Insanity Act Amendment Act of 1935 (26 Geo v No. 34) (Qld)

INDUSTRY-INSANITY. 26 GEO. V. No. 34, 1935. Insanity Act Amendment Act. Provided always that any such rescission, amendment, variation, or addition shall not affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any such Order in Council which shall be so rescinded, amended, varied, or added to, or any legal proceeding or remedy in respect of any such right, privilege, obligation, or liability; and any such legal proceeding or remedy may be instituted, continued, or enforced notwithstanding any such rescission, variation, amendment, or addition. 15445 INFANT LIFE PROTECTION. See CHILDREN (1), (2). INSANITY. An Act to Amend "The Insanity Act of 1884 >; (as 26 Geo. V. amended by subsequent Acts) in certain N ' o TH . E 34. particulars. INSANITY ACT A)lEND)lENT [AssEN'rED TO 10TH DECEMBER, 1935.] ACT OF 1935. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Insanity Act Short title Amendment Act of 1935," and shall be read as one with and *" The Insanity Act of 1884," as amended by t' The construction. Public Curator Act of 1915" and t" The Criminal Code Amendment Act of 1922," herein collectively referred to as the Principal Act. The Principal Act and this Act may collectively Collecti'!0 be cited as " The Insanity Acts, 1884 to 1B35." tJtle. * 48 Vie. No. 8, supra, page 1003. t 6 Geo. V. No. 14, 8upra, page 7056. t 13 Geo. V. No. 2, supra, page 9970.

15446 INSANITY. Insanity Act Amendment Act. 26 Goo. V. No. 34, Amendments of the Principal Act. Amendment 2. Section four of the Principal Act is amended of s. 4. by inserting, after the definition of "Medical Officer," the following new definition :- Government Medical Officer. " "Government Medical Officer "-The medical officer appointed by the Governor in Council for any city, town, or place." Repeal of 3. Section twenty-five of the Principal Act is ~ e! 5S: ~ ~ 5 repealed and the following new sections 25 and 25A are and 25A. inserted in lieu thereof, namely : - [Course to "[25.J (1.) When any person is lodged in a watch- ~t~: ~ ~ ~ ~ ~ e house, lock-up, or other place of detention on any charge person is under the provisions of the last two preceding sections, ~ ~ ~ ~ ! ht the member of the Police Force in charge of such watch- justices and house, lock-up, or other place of detention shall as soon ~ ~: . ~ ~ ~ for as possible after such person has been lodged therein observation.] call to his assistance the Government Medical Officer [25.] appointed for such city, town, or place, or, if the Govern- ment Medical Officer is not available or a Government Medical Officer has not been appointed for such city, town, or place a medical practitioner that is available in such city, town, or place; and the Government Medical Officer or other medical practitioner so called shall examine such suspected person and issue his certificate. (2.) The person so suspected to be insane shall- (a) If in a fit mental condition to appear in court, be brought before two justices; or (b) If not in a fit mental condition to appear in. court, be viewed in such place of detention by the justices who will hear such case, and such justices shall have power to hear evidence and make an order in the absence of such person. (3.) If the Government Medical Officer or other medical practitioner who in the first instance examines the person suspected of being insane certifies that such suspected person is insane, the justices hearing the case shall call to their assistance another medical practitioner who shall, after being advised of the circumstances of the case, examine such suspected person apart from the Government Medical Officer or other medical practitioner

INSANITY. 1935. Insanity Act Amendment Act. who in the first instance examined such suspected person, and such justices shall have power to remand such suspected person to the same or to some other place for such purpose. (4.) If the Government Medical Officer or such other medical practitioner who in the first instance examined the suspected person will not certify that such suspected person is insane, but certifies that he should be remanded for medical observation, such justices shall, upon being satisfied that such suspected person should be remanded for medical observation, remand such person for medical observation; and in the case where a suspected person is before the court in Brisbane, such suspected person may either be remanded in custody in the watch-house, or he may be remanded to No. 14 Ward of the Brisbane General Hospital to the care and custody of the Medical Superintendent for the period of such remand or any further period of remand which is considered necessary_ (5.) If at the end of any period of remand or at the end of any sooner period, and provided that the Govern- ment Medical Officer or other medical practitioner who in the first instance examined such suspected person or some other medical practitioner certifies in writing that such suspected person is not insane, such person shall be brought before any two justices who shall, on production of such certificate and on being satisfied that the suspected person is not insane, discharge such person. (6.) If upon production of two certificates from two medical practitioners that any person is insane and upon other proof (if any), any two justices are satisfied that such person is insane, and- (a) Is without sufficient means of support; or (b) Was wandering at large or discovered under circumstances indicating a purpose of com- mitting some offence against the law; or (c) Is not under proper care and control; or (d) Is cruelly treated or neglected by any person having or assuming the charge of him, and that such insane person requires to be taken charge of and detained under care and treatment, the justices may by order under their hands according to the form in the Fourth Schedule to this Act or to the like effect, 15447

15448 INSANITY. Insanity Act Amendment Act. 26 GEO. V. No. 34, with a statement of particulars attached thereto, according to the form in the Fifth Schedule to this Act or to the like effect, direct such person to be removed into such asylum to be named in the order; and such person shall, subject to the provisions contained in this section and in section twenty-six of this Act be forthwith conveyed to and detained in such asylum accordingly, and shall thenceforth be deemed to be a patjent thereof: Provided that the justices may suspend the execution of any such order for a period not exceeding thirty days and in the meantime give such direction or make such arrangements for the proper care and control of such person in a reception-house or in such other hospital, institution, or place as they may deem necessary or desirable. (7.) Notwithstanding anything in this Act to the contrary, the justices where necessary shall have power to remand any suspected person; and the provisions of *" The Justices Acts, 1886 to 1932," shall apply and extend as if such remand were a remand by justices in a court of petty sessions. (8.) '\Then any person suspected to be insane is arrested and lodged in any watch-house, lock-up, or other place of detention where there is no resident medical practitioner, such suspected person shall be brought before a justice and such justice after hearing evidence, either in the presence or absence of such suspected person, may order that such suspected person be remanded in custody to the nearest town or place where a medical practitioner resides for the purpose of being medically examined and subsequently dealt with as is herein provided. Removal of [25A.] The medical superintendent or medical f'llsreeted officer of any hospital (whether constituted under t" The I: : : ft;~~ Hospitals Acts, 1847 to 1891," or t" The Hospitals Acts, :~ ~ !~: ~ &e., 1923 to 1932('b') ~ ay by ct~ rtitfi~ ate unhdher hi~ thla) nd remotvde of hospitals. any person emg a pa Jen In suc OSpl a suspec e [25A.] by him to be insane from any general ward in such hospital to any detention ward in such hospital or to any place in such hospital where such person may be properly safeguarded or detained. Such medical * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seg. t 11 Vie. No. 59 and amending Acts, supra, pages 951 et seg. t 14 Oeo. V. No. 44 and amending Acts, supra, pages 105:l7 et seq.

INSANITY. 1::>449 1935. Insanity Act Amendment Act. superintendent or medical officer shall within twenty- four hours of such removal and detention notify the nearest officer of police of the removal and detention of such person and also forward his certificate to such· officer of police, and the provisions of Part Ill. of this Act shall thereafter apply and extend accordingly. The medical superintendent or medical officer of any such hospital, or the committee or member thereof, or the Board or member thereof, or any medical officer, officer, secretary, nurse, employee, or servant thereof is indemnified against all actions, claims, suits, indictments, or other proceedings for any act, matter, or thing done or purporting to be done in accordance with this section." 4. Section twenty-seven of the Principal Act is Amendment amended by inserting, after the words " to such medical of s. 27. practitioners," the words "and such justices may also grant a certificate for the payment of such remuneration to such medical practitioners as are called to examine any suspected person by the member of the Police Force in charge of a watch-house, lock-up, or other place of detention." 5. The following new section one hundred and New s. 173. seventy-three is inserted, after section one hundred and seventy-two of the Principal Act, as follows:- " [173.] (1.) No action, suit, or other proceeding Indemnity shall be commenced, prosecuted, or maintained against of police, any officer or member of the Police Force, or against any &0. medical practitioner or Government Medical Officer, or against any other person for or on account of any act, matter, or thing done or commanded to be done for the purposes of carrying out the provisions of this Act unless the plaintiff proves to the satisfaction of the court that any act, matter, or thing so done was done without the exercise of good faith and maliciously and without reasonable care. (2.)!No action, suit, or other proceeding as aforesaid shall be commenced unless within three months after the alleged cause of action, or, in the case of a suit or action by a person who has been an insaneperson or patient, unless within three months next after the discharge of the patient. (3.) Proceedings in spch suit or action or proceeding as aforesaid may on summary application to the court be stayed upon such terms as to costs or otherwise as

/ 15450 INSANITY. - - - . - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - In.sanity Act Amendment Act. 26 GEO. V. No. 34, 1935. the court may think fit if the court is satisfied that there is no reasonable grounds for aUeging want of good faith or reasonable care, or malice, or that the said proceedings have been commenced after the expiration of three months aforesaid." New s. 174. 6. (1.) The following new section one hundred and seventy-four is inserted, after section one hundred and seventy-three of the Principal Act, previously inserted ~ - Indemnity of hospitals. " [174;] No action, suit, indictment, information, or other proceeding shall be commenced, presented, prosecuted, or maintained against any hospital (whether constituted under *"The Hospitals Acts, 1847 to 1891," or t" The Hospitals Acts, 1923 to 1932") or against any hospital committee or member of the hospital committee, or against any hospital board or member of the hospital board, or against any medical officer, officer, secretary, nurse, employee, or servant of any hospital for any act, matter, or thing done or purporting to be done, and whether before, on, or after the passing of t" The Insanity Act Amendment Act of 1935" pursuant to any order, direction, instruction, or request given or made to any such hospital by any justice or justices, or police magistrate or acting police magistrate, or any officer or member of the Police Force; and every such act, matter, or thing done by any such hospital as aforesaid shall in the absence of proof to the contrary be and be deemed to have been done pursuant to an order, direction, instruction, or request of a justice or justices, police magistrate, acting police magistrate, or officer or member of the Police Force. The term "hospital" shall mean and include the committee or member thereof, the hospital board or member thereof, or any medical officer, officer, secretary, nurse, employee, or servant of any such hospital. " Application of section. (2.) The provisions of this section shall have effect notwithstanding any decision or judgment or order of any court of competent jurisdiction to the contrary, whether such decision or judgment was made or pronounced or order was made before, on, or after the passing of t" The Insanity Act Amendment Act of 1935," * 11 Vie. No. 59 and amending Act'l, 8upra, pages 951 et Beq. t 14 Qeo. V. No. 44 and amending ActB, supra, pages 10537 et 8eq. ~ This Act.

INSANITY-LABOUR. 15451 26 GEO. V. No. 2, 1935. Income (Unemployment Relief) Tax, Etc., Act. and any such decision or judgment or order of any court so made shall be vacated and void and of none effect whatever; and any judgment of any court in respect thereof obtained after the passing of *" The Insanity Act Amendment Act of 1935" is and shall be vacated and of none effect whatever. 7. The following new section one hundred and New s. 175. seventy-five is inserted in the Principal Act, after section one hundred and seventy-four, previously inserted :-- "[175.J Every police magistrate or acting police Police magistrate shall have power to do alone any act, matter, magi~ ~ rate or thing which by this Act is directed to be done by a ~ ~ ~ ~ emg justice or justices." magistrate. LABOUR. (1) Income \ Unemployment Relief) Tax Acts Amendment Act of H)35 (2) Industrial Conciliatl:on and Arbitration Acts Amendment Act of 1935 (3) Workers' Compensation Acts Amendment Act 0/1935.. .. .. .. .. .. 26 Geo. V. No. 2 26 Geo. V. No. 3 26 Geo. V. No. 26 An Act to Amend" The Income (Unemployment Relief) Tax Acts, 1930 to 1932," by Reducing The Income (Unemployment Relief) Tax in Certain Directions; and for other purposes. 26 Geo. V. No. 2. THE INCOME (UNEMPLOY· MENT RELIEF) TAX ACTS AMENDMEN'I' ACT OF 1935.. [ASSENTED TO 27TH SEP~ rEMBER, 1935.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :-' 1. (1.) This Act may be cited as "The Income Short titl" ( Unemployment Relief) Tax Acts Amendment Act of ~ : ! tructioll. 1935." This Act shall be read and construed as one with t" The Income (Unemployment Relief) Tax Acts, 1930 to 1932," as amended from time to time by Orders in Council. * This Act. t 21 Geo. V. No. 1,21 Geo. V. No. 38, 22 Geo. V. No. 12, and 23 Geo. V. No. 11, 8upra, pages 12952, 13004, 13781, and 14249. For list of Orders in Couneil see Alphabetieal Table.