Persons with Mental Impairment and the Mental Impairment Review Tribunal

The Mental Impairment Review Tribunal (MIRT) administers Custody Orders, Community Supervision Orders, and Leaves of Absence, which apply to supervised person – both adults and children. The Tribunal also reviews its own decisions and evaluates the necessity of extended orders when an existing order is nearing its expiration.

For more comprehensive information about MIRT’s functions, visit the website.

Under the abolished laws, the courts were only able to deal with mentally impaired persons in two ways: they could either be freed with no conditions or sentenced to an indefinite custody order with no end date.

The new laws allow for more options to be considered, including supervised community orders. These laws have been designed to balance the protection of the community (including victims of crime and their rights) with the rights and treatment needs of people found unfit to stand trial or found not guilty because of their mental impairment. 

Custody Orders

A Custody Order is made when a court orders that a person be detained in custody for the safety of the community. This order can be subject to conditions, and the MIRT determines the place of custody.

MIRT must regularly review Custody Orders and can authorise periods of leave under specific conditions.

Community Supervision Orders

A Community Supervision Order allows the supervised person to live in the community under strict conditions. These conditions are designed to ensure both community safety and that the supervised person receives the necessary care and support.

MIRT can vary or cancel conditions at any time.

Leave of Absence Orders

A Leave of Absence Orders permits a person under a Custody Order to leave their place of custody for specified periods and reasons, such as receiving medical treatment or for reintegration purposes.

A supervising officer is appointed to monitor the person during their absence. 

MIRT operates under the principle of imposing the least possible restriction on a supervised person, while prioritising public safety.

However, when reviewing an order, MIRT must consider several factors, including:

• The risk to community safety.
• The supervised person’s ability to comply with conditions.
• The availability of necessary treatment and services in the community.
• The supervised person’s mental and physical wellbeing.
• The best interests of the supervised person, particularly if they are a child.

The Act also notes that victims of offences should have the opportunity to be acknowledged and heard. 

Victims of crime can provide a written submission to the Tribunal, which is taken into account when considering the release or further supervision of a person under MIRT’s jurisdiction.

These submissions offer victims the opportunity to explain how the crime has impacted their lives and suggest any conditions they believe should be applied to the supervised person to protect themselves and others.

Victim submissions may influence the Tribunal’s decision on:

• Release into the community.
• The granting of leaves of absence.
• Conditions attached to community supervision.

Victims are not required to attend Tribunal hearings; however, can provide a written submission for consideration.

Making a submission

Victims are able to voluntarily make a submission to the Tribunal. If a victim chooses not to provide a submission, MIRT will still consider victim safety through other reports, such as those from the Victim Engagement Unit.

Submissions can include:

• The physical, psychological, emotional, or financial impact of the crime.
• Concerns regarding the supervised person’s release into the community.
• Suggestions for conditions that should apply if the person is released, to ensure your safety and peace of mind. These could include conditions prohibiting contact or exclusion zones.

Submissions must be typed or handwritten only, and can be posted or emailed to MIRT:

Email: mirt@justice.wa.gov.au
Post: Mental Impairment Review Tribunal, GPO Box C127, PERTH WA 6839

If you need help drafting a submission, support is available from the Victim Engagement Unit (VEU). You can contact the VEU on 1800 214 655 or victimsCLIMI@justice.wa.gov.au

Victim Engagement Unit

If your matter has been referred to the Victim Engagement Unit (VEU), a Victim Engagement Officer will contact you to discuss the supervised person’s review and any conditions they can recommend to help ensure your safety and wellbeing.

During your contact with the VEU, you are welcome to discuss making a victim submission. Trained staff can assist you to understand what to include and what sorts of conditions MIRT may be able to implement on your behalf. 

While it is not the role of Mental Impairment Review Tribunal to notify victims of a decision, victims can receive this information from the Victim Notification Register (VNR) if they choose to register with this service.

Information from the VNR is not automatically received by victims. Some victims do not want to receive updates about a supervised person. Therefore, if a victim does want to receive updates, they can elect to register with the VNR. 

1. What is the Mental Impairment Review Tribunal (MIRT)?

The MIRT oversees the supervision of individuals found unfit to stand trial or who are acquitted due to mental impairment. 

It administers Custody Orders, Community Supervision Orders, and Leaves of Absence to ensure public safety and facilitate the supervised person’s reintegration into the community.

2. Who is a “supervised person”?

A supervised person refers to an individual who is subject to an order under the Criminal Law (Mental Impairment) Act 2023.

This means the person has been involved in criminal proceedings, but due to a mental impairment, is being supervised by MIRT rather than being sentenced through the usual criminal justice process. 

Supervision can involve detention, strict conditions while living in the community, or temporary leave from custody, all with the aim of protecting the community and addressing the person’s mental health needs.

3. Who does MIRT supervise?

MIRT supervises both adults and young people who have been deemed unfit to stand trial, or who have been acquitted on account of mental impairment. It also manages cases where the person has been found to have committed an offence but is under supervision for mental health reasons.

4. How does MIRT consider victims’ concerns?

Victims can make written submissions to the Tribunal about the impact of the offence on their lives. These submissions may influence the conditions placed on a supervised person’s release or community supervision order.

5. Do I need to attend the Tribunal hearing to provide a victim submission?

No. You do not need to attend a hearing in person; however, you can provide a written submission.

6. What if I need help writing my submission?

You can contact the Victim Engagement Unit for assistance in drafting your submission.

7. How do I receive updates about Tribunal hearings and outcomes?

Victims can choose to register with the Victim Notification Register to be informed about Tribunal hearings, decisions, and outcomes. MIRT itself cannot provide this information directly.

8. What factors does MIRT consider when reviewing a supervised person’s order?

MIRT evaluates the degree of risk the person poses to the community, their ability to comply with supervision conditions, and whether appropriate treatment is available. For children, special considerations like education and welfare are also taken into account. 

For more information about the parole process and the Mental Impairment Review Tribunal, visit the Mental Impairment Review Tribunal website.

Additional resources

For general inquiries relating to a victim’s experience with the criminal justice process, you can also contact the Office of the Commissioner for Victims of Crime on:

Phone: 1800 214 655
Email: victims@justice.wa.gov.au