Acts Amendment (Mental Health) Act 1981 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(MENTAL HEALTH) ACT 1981.

(No. 52 of 1981)

ARRANGEMENT.

Section.

1.      Short title.

2.      Commencement.

3.

Operation of section 14 of the Interpretation Act 1918.

PART I.-CHILD WELFARE ACT 1947-1979.

4.      Citation.

5.      Section 4 amended.

PART IL-CONVICTED INEBRIATES' REHABILITATION

ACT 1963-1974.

6.      Citation.

7.      Section 3 amended.

PART III.-THE CRIMINAL CODE.

8.      Citation.

9.      Section 336 amended.

10.      Section 337 amended.

PART IV.-MINE WORKERS' RELIEF ACT 1932-1980.

11. Citation.

12.      Section 34 amended.

PART V.-OFFENDERS PROBATION AND PAROLE ACT 1963-1980.

13. Citation.

14.      Section 34C repealed and substituted.

PART VI.-PUBLIC TRUSTEE ACT 1941-1979.

15. Citation.

16.      Section 2 amended.

17.      Section 24 amended.

18.      Section 25 amended.

19.      Section 32 amended.

20.      Section 34 repealed.

PART VII.-SUPREME COURT ACT 1935-1979.

21.     Citation.

22.      Section 11E amended.

23.      Section 58 amended.

PART VIII.-UNITING CHURCH IN AUSTRALIA ACT 1976.

24. Citation.

25.      Section 15 amended.

PART IX.-UNIVERSITY MEDICAL SCHOOL,

TEACHING HOSPITALS, ACT 1955.

26.     Citation.

27.      Section 2 amended.

28.      Section 5 amended.

WESTERN AUSTRALIA.

ACTS AMENDMENT (MENTAL HEALTH).

No. 52 of 1981

AN ACT to amend the Child Welfare Act 1947-1979, the Convicted Inebriates' Rehabilitation Act 1963-1974, The Criminal Code, the Mine Workers' Relief Act 1932-1980, the Offenders Probation and Parole Act 1963-1980, the Public Trustee Act 1941-1979, the Supreme Court Act 1935-1979, the Uniting Church in Australia Act 1976, and the University Medical School, Teaching Hospitals, Act 1955.

[Assented to 25 September 1981.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:-

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

(Mental Health) Act 1981.

No. 52.]	Acts Amendment	[1981.
(Mental Health).

Commence-

ment. 2.

This Act shall come into operation on the day

fixed for the coming into operation of the Mental

Health Act 1981.

Operation of

section 14 of 3.

The fact that this Act amends certain Acts Interpretation Act 1918 does not apply to a provision of any other Act in which a reference to the Mental Health Act 1962 or a provision thereof appears; and the said section 14 shall also be applicable to a provision of any regulations in which such a reference appears.

the Inter-

pretation Act	shall not be taken to indicate that section 14 of the
1918.

PART 1.-CHILD WELFARE ACT 1947-1979.

Citation.

Reprinted as	4. (1) In this Part the Child Welfare Act
approved 11

November	1947-1979 is referred to as the principal Act.
1977;

amended by Act No. 77 of 1979. (2) The principal Act as amended by this Act may

be cited as the Child Welfare Act 1947-1981.

Section 4

amended. 5. Section 4 (1) of the principal Act is amended, in the definition of "child in need of care and protection"

(a)	in paragraph (j), by deleting "or" in the second place where it appears;
(b)	in paragraph (k), by inserting after "jeopardy;" the following-

" or " ; and

(c) by inserting after paragraph (k) the following paragraph

"(1) is suffering from mental disorder necessitating treatment in his own or the public interest, but who is not receiving such treatment; " .

1981.	Acts Amendment	[No. 52.
(Mental Health).

PART II.-CONVICTED INEBRIATES' REHABILITATION

ACT 1963-1974.

6. (1) In this Part the Convicted Inebriates' RCietpari tinotne.a as

Rehabilitation Act 1963-1974 is referred to as the %TV

principal Act.	amended by
Act No. 33
of 1974.
(2) The principal Act as amended by this Act may be cited as the Convicted Inebriates' Rehabilita- tion Act 1963-1981.

7.    Section 3 of the principal Act is amended by 2ggiodne g

deleting the definition of "psychiatrist" and

substituting the following

"psychiatrist" means a medical practitioner whose name is contained in the Register of Psychiatrists prepared and maintained pursuant to section 100 of the Mental Health Act 1981. " .

PART III.-THE CRIMINAL CODE.

8.    In this Part "the Code" means The Criminal Citation.

Code.

Section 336

Section 336 of the Code is amended by deleting

"disorder" in both places where it appears and

substituting the following-

amended.

9.

" illness " .

Section 337

10. Section 337 of the Code is amended by

deleting "disorder" in both places where it appears

and substituting the following-

amended.

" illness " .

No. 52.]	Acts Amendment	[1981.
(Mental Health).

PART IV.-MINE WORKERS' RELIEF ACT 1932-1980.

Citation.

Reprinted as

approved in	11.	(1) In this Part the Mine Workers' Relief
Vol. 16 of

the

Act 1932-1980 is referred to as the principal Act.

Reprinted

Acts 19 June

1962;

amended	(2) The principal Act as amended by this Act may
by Acts Nos.

96 of 1964,	be cited as the Mine Workers' Relief Act 1932-1981.
62 of 1973, 29 of 1977 and 46 of 1980.

Section 34 of the principal Act is amended by deleting "has the status of a patient under the Mental Health Act 1962" and substituting the following-

Section 34 12.

amended.

" becomes a patient within the meaning in

section 3 of the Mental Health Act 1981 " .

PART V.-OFFENDERS PROBATION AND

PAROLE ACT 1963-1980.

Citation.

(1) In this Part the Offenders Probation and (2) The principal Act as amended by this Act may be cited as the Offenders Probation and Parole Act 1963-1981.

Reprinted as 13.

approved 11

November

Parole Act 1963-1980 is referred to as the principal

1977;

amended by

Act.

Act No. 96

of 1980.

Section 39C

repealed and	14.	Section 34C of the principal Act is repealed
substituted.

Application	and the following section is substituted-
of this Act
while person

a patient	34C. Where the Governor makes an order that a person be admitted as a patient to an approved hospital, this Act ceases to apply to that person while he is a patient. " .
under s. 54 of
Mental	under section 54 of the Mental Health Act 1981
Health
Act 1981.
PART VI.-PUBLIC TRUSTEE ACT 1941-1979.
Citation.

Reprinted as	15. (1) In this Part the Public Trustee Act
approved 4

February	1941-1979 is referred to as the principal Act.
1981.
(2) The principal Act as amended by this Act may be cited as the Public Trustee Act 1941-1981.

1981.]	Acts Amendment	[No. 52.
(Mental Health).

Section 2

16. Section 2 of the principal Act is amended amended.

(a) by deleting the definition of "incapable patient" and substituting the following-

" "incapable patient" means a person who is a patient within the mean- ing of the Mental Health Act 1981 and who is reported to the Public Trustee pursuant to section 77 (1) of that Act as being incapable of managing his affairs. " ;

(b) in the definition of "infirm person" by deleting "but does not include an incapable patient" and substituting the following-

" and includes a person who is deemed by section 24 (4) to be an infirm person, but does not include an incapable patient " ;

(c) in the definition of "Manager" by deleting "1962" and substituting the following-

" 1981 " ;

(d)	by deleting the definition of "Mental disorder";
(e)	in the definition of "Rules" by deleting "1962" and substituting the following-

" 1981 " ; and

(f) in the definition of "the superintendent" by deleting "1962" and substituting the following-

" 1981 " .

17. Section 24 of the principal Act is amended	Section 24
amended.

(a) in subsection (3) (b) by deleting "1962" and substituting the following-

" 1981 " ; and

(b) by repealing subsections (4), (5) and (6), and substituting the following

C4 (4) Where pursuant to section 77 (3)

of the Mental Health Act 1981 it is reported to the Public Trustee that a

No. 52.]	Acts Amendment	[1981.
(Mental Health).

person who is an incapable patient is discharged but is still incapable of managing his affairs

(a)	the person shall, with immediate effect, be deemed to be an infirm person for the purposes of this Act as if the Public Trustee had on receipt of the report signed and sealed a certificate under subsection (1) of section 35 of this Act in respect of that person; and
(b)	this Act, except subsections (2), (3) and (4) of section 35, shall forthwith apply to him accordingly. " .

Section 25

amended. 18. Section 25 of the principal Act is amended in subsection (2)-

(a) by deleting ", by reason of mental disorder," and substituting the following

C by reason of mental illness or being an

intellectually handicapped person (within the meaning of those terms in the Mental Health Act 1981), " ; and

(b) by deleting "Part VI of the Mental Health Act, 1962" and substituting the following-

" Part VIII of the Mental Health Act

1981 " .

Section 32

amended. 19. Section 32 of the principal Act is amended by deleting "1962" and substituting the following-

" 1981 " .

Section 34

repealed. 20. Section 34 of the principal Act is repealed.

1981.]	Acts Amendment	[No. 52.
(Mental Health).

PART VII.-SUPREME COURT ACT 1935-1979.

ation.

21. 1935-1979 is referred to as the principal Act. (1) In this Part the Supreme Court Act Citati on. as

ma papyr o19v8e0d. 12

(2) The principal Act as amended by this Act may be cited as the Supreme Court Act 1935-1981.

22.

in subsection (2) (c) by deleting ", 1962" and

substituting the following-

Section 11E of the principal Act is amended =JO

" 1981 " .

23. subsection (1) by deleting paragraph (f). Section 58 of the principal Act is amended in T=Theg8

PART VIII.-UNITING CHURCH IN AUSTRALIA ACT 1976.

(1) In this Part the Uniting Church in Australia Act 1976 is referred to as the principal Act.

Citation.

Act No. 139

of 1976.

(2) The principal Act as amended by this Act may be cited as the Uniting Church in Australia Act 1976-1981.

24.

Section 15 of the principal Act is amended by

deleting paragraph (d) and substituting the

following-

Section 15

amended.

25.

" (d) becomes a person who is suffering from a "mental illness" or an "incapable person" within the meaning of those terms in the Mental Health Act 1981; " .

PART IX.-UNIVERSITY MEDICAL SCHOOL,

TEACHING HOSPITALS, ACT 1955.

Citation.

26.

(1) In this Part the University Medical School, Teaching Hospitals, Act 1955 is referred to as	Act No. 31
of 1955.
the principal Act.

No. 52.]	Acts Amendment	[1981.
(Mental Health).

(2) The principal Act as amended by this Act may be cited as the University Medical School, Teaching Hospitals, Act 1955-1981.

Section 2

amended. 27.

Section 2 of the principal Act is amended in the definition of "public hospital" by deleting paragraphs (b), (c), and (d) and substituting the following-

" (b) an approved hospital under section 10 of

the Mental Health Act 1981; " .

Section 5

Section 5 of the principal Act is amended by

repealing subsection (2) and substituting the

following

amended. 28.

(2) If the teaching hospital is an approved hospital under section 10 of the Mental Health Act 1981 the Advisory Committee shall consist of

a person nominated by the Senate;

a person nominated by the Faculty of Medicine of The University of Western Australia;

the Director of Mental Health Services or a

person nominated by him;

and

a medical practitioner nominated by the

Minister to whom the administration of the

Mental Health Act 1981 is committed. " .