Acts Amendment (Health Services Integration) Act 1994 (WA)

WESTERN AUSTRALIA

ACTS AMENDMENT (HEALTH

SERVICES INTEGRATION)

ACT 1994

No. 49 of 1994

AN ACT to amend the Hospitals Act 1927 and Mental

Health Act 1962.

[Assented to 10 October 1994.]

The Parliament of Western Australia enacts as follows:

No. 49] Acts Amendment (Health Services

Integration) Act 1994

PART 1— PRELIMINARY

Short title

1.    This Act may be cited as the Acts Amendment (Health

Services Integration) Act 1994.

Commencement

2.     The provisions of this Act come into operation on 10 October

Acts Amendment (Health Services [No. 49

Integration) Act 1994

PART 2 HOSPITALS ACT 1927

Principal Act

3. In this Part the Hospitals Act 1927 is referred to as the

principal Act.

Section 3 amended

4.     Section 3 of the principal Act is amended —

(a) in subsection (1), by deleting "but" and substituting the following —

and continues to apply to any part of a public hospital despite the fact that an order under section 19 (3) of the Mental Health Act 1962 is in force in relation to that part declaring it to be an approved hospital but otherwise

and

(b) by inserting after subsection (1) the following subsection —

(1a) Where an order under section 19 (3) of the Mental Health Act 1962 is in force with respect to part of a public hospital —

(a) the provisions of that Act relating to the admission, detention, treatment and discharge of patients apply; and

No. 49] Acts Amendment (Health Services

Integration) Act 1994

(b) the psychiatrist in charge of psychiatric services at the hospital has all the powers and duties conferred or imposed on a superintendent under that Act other than the duty referred to in section 9 (2) of that Act.

Acts Amendment (Health Services [No. 49

Integration) Act 1994

PART 3 — MENTAL HEALTH ACT 1962

Principal Act

5. In this Part the Mental Health Act 1962 is referred to as the

principal Act.

Section 8 amended

6.     Section 8 of the principal Act is amended —

(a) by repealing subsection (2) and substituting the following subsection —

(1

(2) The Director is responsible for the medical care and welfare of every person treated at every approved hospital or service established under section 19 (1) and for the proper operation of every such hospital or service.

(b) in subsection (3), by deleting "purpose, any of his duties and when carrying out those duties at the direction of the Director that medical office?' and substituting the following —

purpose, or to a psychiatrist of a public hospital under the Hospitals Act 1927 a part of which is by virtue of an order under section 19 (3) an approved hospital under this Act, any of his duties, other than the duty imposed under section 20, and when carrying out those duties the delegate

and

No. 49] Acts Amendment (Health Services

Integration) Act 1994

(c) in subsection (4), by deleting "superintendent" and

substituting the following —

superintendent or a psychiatrist of a public hospital under the Hospitals Act 1927 that is an approved hospital

Section 9 amended

7.     Section 9 (1) of the principal Act is amended by inserting

after "private hospital" the following —

or a public hospital under the Hospitals Act 1927

Section 28 amended

8.     Section 28 of the principal Act is amended by inserting after

subsection (3) the following subsection —

(3a) A medical practitioner who has signed a referral in relation to a person shall not carry out the examination required for the purposes of subsection (3) in relation to that person.

Section 83 amended

9.     Section 83 (1) of the principal Act is amended by deleting

paragraph (c).