 Division 6 — Community supervision orders 85. Tribunal to designate supervising officer 1 86. Tribunal varying conditions on community supervision order 1 87. Notifying Tribunal about breach of conditions of community supervision order 1 88. Breach of conditions of community supervision order 1 89. Court's powers to deal with breach of conditions of community supervision order 1 Division 7 — Review of and appeals against certain decisions Subdivision 1 — Internal review by Tribunal 90. Term used: reviewable decision 1 91. Internal review of Tribunal decision 1 92. Nature of review proceedings 1 Subdivision 2 — Appeals to Supreme Court 93. Appeals against certain decisions 1 94. Arrest of person subject to custody order 1 95. Grounds of appeal 1 96. Dealing with appeal 1 97. Effect of appeal on decision appealed against 1 Subdivision 3 — Effect of decisions made on, or as a consequence of, review or appeal 98. Effect of decisions made on, or as a consequence of, review or appeal 1 Division 8 — Supervising officers 99. Supervising officers 1 Part 7 — Extended custody and community supervision orders Division 1 — Preliminary matters 100. Overview of Part 1 101. Nature of court proceedings under Part 1 102. References to orders include extended orders 1 Division 2 — Tribunal to consider and report on need for extended orders 103. Tribunal to consider and report on need for extended custody orders 1 104. Tribunal to consider and report on need for extended community supervision orders 1 Division 3 — Applications for extended orders 105. Minister may apply for extended order 1 106. Report to be prepared for application 1 Division 4 — Interim orders pending determination of applications 107. Interim custody orders 1 108. Interim community supervision orders 1 Division 5 — Making extended custody orders 109. Extended custody orders 1 110. Supreme Court may make extended custody order 1 111. Leave of absence orders and conditions carried over 1 112. When extended custody order has effect 1 Division 6 — Making extended community supervision orders 113. Extended community supervision orders 1 114. Supreme Court may make extended community supervision order 1 115. Conditions carried over 1 116. When extended community supervision order has effect 1 Division 7 — Review of extended custody orders 117. Periodic review on application by Minister 1 118. Application by supervised person for review 1 119. Dealing with application for review 1 120. Report to be prepared for review 1 121. Court's powers on review of extended custody order 1 Division 8 — General 122. Court to notify Tribunal of orders 1 123. Evidence in extended order proceedings 1 124. Court may give directions 1 125. Appearance at hearings 1 Part 8 — Mental health advocacy services for unfit accused and supervised persons Division 1 — Preliminary matters 126. Overview of Part 1 127. Terms used 1 Division 2 — Access to mental health advocacy services 128. Access to mental health advocacy services 1 129. Request for CLMI identified person to be contacted 1 130. Duty to contact CLMI identified person 1 Division 3 — Functions and powers of mental health advocates 131. Functions of Chief Mental Health Advocate 1 132. Directions to Chief Mental Health Advocate about general matters 1 133. Delegation by Chief Mental Health Advocate 1 134. Functions of mental health advocates 1 135. Powers of mental health advocates relating to CLMI identified persons 1 136. Issues arising out of inquiries and investigations 1 137. Documents to which access is restricted 1 138. Disclosure by mental health advocate 1 Division 4 — Interaction with Mental Health Act 2014 139. Interaction with Mental Health Act 2014 1 Division 5 — Reporting in relation to mental health advocacy services 140. Annual reports 1 Part 9 — Victim considerations Division 1 — Preliminary matters 141. Overview of Part 1 142. Terms used 1 Division 2 — Victim impact statements may be given to court 143. Term used 1 144. Victim impact statements may be given to court 1 145. Content of victim impact statements 1 146. Availability of victim impact statements 1 Division 3 — Victim submissions may be made to Tribunal 147. Victim submissions may be made to Tribunal 1 Division 4 — Victim submissions may be made to court 148. Victim submissions may be made to court 1 149. Content of victim's submission 1 150. Availability of victim's submissions 1 Division 5 — Notice of Tribunal review given to victims 151. Notice to victims of review proceedings 1 152. Delegation by CEO 1 Division 6 — Miscellaneous 153. Disclosing information to victims 1 Part 10 — Mental Impairment Review Tribunal Division 1 — Preliminary matters 154. Overview of Part 1 155. Terms used 1 Division 2 — Mental Impairment Review Tribunal 156. Tribunal established 1 157. Tribunal's jurisdiction 1 158. Constitution of Tribunal 1 159. Contemporaneous exercise of jurisdiction 1 Division 3 — Proceedings of Tribunal 160. Conduct of proceedings 1 161. Who presides 1 162. Decision of Tribunal 1 163. Questions of law 1 164. Evidence generally 1 165. Appearance in review proceedings 1 166. Summons to give evidence or produce documents 1 167. Power to examine on oath 1 168. Privilege against self‑incrimination 1 169. Confidentiality orders 1 170. Publication of names 1 Division 4 — Membership of Tribunal 171. Tribunal members 1 172. Qualifications of certain members 1 173. Terms and conditions of appointment 1 174. Remuneration 1 175. Deputy President acting as President 1 176. Leave of absence from office 1 177. Vacating office prematurely 1 178. Conditions for public service members 1 179. Resignation of members 1 180. Terminating appointment of members 1 181. Training of members 1 Division 5 — General powers of Tribunal 182. Exercise and performance of Tribunal's administrative powers and duties 1 183. Tribunal may use experts 1 184. Tribunal may require examination of supervised person 1 185. Issue of warrants by Tribunal 1 186. Power to obtain information and records 1 187. Extension of time in which to give report or other information 1 Division 6 — Registrar, staff and facilities of Tribunal 188. Registrar, staff and facilities to be made available 1 Division 7 — Miscellaneous 189. Offences relating to information and records 1 190. Tribunal to notify Public Advocate of orders 1 191. Tribunal to report death of supervised person to coroner 1 192. Tribunal may request information from SAT about supervised person's guardian or administrator 1 193. Seal 1 194. Orders 1 195. President may issue practice notes 1 196. Delegation by President 1 197. Judicial notice and evidence of certain matters 1 198. Annual report 1 Part 11 — Transfer into and out of the State Division 1 — Preliminary matters 199. Overview of Part 1 200. Terms used 1 201. Informed consent 1 202. Nature of proceedings under this Part 1 Division 2 — Transfer of persons from Western Australia 203. Transfer of persons from Western Australia to a participating jurisdiction 1 Division 3 — Transfer of persons to Western Australia 204. Transfer of persons from a participating jurisdiction to Western Australia 1 205. Interim dispositions for persons transferred to Western Australia 1 206. Review of persons transferred to Western Australia 1 207. Limiting term for custody order 1 208. Court to make orders if person has been in custody longer than limiting term 1 Division 4 — Interaction with other transfer related laws 209. Interaction with Mental Health Act 2014 1 210. Interaction with Prisoners (Interstate Transfer) Act 1983 1 211. Persons subject to international supervision orders 1 Part 12 — Appeals to Court of Appeal Division 1 — Preliminary matters 212. Overview of Part 1 213. Term used: deciding court 1 Division 2 — Appeals to Court of Appeal 214. Appeals against certain decisions 1 215. Grounds of appeal 1 216. Dealing with appeal 1 217. Appeal does not stay decision 1 218. Effect of decisions made on, or as a consequence of, appeal 1 Part 13 — Miscellaneous Division 1 — Preliminary matters 219. Terms used 1 Division 2 — Electronic monitoring and curfew 220. Term used: approved electronic monitoring device 1 221. Electronic monitoring 1 222. Curfew 1 223. Enforcement of electronic monitoring and curfew 1 Division 3 — Protection of information 224. Protection of information about persons covered by this Act 1 Division 4 — Cooperation and sharing of information between supporting agencies 225. Cooperation between supporting agencies 1 226. Disclosure of information between supporting agencies 1 Division 5 — Interactions between supervision orders and sentences 227. Interactions between supervision orders and sentences 1 228. Interactions between supervision orders and Commonwealth sentences 1 Division 6 — General 229. Giving notice, information, summonses and other documents 1 230. Issue and execution of warrants 1 231. Protection from liability 1 232. Regulations 1 233. Rules of court 1 234. Review of Act 1 Part 14 — Repeals and transitional provisions Division 1 — Repeals 235. Criminal Law (Mentally Impaired Accused) Act 1996 repealed 1 236. Criminal Law (Mentally Impaired Accused) Regulations 1997 repealed 1 Division 2 — Transitional provisions for Criminal Law (Mental Impairment) Act 2023 Subdivision 1 — Preliminary matters 237. Terms used 1 238. Interpretation Act 1984 not affected 1 Subdivision 2 — General provisions 239. Completion of things commenced before commencement day 1 240. Continuing effect of things done before commencement day 1 241. Continuation of duties of Board or registrar 1 242. References to repealed Act and old provisions 1 243. Relationship of this Subdivision to other transitional provisions 1 Subdivision 3 — Court proceedings 244. Proceedings generally 1 245. Question of fitness raised under repealed Act s. 11 1 246. Inquiries and appeals under repealed Act s. 12 1 247. Adjournments and other matters under repealed Act s. 16 or s. 19 1 248. Previous finding of unfitness 1 249. Requirement to make order under repealed Act s. 22 1 Subdivision 4 — Orders and other things to continue 250. Purpose of Subdivision 1 251. Hospital orders 1 252. Bail and custody under repealed Act s. 14 1 253. Existing community orders 1 254. Existing custody orders 1 255. Leave of absence orders 1 256. Absence without leave 1 257. Release orders 1 258. Breaches of conditions of release orders 1 259. Warrants 1 Subdivision 5 — Setting limiting term for existing custody orders 260. Application of this Subdivision 1 261. Application to set limiting term 1 262. Limiting term in cases of murder and manslaughter 1 263. Procedural matters 1 264. Court to set limiting term 1 265. Where person subject to existing custody order has been, or soon will have been, in custody longer than limiting term 1 266. Legal representation of person subject to existing custody order 1 267. Functions of Director of Public Prosecutions 1 Subdivision 6 — Matters relating to Board and its functions 268. Proceedings generally 1 269. Places of custody 1 270. Supervising officers 1 271. Examination required by Board 1 272. Members of Board 1 273. Registrar 1 Subdivision 7 — Miscellaneous 274. Final annual report to Minister 1 275. Records of Board 1 276. Tribunal to provide Chief Mental Health Advocate with details of supervised persons 1 277. Notice to Public Advocate 1 278. Declared places 1 Subdivision 8 — Transitional regulations 279. Transitional regulations 1 Part 15 — Consequential amendments to other Acts Division 1 — Bail Act 1982 amended 280. Bail Act 1982 amended 1 281. Schedule 1 Part C amended 1 Division 2 — Children's Court of Western Australia Act 1988 amended 282. Children's Court of Western Australia Act 1988 amended 1 283. Section 21 amended 1 Division 3 — Community Protection (Offender Reporting) Act 2004 amended 284. Community Protection (Offender Reporting) Act 2004 amended 1 285. Section 3 amended 1 286. Section 4 amended 1 287. Section 70 amended 1 288. Section 85A amended 1 Division 4 — Coroners Act 1996 amended 289. Coroners Act 1996 amended 1 290. Section 3 amended 1 Division 5 — Court Security and Custodial Services Act 1999 amended 291. Court Security and Custodial Services Act 1999 amended 1 292. Section 3 amended 1 293. Section 4 amended 1 294. Section 16 amended 1 295. Section 96 amended 1 296. Schedule 2 amended 1 Division 6 — Criminal Appeals Act 2004 amended 297. Criminal Appeals Act 2004 amended 1 298. Section 4 amended 1 299. Section 6 amended 1 300. Section 8 amended 1 301. Section 11 amended 1 302. Section 12 amended 1 303. Section 14 amended 1 304. Section 24 amended 1 305. Section 25 amended 1 306. Section 25A inserted 1 25A. Rights of appeal relating to Criminal Law (Mental Impairment) Act 2023 1 307. Section 30 amended 1 308. Section 31 amended 1 309. Section 32 amended 1 310. Sections 32A and 32B inserted 1 32A. Decision on appeal under s. 25A(a) or (b) 1 32B. Decision on appeal under s. 25A(c) or (d) 1 311. Section 41A inserted 1 41A. Custody orders under Criminal Law (Mental Impairment) Act 2023 1 312. Section 46A amended 1 313. Various references to "unsoundness of mind" amended 1 Division 7 — Criminal Injuries Compensation Act 2003 amended 314. Criminal Injuries Compensation Act 2003 amended 1 315. Section 15 amended 1 Division 8 — Criminal Investigation (Identifying People) Act 2002 amended 316. Criminal Investigation (Identifying People) Act 2002 amended 1 317. Section 67 amended 1 Division 9 — Criminal Procedure Act 2004 amended 318. Criminal Procedure Act 2004 amended 1 319. Section 126 amended 1 320. Section 130 amended 1 Division 10 — Cross‑border Justice Act 2008 amended 321. Cross‑border Justice Act 2008 amended 1 322. Part 9 heading replaced 1 Part 9 — Persons with mental impairment Division 11 — Declared Places (Mentally Impaired Accused) Act 2015 amended 323. Declared Places (Mentally Impaired Accused) Act 2015 amended 1 324. Long title replaced 1 325. Section 1 amended 1 326. Section 3 amended 1 327. Section 18 replaced 1 18. CEO's functions as to residents 1 328. Section 19 amended 1 329. Section 20 amended 1 330. Section 53 amended 1 331. Section 57 amended 1 332. Part 12 replaced 1 Part 12 — Transitional provisions for Criminal Law (Mental Impairment) Act 2023 65. Terms used 1 66. Provision of information about residents 1 Division 12 — Disability Services Act 1993 amended 333. Disability Services Act 1993 amended 1 334. Section 3 amended 1 335. Section 12 amended 1 336. Section 21 amended 1 Division 13 — Electoral Act 1907 amended 337. Electoral Act 1907 amended 1 338. Section 18 amended 1 339. Section 59 amended 1 Division 14 — Evidence Act 1906 amended 340. Evidence Act 1906 amended 1 341. Section 100A amended 1 342. Section 106A amended 1 Division 15 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended 343. Fines, Penalties and Infringement Notices Enforcement Act 1994 amended 1 344. Section 52C amended 1 Division 16 — Guardianship and Administration Act 1990 amended 345. Guardianship and Administration Act 1990 amended 1 346. Section 98 replaced 1 98. Supervised persons under Criminal Law (Mental Impairment) Act 2023 1 Division 17 — High Risk Serious Offenders Act 2020 amended 347. High Risk Serious Offenders Act 2020 amended 1 348. Section 6 amended 1 349. Section 79 amended 1 Division 18 — Juries Act 1957 amended 350. Juries Act 1957 amended 1 351. Section 5 amended 1 Division 19 — Magistrates Court Act 2004 amended 352. Magistrates Court Act 2004 amended 1 353. Section 11A inserted 1 11A. Limitations on exercise of certain jurisdiction 1 Division 20 — Mental Health Act 2014 amended 354. Mental Health Act 2014 amended 1 355. Section 4 amended 1 356. Section 82 replaced 1 82. Application of this Part 1 357. Section 105 amended 1 358. Section 127 amended 1 359. Section 145 amended 1 360. Part 9 Division 4 inserted 1 Division 4 — Notification of Mental Impairment Review Tribunal about absence of supervised persons 145A. Notification about absence of supervised persons 1 361. Section 177 amended 1 362. Section 185 amended 1 363. Section 196 amended 1 364. Section 198 amended 1 365. Section 199 amended 1 366. Section 200 amended 1 367. Section 201 amended 1 368. Section 204 amended 1 369. Section 209 amended 1 370. Section 224 amended 1 371. Section 240 amended 1 372. Section 241 amended 1 373. Section 242 amended 1 374. Section 243 amended 1 375. Section 249 amended 1 376. Section 258 amended 1 377. Section 288 amended 1 378. Section 289 amended 1 379. Section 348 amended 1 380. Section 357 amended 1 381. Section 409 amended 1 382. Section 423 amended 1 383. Section 515 amended 1 384. Section 520 amended 1 385. Section 527 amended 1 386. Section 536 amended 1 387. Part 30 inserted 1 Part 30 — Transitional matters for Criminal Law (Mental Impairment) Act 2023 678. Terms used 1 679. Functions in respect of Board 1 680. Duty to contact identified person 1 388. Various headings amended 1 Division 21 — National Disability Insurance Scheme (Worker Screening) Act 2020 amended 389. National Disability Insurance Scheme (Worker Screening) Act 2020 amended 1 390. Section 7 amended 1 Division 22 — Parliamentary Commissioner Act 1971 amended 391. Parliamentary Commissioner Act 1971 amended 1 392. Section 19H amended 1 Division 23 — Prisoners (Release for Deportation) Act 1989 amended 393. Prisoners (Release for Deportation) Act 1989 amended 1 394. Section 6A inserted 1 6A. Persons under custody orders under Criminal Law (Mental Impairment) Act 2023 1 Division 24 — Prisons Act 1981 amended 395. Prisons Act 1981 amended 1 396. Section 67 amended 1 397. Section 113 amended 1 Division 25 — Restraining Orders Act 1997 amended 398. Restraining Orders Act 1997 amended 1 399. Section 44E amended 1 Division 26 — Security and Related Activities (Control) Act 1996 amended 400. Security and Related Activities (Control) Act 1996 amended 1 401. Section 4B amended 1 Division 27 — Sentence Administration Act 2003 amended 402. Sentence Administration Act 2003 amended 1 403. Section 98 amended 1 404. Section 119 amended 1 Division 28 — Working with Children (Criminal Record Checking) Act 2004 amended 405. Working with Children (Criminal Record Checking) Act 2004 amended 1 406. Section 8 amended 1 Division 29 — Young Offenders Act 1994 amended 407. Young Offenders Act 1994 amended 1 408. Section 16 amended 1 Division 30 — Various Acts amended 409. Various references to Criminal Law (Mentally Impaired Accused) Act 1996 amended 1 410. Various references to Declared Places (Mentally Impaired Accused) Act 2015 amended 1 411. Various references to "Mentally Impaired Accused Review Board" amended 1 412. Various references to "unsoundness of mind" amended 1 Schedule 1 — Serious offences Division 1 — Offences that are serious offences in all circumstances Subdivision 1 — Offence under Bush Fires Act 1954 Subdivision 2 — Offence under Children and Community Services Act 2004 Subdivision 3 — Offences under The Criminal Code Subdivision 4 — Offences under Prostitution Act 2000 Subdivision 5 — Offence under Road Traffic Act 1974 Subdivision 6 — Offences under Western Australian Marine Act 1982 Division 2 — Offences that are serious offences if committed in specified circumstances Subdivision 1 — Offence under The Criminal Code Subdivision 2 — Offence under Prostitution Act 2000 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Criminal Law (Mental Impairment) Act 2023 An Act — * to make provision in relation to criminal proceedings involving persons with mental impairment; and * to provide for special criminal proceedings for persons who are unfit to stand trial; and * to provide for the supervision of persons who, in special criminal proceedings, are found to have committed an offence; and * to provide for the supervision of persons acquitted on account of mental impairment; and * to provide for the safe reintegration into the community of persons supervised under this Act; and * to repeal the Criminal Law (Mentally Impaired Accused) Act 1996 and the Criminal Law (Mentally Impaired Accused) Regulations 1997; and * for related purposes. Part 1 — Preliminary Division 1 — Introduction 1. Short title This is the Criminal Law (Mental Impairment) Act 2023. 2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. Division 2 — General overview 3. Overview of Act (1) This Part provides for preliminary matters, including — (a) the objects of this Act and the principles and considerations to which persons performing functions under this Act must have regard; and (b) the interpretation of terms and expressions used in this Act. (2) Part 2 provides for certain general matters appropriately dealt with at the beginning of this Act, including provisions that — (a) address matters that can take place in the initial stages of criminal proceedings; or (b) have a bearing on many of the provisions that follow including, importantly, aspects of the interaction of this Act with the Mental Health Act 2014. (3) Part 3 provides for — (a) raising and deciding the question of whether an accused is fit to stand trial; and (b) the court procedures, including special proceedings, for dealing with an unfit accused. (4) If a person is acquitted on account of mental impairment in an ordinary criminal proceeding or is so acquitted on appeal, and therefore must be dealt with under this Act, Part 4 provides that the court must deal with the accused under Part 5 of this Act. Note for this subsection: The Criminal Procedure Act 2004 section 149(1) and the Criminal Appeals Act 2004 sections 30(5), 32(7) and 32A(6) set out the requirement to deal with such acquitted accused under this Act. (5) Part 5 provides for the orders that can be made by a court in relation to an accused who — (a) has been acquitted on account of mental impairment; or (b) although not fit to stand trial, has been found to have committed an offence. Note for this subsection: The court can release the person unconditionally (in some circumstances), or impose a community supervision order or custody order. (6) Part 6 provides for the administration, by the Mental Impairment Review Tribunal, of the orders to which supervised persons are subject. Note for this subsection: A supervised person is a person subject to a supervision order made under this Act. (7) Part 7 provides, in effect, for the extension of custody and community supervision orders by the Supreme Court if the court is satisfied that it is necessary on grounds that relate to the protection of the community. (8) Part 8 provides for mental health advocacy services for unfit accused and supervised persons, unless those services can be provided under the Mental Health Act 2014 or the Declared Places (Mental Impairment) Act 2015. (9) Part 9 provides for victim impact statements and victim submissions to be given or made to a relevant court or the Mental Impairment Review Tribunal. (10) Part 10 provides for the Mental Impairment Review Tribunal, its jurisdiction, membership, procedures and related matters. (11) Part 11 provides for — (a) the transfer of supervised persons to another State or Territory in which a corresponding law is in force; and (b) the transfer to the State and disposition of persons subject to an interstate supervision order; and (c) the interaction between that Part and other transfer related laws. (12) Part 12 provides for appeals to the Court of Appeal against certain decisions of courts other than courts of summary jurisdiction. (13) Part 13 includes provisions relating to electronic monitoring of supervised persons, the protection and sharing of information, interactions between supervision orders and sentences, and other provisions of general application. (14) Part 14 repeals the Criminal Law (Mentally Impaired Accused) Act 1996 and provides for the transition from the repealed Act to this Act. 4. Overview: supervision orders (1) Supervision orders are — (a) custody and community supervision orders made under Part 5; (b) custody orders made under Part 6 in the course of the administration of a supervision order under that Part; see section 89(1); (c) interim and extended custody and community supervision orders made under Part 7; (d) community supervision orders made under Part 7 in the course of the review of an extended custody order under that Part; see section 110(4) or 121(3); (e) interim dispositions made under Part 11 for a person subject to an interstate supervision order who is transferred to the State; (f) custody and community supervision orders made under Part 11 on review by the Supreme Court of an interim disposition; see section 206(3)(a) and (b). (2) Other than interim dispositions, which are made by the Minister, supervision orders are made by a court. (3) The custody and community supervision orders referred to in subsection (1)(a) can be made following — (a) an ordinary criminal proceeding in which the accused is acquitted on account of mental impairment; or (b) an appeal under the Criminal Appeals Act 2004 in which the offender is acquitted on account of mental impairment; or (c) a special proceeding under Part 3 Division 3. (4) Although custody and community supervision orders referred to in subsection (1)(b), (d) and (f) are not made under Part 5, Part 5 (to the extent relevant) applies to their making; see sections 89(5), 110(5), 121(4) and 206(5). (5) Although interim and extended custody and community supervision orders, and interim dispositions, are not custody or community supervision orders as defined, Part 6 (to the extent relevant) applies to the administration of them; see sections 107(4), 108(4), 109(2), 113(2) and 205(4) and (5). 5. Overview: appeals and internal review (1) Relevant decisions, findings and orders of courts in ordinary criminal proceedings and in proceedings under Parts 3 and 5 are appealable under the Criminal Appeals Act 2004. (2) The results of those appeals can include that the accused must be dealt with under this Act; see Part 4. (3) Part 6 Division 7 provides for — (a) internal review of decisions of the Tribunal in the administration of supervision orders under Part 6; and (b) appeals to the Supreme Court against decisions of courts of summary jurisdiction relating to making, cancelling or confirming custody orders and community supervision orders; and (c) appeals to the Supreme Court against some initial decisions of the Tribunal and most internal review decisions of the Tribunal. (4) Part 12 provides for appeals to the Court of Appeal against certain decisions of courts other than courts of summary jurisdiction. 6. Overviews are guide only The overviews in this Division and the overviews in other Parts of this Act are intended only as a guide to the general scheme and effect of this Act, and do not limit or otherwise affect the other provisions of this Act. Division 3 — Objects, principles and paramount consideration 7. Objects and principles (1) The objects of this Act are as follows — (a) to ensure the protection of the community; (b) to ensure persons wi