Leprosy Act of 1890 (NSW)

No. XX.

All Act to provide for the notification of cases of Leprosy; for the detention and isolation of Lepers; the appointment of Lazarets; and for other purposes. [26th November, 1890.]

BE t he advice and consent of t h e Legis la t ive Counci l and Legis ­

it enacted by the Queen ' s Mos t Exce l l en t Majesty , by and w i t h lat ive Assembly of N e w South "Wales in P a r l i a m e n t assembled, and

by

the au thor i ty of t he same, as follows :—

1.    This Ac t m a y be cited as t he " L e p r o s y Ac t of 1890 . "

2. I n th is Ac t t h e expression :—-

" Board of H e a l t h " means Board of H e a l t h as const i tu ted u n d e r

t he au thor i ty	of t he	" In fec t ious	Disease Supervision	Act ,
1 8 8 1 . "

" Governor" m e a n s Governor wi th t h e advice of t h e Execu t ive

Council .

" H o u s e or P r e m i s e s " means and includes any house, p a r t of a

house , room, ship, vessel, boat , t en t , van , shed, or o ther

s t ruc tu re .

" Legal ly

" Lega l ly qualified Medical P rac t i t ione r" means a legally qualified

Medical P rac t i t ioner w i th in the mean ing of t he " Medical Prac t i t ioners Ac t of 1855 , " and any Ac t amend ing the same.

3 . On t h e appearance of any case of Leprosy in any house or
premises t he householder or occupier of t he said house or premises,

and also t he medical prac t i t ioner a t t end ing the case, shall immedia te ly

repor t in wr i t ing such case to t he proper author i t ies in m a n n e r follow­

ing, t h a t is to say :—If t h e case occur wi th in t he Met ropol i t an Police

Dis t r ic t t h e n the repor t of t he case shal l be made to t h e Secretary of

t h e Board of Hea l th , and if t h e case occur beyond the Met ropol i tan

Pol ice Dis t r ic t t h e n the repor t shall be m a d e to the Officer in charge

of t h e Pol ice S ta t ion neares t to t he said house or premises. If any person requi red by th is section to repor t any such case shall fail to m a k e such immedia te repor t as hereinbefore required, such person shall be l iable to a pena l ty of not less t h a n t en nor more t h a n fifty pounds .

4. (i) The Governor may , by Proc lamat ion publ ished in the

Gazette, direct t h a t any sui table place be .set apa r t as a Lazare t

for t h e recept ion a n d medical t r e a t m e n t of lepers, and m a y m a k e

regu la t ions for t h e safe custody of such lepers there in .

( I I ) The Board of H e a l t h shall , u p o n repor t be ing made

as aforesaid, or u p o n repor t made b y any legal ly qualified medical pract i t ioner , t h a t any person is suffering from Leprosy, cause invest i­ gat ion by two or more legally qualified medical pract i t ioners , and u p o n be ing satisfied t h a t such person is suffering from t h a t disease, m a y order t h a t such person be removed to and detained in such Lazare t un t i l released by order of the Board , or be isolated in such place and in such m a n n e r as t h e Board m a y d i rec t ; a n d any person so ordered who wilfully refuses or neglec ts fo r thwi th to obey any such order or any direct ions given by t h e Board, or escapes or a t t e m p t s to escape from such Lazaret or place of isolation m a y wi th such necessary force as t he case m a y requi re be removed or b rough t to any Lazare t or o ther su i table place.

(III) E v e r y such order shall be in wr i t ing , a n d shall bo s igned b y t h e Pres ident , or Secretary, or any two members of the Board , and may be addressed to a m e m b e r of t h e police force or other person as t he Board of H e a l t h m a y consider expedient ; and any order so signed shal l be a sufficient wa r r an t to any m e m b e r of t h e police force or such o ther person for ar res t ing t h e person n a m e d or described there in , and for removing h i m or b r ing ing h i m to a n y

th ings as may be requis i te to enforce t h e said order. Laza re t or other place, and for t ak ing all such steps and doing a l l such (IV) A n y person w h o wilfully disobeys, or obstructs the

execut ion of, a n y such order, or who trespasses on a n y such Lazare t or o ther place, or communica tes or improper ly interferes w i th any person detained there in , shall be liable to a pena l ty of no t less t h a n

t e n nor more t h a n t w e n t y pounds .

(v) Eve ry person who, pr ior to t he pass ing of th i s Ac t , has
been detained as a leper in t h e Coast Hosp i t a l a t L i t t l e Bay shall be

deemed to have been lawfully detained, and to be a leper detained

wi th in t h e m e a n i n g and for t he purposes of th is section.

5. A n y order pu rpo r t ing to be signed by t h e Pres ident , or Secretary, or any two members of t h e Board of H e a l t h shall in all proceedings be admissible w i t h o u t fu r the r proof as prima facie evidence t h a t such order has been duly made in pur suance of th i s Act .

0. The Governor , upon the recommenda t ion of t h e Board of

H e a l t h , m a y m a k e and issue regula t ions for t he purpose of car ry ing

th is A c t in to effect; and such regula t ions shall be for thwi th publ i shed

in t he Gazelle. A n y person, not being a leper, who shall wilfully disobey,

or

or act in violat ion of a n y such regula t ions , or who shall resist or wilfully obs t ruc t any person in t h e lawful exercise of a n y of t h e powers conferred unde r this Act , or who shall , w i t h o u t lawful excuse, neg lec t or disobey a n y r equ i r emen t m a d e u n d e r t h e provisions of th is Act , or shal l neglect or refuse to obey any order or direction of t h e Board of H e a l t h m a d e u n d e r th i s Act , wi th in t he t ime l imi ted in t h a t behalf b y such order or direction, shal l for every such offence be l iable to a

pena l ty no t exceeding twen ty pounds .

7. Al l proceedings for offences aga ins t th i s Ac t , or against any regu la t ion m a d e unde r this Act , m a y be had and t aken , in a s u m m a r y way, before any St ipendiary or Police Magis t ra te or any two Jus t i ces of the Peace , u n d e r and subject to t h e Acts in force for t he t ime be ing r egu l a t i ng s u m m a r y procedure before Jus t i ces . The a m o u n t of

every pena l ty inflicted unde r th is A c t or any such regula t ion , toge the r

w i t h costs, m a y be recovered and enforced by distress and sale of t h e goods and chat te ls of t h e person ordered to pay the same, and in defaul t of sufficient distress, such person shall be liable to be imprisoned, w i th or w i t h o u t ha rd labour , for any t e r m not exceeding six mon ths , unless such penal ty and costs be sooner paid.