LUNACY (AMENDMENT) ACT.
Act No. 39, 1934.
| An Act to provide for the reception of voluntary patients into hospitals for the insane and licensed houses and for their care and main- tenance therein; to facilitate admissions to the Reception House; to confer certain powers on official visitors; to amend the Lunacy Act of 1898; and for purposes connected therewith. [Assented to, 26th November, 1934.] | BE |
| la t ive Council and Legis la t ive Assembly of N e w South | BE by and wi th t h e advice and consent of the Legis- |
| Wales in P a r l i a m e n t assembled, and by the au thor i ty of t h e same, as follows :— |
i t enac ted b y t h e K i n g ' s Mos t Exce l l en t Majesty ,
| 1. | (1) This A c t | m a y | be | ci ted | as | t he | " L u n a c y |
| ( A m e n d m e n t ) | Ac t , | 1 9 3 4 ? ' |
| (2) The | L u n a c y A c t | of 1S9S is in th is A c t |
| referred | to as t he P r inc ipa l | A c t . |
| 2. | T h e | Pr inc ipa l | A c t | is | a m e n d e d — |
| (a) by inse r t ing a t t h e end of | section | twen ty- four |
t h e following shor t head ing and new section :— (3.) Reception and maintenance of voluntary
| patients | in hospitals fur | the insane | and |
| licensed | houses. |
| 24A. | (1) | The supe r in t enden t of any hospi ta l |
for t he insane or l icensed house m a y receive in to such hospi ta l or l icensed house as a vo lun ta ry pa t i en t a n y person w h o is desirous
| of | s u b m i t t i n g | himself | to | t r e a t m e n t . |
N o person shal l be so received unless wi th t h e assent in wr i t i ng of t h e Inspec to r -Genera l who shall only give such assent upon the w r i t t e n appl ica t ion of t h e person des i r ing to
| become | a | vo lun ta ry | pa t i en t . |
| (2) Eve ry such pa t i en t | shal l | be pro |
duced to t h e Inspec to r -Genera l a t his visits.
| (3) | N o such | pa t i en t | shal l be de ta ined |
| for more t h a n | seven days af ter h a v i n g given |
| no t ice | to | t h e | supe r in t enden t | of | his | i n t en t ion |
or desire to leave.
| (4) | N o | v o l u n t a r y | pa t i en t | shal l | be |
| deemed to be an insane pa t i en t or a | p a t i e n t |
| w i th in | t h e | m e a n i n g | of | sect ion | th ree . | T h e |
| M a s t e r | m a y , | b u t | only | a t | t he | reques t | in |
| wr i t i ng | of | a | v o l u n t a r y | pa t i en t , | t ake | charge | of |
h i s p roper ty , a n d t h e Mas t e r shal l t h e n have in respect thereof t h e same powers as he h a s
over
over t h e p rope r ty of a n insane pa t ien t , a n d unless released by the Mas te r in the prescr ibed m a n n e r , such p rope r ty shall r emain unde r his
| care un t i l | t h e vo lun ta ry | p a t i e n t | is | discharged, |
| or dies. |
| (5) | The Mas te r may t ake t he necessary |
| s teps | to collect | t h e cost | of | m a i n t e n a n c e | of | a |
| vo lun ta ry | p a t i e n t | from | t h e | p a t i e n t | himself, | or |
f rom t h e relat ives of such pa t i en t . F o r t h a t purpose the provisions of sections one h u n d r e d and forty-two to one h u n d r e d a n d forty-seven,
| inclusive, appl icable | to or wi th | r ega rd | to |
| insane | pa t ien t s and | the i r re la t ives , shal l | apply |
| to and | w i t h | regard | to | such | vo lun ta ry | p a t i e n t |
(6) Not ice of t he admission and of t h e
d ischarge or dea th of such a pa t i en t shal l be
| given as in t h e case of an insane | pa t i en t . |
(7) Section forty and subsect ion two of section for ty-nine shal l no t ex tend to t h e super in tenden t of a hospi ta l for the insane or licensed house who receives a vo lun t a ry pa t i en t
| u n d e r | th i s | sect ion. |
| (b) by omi t t ing f rom | section | one t h e | le t te rs | a n d |
figures " ss. 4 - 2 4 " and by inser t ing in l ieu thereof t he figures, words, and let ters " (3.) Reception and maintenance of voluntary
| patients | in hospitals for the insane and licensed |
| houses—ss. | 4 - 2 4 A . " |
| 3 . | The P r inc ipa l | Ac t is fu r ther | a m e n d e d — |
| (a) | by inserting next after section one hundred t h e following n e w section :— |
100A. (1) On receipt of an appl icat ion from a pa t i en t detained in a hospi ta l for t he insane or l icensed house , or from a n y re la t ive or friend of such pa t ien t , t he official visitors may , a t the i r discretion, hold an inqu i ry for the purpose of ascer ta in ing if t he pa t i en t is de ta ined for sufficient cause.
( 2 )
(2) The official visitors m a y discharge
| a pa t i en t if t hey a re satisfied by t h e | certificate |
| of | two | psychia t r i s t s | w h o m | they | t h i n k | fit | to |
| consul t , se t t ing | out | t h a t | t h e | p a t i e n t | is | de ta ined |
| w i t h o u t | sufficient | cause, | a n d | t h a t | he | m a y |
| w i t h o u t | r isk | of in jury | to t he pub l i c or to | h i m |
self, be set a t la rge .
| (3) | A n y | inqu i ry | held | u n d e r | th is |
section shall , so far as is pract icable , be he ld a t t h e hospi ta l or licensed house in which
| t h e pat ient | is deta ined. |
| (4) I t | shal l | be | t h e | d u t y | of | t h e |
| medical | supe r in t enden t | w ho | receives | an |
| appl icat ion | u n d e r | th i s section | to forward | t h e |
| appl ica t ion | wi thou t | delay | to | t h e | official |
| visi tors. |
| (5) The | Inspec to r -Genera l | a n d | t h e |
medical super in tenden t shal l receive not ice of t he inqu i ry and shal l be ent i t led to be present or to be represented a t such inqu i ry .
(6) The costs of ob ta in ing t h e certifi
cate of t h e two psychia t r i s t s shal l be borne by
the pa t i en t or by the relat ive or friend w ho
| applies for t he | i nqu i ry . |
| (b) by | omi t t ing | from | section | one t he | figures |
| " 100 " and by inse r t ing in l ieu thereof | t h e |
| figures | and le t te r " 100A." |
| 4 . | The | Pr inc ipa l | A c t | is fu r the r | a m e n d e d — |
| (a) by inse r t ing a t t h e end of sect ion four | t h e |
| fol lowing | s u b s e c t i o n : — |
(2) A person m a y be received in to a n d deta ined in a recept ion house u p o n t h e certifi cate of one medical p rac t i t ioner in t h e fo rm of Schedule 2A ; a person m a y also be received in to and de ta ined in a recept ion house on his own wr i t t en r eques t or on t h e wr i t t en reques t of a re la t ive or friend, if t h e medical officer
of
of t he recept ion house certifies a t t h e foot of such w r i t t e n r eques t t h a t in his opinion t h e person proposed for admission is a su i table case for admission to t he recept ion house for
| observat ion | and | t r e a t m e n t . |
| W h e r e any person is admi t t ed | to a | recept ion |
house u n d e r th i s subsection t h e fact of his admission shall as soon as prac t icable be notified to a police constable by the medica l officer or officer in charge of t he recept ion house, and t h a t cons table shall b r i ng any such person before two just ices as if he h a d been found by a constable wander ing a t la rge .
| (b) by inser t ing n e x t after | Schedule | Two t h e |
following new Schedule :—
SCHEDULE 2A.
I, the undersigned medical practitioner, hereby certify that on the day of , 1 9 , 1 personally examined [name of person in full], and am of opinion that he is ;i .suitable; case for admission to the [name of institution,] for observation and treatment.
| Dated this | day of | , one thousand nine |
hundred and
[Signature]
[Place of abode]