Acts Amendment (Authority for Intellectually Handicapped Persons) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(AUTHORITY FOR INTELLECTUALLY

HANDICAPPED PERSONS).

No. 69 of 1985.

AN ACT to amend the Mental Health Act 1962 and

the Parliamentary Commissioner Act 1971.

I Assented to 15 November 1985.1

gE it enacted by the Queen's Most Excellent ' Majesty, by and with the advice and consentof the Legislative Council and the Legislative

Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

PART 1.-PRELIMINARY.

1.    This Act may be cited as the Acts Amendment short title

(Authority for Intellectually Handicapped Persons)

Act 1985.

2.    This Act shall come into operation on the Fn'eri'f""" en-

day fixed for the commencement of the Authority

for Intellectually Handicapped Persons Act 1985.

No. 69.] Acts Amendment '(Authority for [1985.

Intellectually Handicapped Persons).

PART II.-MENTAL HEALTH ACT 1962.

Principal Act.

3. In this Part the Mental Health Act 1962 is

Reprinted as

approved

24 August

referred to as the principal Act.

1979 and

amended by

Acts Nos. 67

of 1979 and

28 of 1984.

Section 5

amended. 4. Section 5 of the principal Act is amended

(a) by deleting the definition of "intellectually defective" and substituting the following

CC "intellectually handicapped person"

means a person who has a general intellectual functioning which is significantly below average and concurrently has deficits in his adaptive behaviour, such condi- tions having become manifest during the developmental period; ";

(b) in the definition of "mental disorder" by inserting after "health" the following-

" but, except for the purposes of section 47 and Part VI, does not include a handicap whereby a person is an intellectually handicapped person ";

(c) in the definition of "mental illness" by inserting after "health" the following-

11 but, except for the purposes of Part

VI, does not include a handicap whereby a person is an intellectually handicapped person "; and

(d) by deleting the definition of "training centre".

Section 19

amended. 5. Section 19 of the principal Act is amended, in

subsection (1), by deleting paragraph (b).

1985.1 Acts Amendment (Authority for [No. 69. 1289

Intellectually Handicapped Persons).

6.    Section 20 of the principal Act is amended by amended.

deleting-

, but a person shall not be admitted to, or

detained in, a training centre, unless he is an

intellectually defective person ".

7.    Section 26A of the principal Act is amended =i7er

by deleting the definitions of "attender", "intel- lectual handicap", "private day activity centre", "private hostel", "private sheltered workshop" and "resident" (where it first appears).

8.    Section 26B of the principal Act is repealed repealed and

and the following section is substituted— substituted.

t <

26B. A person shall not conduct or cause or permit to be conducted any premises as a private psychiatric hostel unless the premises are approved for the purpose under this Part and a licence for the conduct of the premises has been issued to that person and is in force under this Act.".

9.    Part IIIA of the principal Act is amended by PITITTA3 of

repealed.

repealing Division 3.

10. Section 26U of the principal Act is amended	amended.
Section 26U

in subsection (2)—

(a) in paragraph (c), by deleting and

attenders at,"; and

(b) in paragraph (c) (v), by deleting "or approved private hostels".

No. 69.1 Acts Amendment (Authority for (1985.

Intellectually Handicapped Persons).

PART III.-PARLIAMENTARY COMMISSIONER ACT 1971,

Schedule

amended.	11. The Schedule to the Parliamentary Commis- sioner Act 1971 is amended by inserting, after the item relating to the Artificial Breeding Board, the following-
Reprinted as
approved

" Authority for Intellectually Handicapped

Persons established by the Authority for

Intellectually Handicapped Persons Act