Mental Health Act, Criminal Code and Health Act Amendment Act 1984 (Qld)

72 0 ANNO TRICESIMO TERTIO ELIZABETHAE S ECUN D AE REGINAE No. 66 of 1 An Act to amend the Mental Health Act 1974, the MentalHealth Act 1974-1978, the Health Act 1937-1984 and The Criminal Code each in certain particulars and for related purposes [ASSENTED TO 12TH SEPTEMBER, 1984]

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 721 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Mental Health Act, Criminal Code and Health Act Amendment Act 1984. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) The remaining provisions of this Act or such of them as are specified by Proclamation shall commence on the date appointed by Proclamation for the commencement of those remaining provisions or, as the case may be, those specified provisions. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY (SS. 1-3); PART 11-AMENDMENT OF MENTAL HEALTH ACT (ss. 4-57); PART 111-AMENDMENT OF CRIMINAL CODE (ss. 58-59); PART IV-AMENDMENT OF HEALTH ACT (ss. 60-63). PART 11-AMENDMENT OF MENTAL HEALTH ACT 4. Amendment of long and short titles . (1) The Mental Health Act 1974 is amended by- (a) in its long title, inserting after the words " mentally ill persons the words " and the Training and Care of intellectually handicapped persons "; (b) in section 1, inserting in its short title after the words " Mental Health " the word " Services ". (2) A reference in any Act passed before the commencement of this section or in any instrument or other document made before the commencement of this section to the Mental Health Act1974 or to that Act as amended to any year specified in the reference shall be construed as a reference to the Mental Health Services Act 1974 or, as the case may be, that Act as amended to the year so specified. This subsection applies without prejudice to the operation of the Acts Interpretation Act1954-1977. 4A. Citation . (1) In this Part the Mental Health Act1974-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Mental Health Services Act 1974-1984. 5. Amendment of s. 4. Savings and transitional . Section 4 of the Principal Act is amended by, in subsection (1), omitting from provision (ii) of paragraph (f) the words " or, as the case may be, a training centre ".

722 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 6. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amendel by- (a) in subsection (1), (i) inserting after the definition " Deputy Director " the following definitions :- " " designated authorized person " means a person designated and authorized by the Minister, in writing, to act as an authorized person for the purposes of section 25; " designated medical practitioner "-in relation to- (a) a patient liable to be detained in a public hospital and classified under the regulations made pursuant to the Hospitals Act 1936 or under that Act as amended as a public patient, means a medical practitioner appointed by the hospital administrator; (b) a patient liable to be detained in any hospital or other place not being a public hospital or a private hospital, means a medical practitioner appointed by the Director; (c) a patient admitted to and for the time being remaining in a psychiatric hospital or any other place established by the Governor in Council pursuant to section 16 and not liable to be detained therein, means a medical practitioner appointed by the Director; (d) any other patient, means the medical practitioner for the time being in charge of the treatment of the patient;"; (ii) inserting after the definition " Director-General " the following definition:- Director of Intellectual Handicap Services " means the officer in charge of the Intellectual Handicap Services Branch of the Department of Health at Brisbane: The term includes any person who for the time being occupies the office or performs the duties of the officer in charge of that branch;"; (iii) in the definition " hospital ", omitting the words " a training centre,"; (iv) in the definition " hospital administrator " omitting the words " a training centre," and the words " training centre,"; (v) omitting the definition " medical treatment "; (vi) inserting after the definition " medical practitioner " the following definition:- " Mennttaall Health Tribunal " means the Mental Health Tribunal established under Part IV;"; (vii) inserting after the definition " public hospital " the following definition:- " residenntt " means any intellectually handicapped person who is residing within a training centre;"; (viii) omitting the definition " responsible medical practitioner ";

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 723 (ix) omitting the definition "security patients' hospital" and substituting the following definition:- " " security patients' hospital " means a security patients' hospital within the meaning of the Prisons Act 1958-1974 and a security patients' hospital established under section 16;"; (x) inserting after the definition " the Supreme Court " the following definition:- " " training " in relation to a resident, includes observation, assessment, intervention and care and, where necessary, education, supervision, social rehabilitation, help and advice;"; (xi) in the definition " training centre ", adding at the end thereof the following words:- " : The term includes a community villa or residential centre for the intellectually handicapped "; (xii) omitting the definition " treatment " and substituting the following definition:- " " treatment " in relation to a patient, includes observation, examination, diagnostic investigation, medical or surgical treatment and care and training, education, supervision and social rehabilitation;"; (xiii) omitting the definition " tribunal " and substituting the following definition:- " Tribunall " means a Patient Review Tribunal constituted under section 14;"; (b) omitting subsection (2) and substituting the following subsection,- " (2) The provisions of this Act apply, with all necessary adaptations, in relation to drug dependence and intellectual handicap as if each of those conditions were a mental illness.". 7. Amendment of s. 6 . Construction and application of Act. Section 6 of the Principal Act is amended by- (a) omitting the word " and " where it occurs between paragraphs (b) and (c); (b) adding at the end of paragraph (c), after the word " others ", the following words:- II (d) so that a person shall not be considered to be suffering from mental illness by reason only that- (i) he expresses or refuses or fails to express a particular political, anarchic, religious or irreligious, legal or illegal, or moral or immoral opinion; or (ii) he engages in or refuses or fails to engage in a particular political, anarchic, religious or irreligious, legal or illegal or moral or immoral activity ".

724 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 8. Amendment of s. 8. Annual report. Section 8 of the Principal Act is amended by omitting all words from and including the words " if Parliament " to the end of the section. 9. Amendment of s. 10. Director, Deputy Director, and other officers. Section 10 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:- " (5) Where the Director is unable through absence, illness or other cause to discharge, exercise and perform his functions, powers and duties under this Act or in the event of a vacancy existing in the office of Director, the Deputy Director may discharge, exercise and perform all and any of those functions, powers and duties; and where both the Director and the Deputy Director are so unable through absence, illness or other cause or in the event of vacancies existing concurrently in the offices of Director and Deputy Director the Governor in Council may appoint a person to discharge, exercise and perform the functions, powers and duties of the Director or the Deputy Director or each of them for the time being and the person so appointed shall have the necessary authority accordingly.". 10. Repeal of and new s. 11. Delegation by Director . The Principal Act is amended by repealing section 11 and substituting the following section :- " 11. Power of delegation . (1) The Minister and, with his approval, the Director-General or the Director may either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate- (a) to a person named therein; or (b) to the holder of an office specifying its title but without naming the holder of the office for the time being, all or any of his functions, powers and duties under this Act except this power of delegation. A delegation to the holder of an office as referred to in provision (b) shall be taken to be, for as long as it subsists, to the holder of that office from time to time including any person who at any time performs the duties of that office. (2) A function, power or duty delegated under subsection (1), if it is discharged, exercised or performed by the delegate, shall be discharged, exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the person making the delegation thinks fit including a requirement that the delegate shall report to him upon the discharge, exercise or performance of the delegated function, power or duty. (4) The Minister, Director-General or Director may make such and so many delegations of the same function, power or duty and to such numbers of persons or holders of office as he considers necessary or desirable.

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 725 (5) The Minister and, with his approval, the Director-General or the Director may at any time revoke a delegation made by him under subsection (1). (6) A delegation does not prevent the discharge of a function or the exercise of a power or the performance of a duty, the subject of the delegation, by the person who made the delegation.". 11. Amendment of s. 12. Official visitors . Section 12 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the word " hospital " the words " or training centre "; (ii) inserting after the words " medical practitioner " the words " or a person qualified to practise a profession that requires a special knowledge and interest with respect to mental health "; (b) in subsection (2), inserting after the word " hospital " the words or training centre "; (c) adding at the end of the section the following subsection: " (3) Official visitors shall receive such remuneration and allowances as are from time to time approved by the Governor in Council.". 12. Amendment of s. 13. Visits by official visitors . Section 13 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " every hospital ", wherever they occur, the words " or training centre "; (b) omitting subsection (2), and substituting the following subsection:- " (2) Immediately after each visit made by an official visitor a report with respect to the visit shall be prepared by him and forthwith be furnished by him- (a) where the report relates to a visit made at the direction of the Minister or Director-General, to the person who gave the direction; (b) where the report relates to a visit to a hospital, other than a visit referred to in provision (a), to the Director; or (c) where the report relates to a visit to a training centre, other than a visit referred to in provision (a), to the Director of Intellectual Handicap Services.". 13. Amendment of s. 14. Mental Health Review Tribunals. Section 14 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of the section and substituting the note " Patient Review Tribunals ";

726 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 (b) in subsection (2), omitting the words " Mental Health " and substituting the word " Patient "; (c) omitting subsection (3) and substituting the following subsection:- (3) Each Tribunal shall consist of not less than three and not more than five members, appointed by the Governor in Council, of whom- (a) one shall be a Judge of District Courts, who shall be chairman of the Tribunal; (b) one at least shall be a medical practitioner; and (c) one at least shall be a person qualified to practise a profession that requires a special knowledge and interest with respect to mental illness."; (d) omitting subsection (4); (e) in subsection (5), (i) omitting from paragraph (c) subparagraphs (i), (ii) and (iii) and substituting the following subparagraphs:- " (i) The Minister shall, in the case of a vacancy caused or about to be caused by the retirement on the expiration of his term of office of a member appointed in compliance with the requirements of provision (b) of subsection (3), and may, in the case of a vacancy arising or about to arise in the office of such a member from any other cause, notify, as and in the manner prescribed, an association of persons recognized by the Minister as representative of psychiatrists. (ii) Within four weeks after an association is notified by the Minister under subparagraph (i) there shall be submitted to the Minister by or on behalf of the association a list of the names of at least three medical practitioners considered by its members to be suitable for appointment to the Tribunal in whose membership the vacancy has occurred or is about to occur."; (ii) renumbering subparagraph (iv) of paragraph (c) as subparagraph (iii); (iii) omitting from paragraph (c) subparagraph (v); (iv) renumbering subparagraph (vi) of paragraph (c) as subparagraph (f) omitting subsection (6) and substituting the following subsection:- 41(6) A casual vacancy in the office of member of a Tribunal occurs if a member holding office- (a) dies; (b) being chairman, ceases to be a Judge of District Courts; (c) attains the age of 70 years; (d) tenders his resignation from office, in writing, addressed to the Minister; or (e) is removed from office by the Governor in Council.";

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 727 (g) omitting subsections (9) and (10) and substituting the following subsections:- " (9) The Governor in Council may appoint a Judge of District Courts to act as chairman of a Tribunal during the absence through illness or other cause of the person who holds the office of chairman. While the appointee so acts he shall be deemed to be a member of the Tribunal and its chairman. (10) The members of a Tribunal shall receive such remuneration and allowances as are from time to time approved by the Governor in Council."; (h) omitting subsections (12) and (13). 14. Amendment of s. 15. Powers and proceed i ngs of Tribunals . Section 15 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, inserting after the word " of " the words " and appeals from "; (b) renumbering subsection (1) as subsection (IA); (c) inserting before subsection (IA) the following subsection:- "(1) Except where this Act otherwise prescribes, this section does not apply in relation to applications or references in respect of patients to whom Part IV applies. A Tribunal shall discharge its functions, exercise its powers and perform its duties conferred or imposed on it by Part IV in accordance with that Part."; (d) omitting subsection (6) and substituting the following subsections:- "(6) Where an application has been made pursuant to this Act to a Tribunal by or in respect of a patient who is liable to be detained under Division II of Part 111, the Tribunal- (a) if it is satisfied that the patient is not suffering from mental illness of a nature or to a degree that warrants his detention in a hospital and does not need to be detained in the interests of his own welfare or with a view to the protection of other persons, may order the Director to discharge the patient; or (b) if it is satisfied that transfer or absence on leave of the patient would be in the interests of the patient and would not be detrimental to other persons, may order the Director to make appropriate arrangements for the transfer or leave of absence of the patient as the Tribunal may specify; or (c) if it is satisfied as to any other matter that appears to it to be relevant to the application, may make such recommendations to the Director if it thinks fit; or (d) may refuse the application. It is competent to a Tribunal to exercise in respect of any application to it two or more of the powers conferred on it by this subsection that are not inconsistent.

728 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 Every order and recommendation of a Tribunal made pursuant to this subsection shall set out the matter or matters of which the Tribunal is satisfied and by reason of which it has made the order or recommendation. (6A) The provisions of subsection (6) apply in relation to an application made by the Minister or the Director under subsection (5) except that where the application has been made by the Minister any order or recommendation made by the Tribunal shall be directed to the Minister to be by him relayed to the Director. (e) omitting subsections (8) and (9) and substituting the following subsections :- "(8) For the purpose of assisting an applicant in such manner as the Tribunal may determine there may be present during a hearing of an application any of the following persons:- (a) an authorized person ; (b) the patient's nearest relative or other relative determined by the Tribunal; (c) counsel or solicitor providing legal representation determined by the Tribunal to be warranted ; and (d) any other person determined by the Tribunal. (9) Where the Tribunal has made an order under subsection (6) then, unless he is notified that an application has been instituted to the Mental Health Tribunal under subsection (10) for the setting aside of the order, the Director shall, within seven days after receipt by him of the order or such shorter period as is practicable, either- (a) comply with the order; or (b) subject to his first obtaining the Minister's approval in writing, make application to the Mental Health Tribunal for the setting aside of the order. Where the Director has made an application under this subsection the order of the Tribunal shall not operate to require the discharge of the patient pending the determination of the application by the Mental Health Tribunal but the Director is not thereby precluded from directing the discharge of the patient at any time. Upon application made to it by the Director the Mental Health Tribunal may extend for such time as it thinks fit the period of seven days within which the Director may make application to it to comply with this subsection and if such an extension is granted this subsection shall be read and construed as if the reference to seven days in the first paragraph were a reference to that period as so extended. (10) Where the Tribunal has refused an application made to it under this section or upon such an application has made an order under paragraph (a) of subsection (6) an application to the Mental Health Tribunal for the setting aside of the refusal or the order may be made by any of the following persons- the patient,

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 729 an authorized person, the patient's nearest relative, a person who made on behalf of the patient the application to the Tribunal, any other person, by leave of the Mental Health Tribunal and such application shall be made- (a) in the case of the Tribunal's refusal, within seven days after the receipt by the person who proposes to make the application of notification in the prescribed form of the refusal; or (b) in the case of the Tribunal's order, at any time before the patient is discharged as a result of the order. Notification of the making of an application under this subsection shall be given, forthwith upon its making, to the Director and if before he is so notified the Director has directed the discharge of the patient but the discharge has not been effected at the time of notification the application shall have the effect of staying the Director's direction until the application is disposed of or struck out by the Mental Health Tribunal. (11) The following provisions of this subsection shall apply with respect to the making of an application under subsection (9) or (10) and with respect to an application duly made thereunder:- (a) the application shall be made in accordance with the rules of practice of the Mental Health Tribunal or, in the absence of such a rule, the directions of the Judge constituting that tribunal; (b) the application shall set out with sufficient particularity the grounds on which the setting aside of the order of the Tribunal is sought; (c) upon the making of the application a copy of it shall be given to the secretary to the Tribunal to whose order it relates and to the person who made the application to the Tribunal in the first instance; (d) upon receipt of a copy of the application made the secretary to the Tribunal shall furnish to the Mental Health Tribunal in accordance with its rules of practice (if any) originals of any evidence given and transcripts of any evidence and notes taken in the proceedings before the Tribunal, or true copies thereof certified as such by the secretary, as well as certified true copies of any resolution, direction, decision or other writing of or in possession of the Tribunal relevant to the matter of the application; (e) the Mental Health Tribunal may make such determination and order upon the application as it thinks fit and its determination and order shall be final and binding on the Director, the Tribunal and all other persons concerned; (f) the Mental Health Tribunal has and may exercise with respect to the application, with such adaptations thereof as may be necessary, the powers conferred on it by section 70.". 24

730 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 14A. New s. 15A.- The Principal Act is amended by inserting after section 15 the following section: "15A. Distribution of Tribunals ' findings etc . A Patient Review Tribunal shall provide a copy of every order (other than a direction for examination of a patient), determination, finding, report and recommendation made by it to- (a) the patient concerned; (b) the applicant to the Tribunal, if he is not the patient; (c) the hospital administrator of the hospital in which the patient is; (d) the Director; and (e) any other persons prescribed.". 15. Amendment of s. 16. Psychiatric hospitals , training centres and other places. Section 16 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the words " training centres," the words " security patients' hospitals "; (ii) omitting all words from and including the words " including any place " to the end of the subsection; (b) omitting subsection (3) and substituting the following subsection:- " (3) Subject to the Minister and to the Director-General, the Director is charged with the administration of psychiatric hospitals, training centres, security patients' hospitals and other places established under this section. In respect of training centres the Director may discharge his responsibility under this subsection through the Director of Intellectual Handicap Services."; (c) in subsection (4), (i) inserting after provision (b) the following provision:- (c) any security patients' hospital;"; (ii) re-designating provision (c) as provision (d); (iii) inserting after the words " training centre " where they lastly occur the words " , security patients' hospital ". 16. Amendment of s. 17. Informal admission of patients . Section 17 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1) and adding at the end of that subsection, after the words " a hospital " the words " after the patient has been examined and his mental condition has been assessed by a medical practitioner and, where the hospital administrator thinks that the patient would benefit from treatment at any other place, after the patient has been appropriately referred to that place ";

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 731 (b) adding at the end of the section the following subsection:- (2) In the case of a patient who has attained the age of 16 years arrangements referred to in subsection (1) may be made, carried out or determined notwithstanding any right to custody or control of that patient vested in any person.". 17. Amendm ent of s . 18. Application for admission . Section 18 of the Principal Act is amended by- (a) in subsection (2), omitting from provision (a) the. words " of a nature or degree which " and substituting the words " of a nature or to a degree that "; (b) in subsection (3), omitting the words " founded on " and substituting the words " supported by ". 18. Amendment of s. 19. Applications in respect of patients already in hospital. Section 19 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) If in the case of a patient who is an inpatient in a hospital, not being a person liable to be detained therein under this Act, it appears to the medical practitioner in charge of the treatment of that patient that an application ought to be made under this Division for the admission of the patient to a hospital, he may certify to that effect in the prescribed form and forthwith furnish the certificate to the hospital administrator and in any such case the patient may be detained in the hospital pursuant to that certificate for a period not exceeding 24 hours from the time the certificate is signed by the medical practitioner.". 19. Amendment of s. 20. Effect of application for admission. Section 20 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) An application for the admission of a patient to a hospital' under this Division together with the medical recommendation by which it is supported, duly completed in accordance with the provisions of this Act, shall be lawful authority for an authorized person to take the patient and convey him to hospital at any time- within 14 days from the day on which the patient was last examined by a medical practitioner before giving a medical recommendation for the purposes of the application; and within seven days from the day on which the medical recommendation was given for the purposes of the application."; (b) in subsection (2), adding at the end of the subsection the following paragraph :- " Any member of the police force who is taking a patient and conveying him to hospital or is assisting therein shall be accompanied by an authorized person.".

732 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 20. Amendment of s. 21. Duration of authority for detention . Section 21 of the Principal Act is amended by- (a) omitting subsection (3) and substituting the following subsection:- (3) Authority for the detention of a patient may, unless the patient has previously been discharged, be renewed under this section- (a) from the expiration of the period referred to in subsection (2), for a further period not exceeding three months; (b) from the expiration of any period of renewal under paragraph (a), for a further period not exceeding 12 months from the day of his admission and thereafter may be renewed from time to time for periods each of which shall not exceed 12 months."; (b) in subsection (4), omitting the words " two months " and substituting the words " one month "; (c) in subsection (6), (i) omitting paragraph (a) and substituting the following paragraph: " (a) Where the authority for. the detention of the patient has been renewed pursuant to subsections (4) and (5), the hospital administrator- (i) shall forthwith make an application to the Tribunal to review the detention; and (ii) shall cause the patient, if he has attained the age of 16 years, and all other persons prescribed by the regulations for the purpose to be informed of such renewal and that an application may be made to the Tribunal by or on behalf of the patient pursuant to this Act."; (ii) inserting in paragraph (b) after the words " or relative " the words " or by any other person by leave of the Tribunal "; (iii) omitting from paragraph (b) the words " by a relative " and substituting the words " by a person ". 21. Amendment of s. 22. Admission applications generally. Section 22 of the Principal Act is amended by omitting the word " fourteen " and substituting the word " seven ". 22. Amendment of s. 23 . Medical recommendations generally. Section 23 of the Principal Act is amended by- (a) in subsection (1), omitting the words " signed on or before the date of the application " and substituting the word " made "; (b) in subsection (2), omitting the word " fourteen " and substituting the word " seven ". 23. Amendment of s. 24. Incorrect or defective application . Section 24 of the Principal Act is amended by- (a) in subsection (1), omitting the words " on which it is founded " and substituting the words " by which it is supported ";

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 733 (b) omitting subsection (2) and substituting the following subsection: " (2) If the hospital administrator is not so satisfied- (a) he shall return the application to the applicant; (b) he shall return the medical recommendation to the medical practitioner who has made and signed it; and (c) he shall notify the medical practitioner in charge of the treatment of the patient." 24. Amendment of s. 25. Warrant to remove to place of safety. Section 25 of the Principal Act is amended by- (a) in subsection (1), omitting from paragraph (b) all words from and including the words " or, if more than one," to the end of the paragraph and substituting the words " in the Magistrates Courts District in which the patient then is or, where in respect of any such district there is more than one such clerk, to one of those clerks "; (b) in subsection (3), (i) omitting paragraph (a) and substituting the following paragraph:- (a) In the execution of a warrant issued under this section the member of the police force by whom it is to be executed- (i) shall be accompanied by a medical practitioner and a designated authorized person; (ii) shall be provided by the clerk of the court by whom the sworn information relied on to support the warrant is held with a copy of the information contained in a sealed envelope; (iii) shall make the copy information referred to in subparagraph (ii) available upon request to the medical practitioner and the designated authorized person accompanying him for their inspection; and (iv) shall deliver the copy information referred to in subparagraph (ii) to the hospital administrator or person in charge of the place of safety to which he has removed the person in respect of whom the warrant was issued. (ii) omitting paragraph (b) and substituting the following paragraph:- " (b) If the medical practitioner or the designated authorized person accompanying the member of the police force inform that member in writing- (i) that, in his opinion, the person in respect of whom the warrant is issued is not mentally ill; or (ii) that, in his opinion, it is not necessary that the person in respect of whom the warrant is issued should be removed to a place of safety, in that person's own interests or for the protection of others, that member of the police force shall not execute the warrant but shall as soon as practicable thereafter make a report as to the issue of the

734 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 warrant and as to the reasons for its not having been executed and shall cause the report to be forwarded to the Director, who shall notify the justice who issued the warrant and the clerk of the court to whom a copy of the warrant was forwarded pursuant to subsection (1)."; (iii) omitting paragraph (c). 25. Amendment of s. 26. Removal without warrant to place of safety. Section 26 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) Subject to subsection (2), a member of the police force may, without a warrant, remove from any place to a place of safety any person whom that member believes to be mentally ill and a danger to himself or other persons and in need of immediate treatment or control. A member of the police force who removes a person to a place of safety pursuant to this subsection shall forthwith complete and furnish to the hospital administrator or person in charge of the place of safety an authority in the prescribed form for the detention at that place of that person."; (b) in subsection (3)- (i) inserting after the words " every road " the words ", airport and aerodrome "; (ii) inserting after the word " vehicle ", the word " aircraft ",. 26. Amendment of s. 27. Procedure on and following removal to place of safety. Section 27 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsections:- " (1) A person removed to a place of safety under this Division shall be detained there or in another place of safety for the purpose of being examined or further examined as soon as practicable by a medical practitioner and being interviewed by an authorized person with a view to the making of an application in respect of him under Division II or of other arrangements for his treatment. This subsection does not authorize the detention of any person in any place of safety for a period exceeding three days from the day on which he was first removed to a place of safety, whether or not he has been examined or interviewed as referred to in this subsection."; (b) in subsection (2), omitting paragraph (b) and substituting the following paragraph:- (b) A hospital shall be deemed to be not readily accessible where- (i) being a private hospital, the hospital administrator of it is not willing to receive the patient; or (ii) being any other hospital, the patient is not able to be cared for in it.

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 735 (c) omitting subsection (4) and substituting the following subsection:- " (4) Where a medical practitioner, upon examining a person detained in a place of safety under this Division, is of the opinion that the person is not mentally ill or does not need to be detained on the ground of mental illness he shall certify accordingly in the prescribed form to the hospital administrator, manager or other person in charge of the place of safety whereupon the authority conferred by this section to detain therein the person examined shall terminate. The hospital administrator, manager or other person in charge of the place of safety shall as soon as practicable furnish to the Director a report of the circumstances of the case.". 27. New ss. 28A to 28E . The Principal Act is amended by inserting after section 28 the following sections:- 28A. Interpretation . In this Part- " diminished responsibility " means that state of abnormality of mind described in section 304A of The Criminal Code; " fit for trial " means, in relation to a person, fit to plead at his trial and to instruct counsel and to endure his trial, with serious adverse consequences to his mental condition being unlikely; " Parole Board " means the Parole Board preserved, continued in existence and constituted under the Offenders Probation andParole Act1980; " unsoundness of mind " means that state of mental disease or natural mental infirmity described in section 27 of The Criminal Code. 28B. Mental Health Tribunal. (1) There shall be constituted a tribunal to be called the Mental Health Tribunal for the purpose of dealing with applications, references and appeals made to it under this Act. (2) The Mental Health Tribunal shall consist of a Judge of the Supreme Court who in the exercise of the tribunal's jurisdiction shall be assisted by two psychiatrists. The two psychiatrists shall not be a constituent part of the tribunal. (3) Each of them the Judge who shall constitute the Mental Health Tribunal and the two psychiatrists who shall assist him shall be appointed by Order in Council. (4) The term of every appointment made to or in respect of the Mental Health Tribunal shall commence on the date specified therefor in the Order in Council by which the appointment is made and, except where the appointment is to a casual vacancy, shall be for a period of three years.

736 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 Unless his office is sooner vacated as prescribed the Judge who constitutes the tribunal and each of the psychiatrists who assist him shall continue to hold office until his successor assumes office in his place. (5) The office of a person constituting or assisting the Mental Health Tribunal shall become vacant if- (a) being the office of the Judge who constitutes the tribunal, the appointee (i) resigns his office by writing given to the Minister; or (ii) ceases to be a Judge of the Supreme Court; or (b) being the office of a person who assists the tribunal, the appointee (i) attains the age of 70 years or sooner dies; (ii) resigns his office by writing given to the Minister; (iii) is removed from office by the Governor in Council. (6) If a casual vacancy occurs in the office of a person constituting or assisting the Mental Health Tribunal during the currency of his term of appointment another person who is eligible for appointment shall be appointed to fill that vacancy. The appointment of a person appointed to fill a casual vacancy shall continue for as long as the appointment of his predecessor in office would have continued had the casual vacancy not occurred. (7) At any time- (a) the Governor in Council may, by Order in Council, appoint a Judge of the Supreme Court to constitute the Mental Health Tribunal during the absence through illness or other cause of the Judge who holds the appointment made under subsection (4); and (b) the Minister may, by instrument in writing, appoint a psychiatrist to act in place of a psychiatrist who holds an appointment made under subsection (4) during his absence through illness or other cause. (8) A psychiatrist who holds an appointment to assist the Mental Health Tribunal, whether under subsection (4) or (7) shall receive such remuneration and allowances as are from time to time approved by the Governor in Council. 28C. Jurisdiction and Proceedings of trib una l. (1) Jurisdiction is hereby conferred on the Mental Health Tribunal to hear and determine all proceedings duly instituted before it under this Act and to make therein such orders as it deems necessary and appropriate to give effect to its findings and such orders as it is authorized by this Act to make. The jurisdiction of the Mental Health Tribunal does not include jurisdiction to award costs.

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 737 (2) Proceedings shall be instituted and conducted before the Mental Health Tribunal in accordance with rules of practice made for the tribunal or, in so far as there are no such rules or no applicable such rule, in accordance with directions of the Judge constituting the tribunal given generally or i n a particular case. (3) The Judge constituting the Mental Health Tribunal may submit to the Minister such rules as he deems necessary or convenient for regulating the procedure and practice of the tribunal and upon being sanctioned by the Governor in Council by Order in Council those rules shall become and be the rules of practice of the tribunal , which- (a) may be amended or rescinded in like manner; and (b) may provide for the giving of directions by the Judge constituting the tribunal in any case not covered by a rule of practice. (4) For the purpose of exercising its jurisdiction the Mental Health Tribunal shall be deemed to be a Commission of Inquiry to which the Commissions of Inquiry Acts, 1950 to 1954 apply and the Judge constituting the tribunal shall be deemed to be the chairman of the commission. (5) Any person concerned in proceedings before the Mental Health Tribunal may appear in person and shall be entitled to appear by his counsel or solicitor or by his agent authorized by him in writing. (6) If it appears to the Judge who constitutes the Mental Health Tribunal that in proceedings before the tribunal the person in respect of whom the proceedings have been instituted cannot be present or that it is not expedient that he should be present the Judge may order that the proceedings be held in that person's absence whereupon the proceedings may lawfully proceed in his absence and the decision therein shall be as binding on that person and all other persons concerned as if that person had been present throughout the proceedings. 28D. References to tribunal. (1) Where there is reasonable cause to believe that a person alleged to have committed an indictable offence is mentally ill or was mentally ill at the time the alleged offence was committed the matter of the person's mental condition may be referred to the Mental Health Tribunal by- (a) a Crown Law Officer; (b) the person concerned or his legal adviser or the person's nearest relative; or (c) where the person has been admitted to hospital under this Act for treatment of mental illness, the Director, for its consideration and determination in accordance with this Part. (2) Without limiting the expression " reasonable cause " in subsection (1) knowledge on the part of a Crown Law Officer that an accused person intends to raise at his trial the defence of insanity or diminished responsibility shall be reasonable cause for the purposes of that subsection.

738 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 28E. Examinations upon tribunal ' s order. (1) Where a matter has been referred to the Mental Health Tribunal under this Part the tribunal may order to be made such psychiatric, medical and other examinations of the person in respect of whom the reference is made as it thinks fit for the purpose of determining- (a) the mental condition of the person at the time the alleged offence was committed; and (b) the mental condition of the person at the time the reference is under its consideration. The order of the tribunal shall be lawful authority for making the examinations ordered and for the use of such force as is necessary for the purpose. (2) Unless the Mental Health Tribunal otherwise orders, a copy of each report relating to an examination made pursuant to the order of the tribunal and a copy of each other report, relevant to the mental condition of the person in respect of whom reference to the tribunal is made, that is in the possession of any person concerned in the reference shall be given to each other person concerned in the reference. The tribunal shall not make an order contrary to the requirements of this subsection upon the ground that the giving of a report in compliance with the subsection would disclose matter detrimental to the case of the person in respect of whom the reference to the tribunal is made. (3) A Crown Law Officer shall be deemed to be a person concerned in every reference made to the Mental Health Tribunal under this Part, by whomsoever made. (4) Evidence compulsorily obtained pursuant to an order of the Mental Health Tribunal or by reason of subsection (2) shall be admissible in any subsequent trial of the person to whom it relates for the alleged offence on account of which the reference to the tribunal was made only- (a) for the purpose of determining whether- the person is wanting of understanding, for the purpose of the application of section 613 of The Criminal Code; the person is not of sound mind, for the purpose of the application of section 645 of The Criminal Code; the person was suffering from unsoundness of mind or diminished responsibility, at the time the alleged offence was committed; a power conferred by section 29 on a court should be exercised; or a power conferred by section 43E on a court should be exercised; or (b) for the purpose of sentencing, and for no other purpose ".

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 739 28. Repeal of ss. 29 to 43 and new sections in lieu. The Principal Act is amended by repealing sections 29 to 43 and substituting the following sections:- " 29. Entry of not guilty plea by court order where accused mentally ill. (1) If at the trial of a person charged with an indictable offence alleged to have been committed either before or after the commencement of section 28 of the Mental Health Act, Criminal Code and Health Act AmendmentAct1984 the person pleads guilty and it is alleged or appears- (a) that he is mentally ill; or (b) that he was or may have been mentally ill at the time the alleged offence was committed, the court may order a plea of not guilty to be entered on his behalf and, if it does so, shall adjourn the trial to a date to be fixed and remand the accused accordingly and order the matter of the accused's mental condition to be referred to the Mental Health Tribunal. (2) If on the appearance for sentence of a person charged with an indictable offence alleged to have been committed either before or after the commencement of section 28 of the Mental Health Act, CriminalCode and Health Act Amendment Act1984 who has pleaded guilty before justices and has been committed by them for sentence it is alleged or appears- (a) that he is mentally ill; or (b) that he was or may have been mentally ill at the time the alleged offence was committed, the court may order a plea of not guilty to be entered on his behalf and, if it does so, shall adjourn the trial to a date to be fixed and remand the accused accordingly and order the matter of the accused's mental condition to be referred to the Mental Health Tribunal. (3) Where a court remands an accused under this section by reason that it is alleged or it appears that he is at the time of the remand mentally ill and it appears to the court that the accused needs to be detained on account of mental illness in the interests of his own welfare or with a view to the protection of other persons, the court shall order that he be detained in a security patients' hospital until the Mental Health Tribunal determines otherwise. Where a court remands an accused under this section by reason that it is alleged or it appears that he was or may have been mentally ill at the time the alleged offence was committed or that he is mentally ill and it does not appear to the court that he needs to be detained as aforesaid, the court- (a) may grant the accused bail; or (b) may order that the accused be detained in prison or in a security patients' hospital until the Mental Health Tribunal determines otherwise. 29A. Persons charged with simple offences mentally ill. (1) In this section- " complaint " includes information and charge;

740 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 " simple offence " means an offence (indictable or not) punishable on summary conviction before justices by fine, imprisonment or otherwise. (2) Where a complaint for a simple offence is before justices and they are satisfied on the evidence of two medical practitioners that the defendant- (a) is suffering from mental illness of a nature or to a degree that warrants his detention in a hospital; and (b) ought to be so detained in the interests of his own welfare or with a view to the protection of other persons, they shall, subject to subsection (3), order that the defendant be admitted to a hospital other than a security patients' hospital and by virtue of that order the matter of complaint shall be deemed to have been adjourned to a date to be fixed and the defendant shall be deemed to have been remanded accordingly. (3) Justices shall not make an order such as is referred to in subsection (2) in the case of a defendant charged with an indictable offence punishable on summary conviction if they are of opinion that the charge is a fit subject for prosecution upon indictment. Justices may have regard to such material as they consider relevant to the question whether the charge is a fit subject for prosecution upon indictment. (4) An order such as is referred to in subsection (2) is lawful authority- (a) for any member of the police force or other person named in the order for the purpose to convey the defendant in respect of whom the order was made to the hospital specified in the order; and (b) for the hospital administrator to admit the patient for treatment. The patient shall be deemed to have been admitted to the hospital pursuant to Division II of Part III and shall be treated as a restricted patient as provided by section 50 and, subject to this section, may be detained therein as if the period for his detention had been renewed for a period of three months from the date of the justices' order. (5) The clerk of the court at the place where an order, such as is referred to in subsection (2), is made shall give notice in the prescribed form of the making of the order to the Under Secretary, Department of Justice, and the Director as soon as possible, and in any case within seven days, after the making of the order. (6) Where a person- (a) after being charged with a simple offence, other than an indictable offence punishable on summary conviction, is admitted to a hospital pursuant to Division II or III of Part III otherwise than under the authority of an order made under subsection (2); or

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 741 (b) after being admitted to a hospital pursuant to Division II or III of Part III is charged with a simple offence, other than an indictable offence punishable on summary conviction, the Director shall, upon being notified thereof, notify the Under Secretary, Department of Justice, who shall thereupon notify the clerk of the court at the place where the matter of complaint is to be heard and, in the case referred to in provision (a), the clerk of the court shall notify the complainant. A patient referred to in this subsection shall be treated as a restricted patient as provided by section 50 and, unless his liability to be detained is extended and renewed in accordance with section 21 (2) and (3), he shall be liable to be detained for a period of three months from the expiration of the period prescribed by section 21 (1) for which he may be detained (which period of three months shall be deemed to be a period of renewal under paragraph (a) of section 21 (3)) and for any further period for which the authority for his detention may be renewed under paragraph (b) of section 21 (3), unless he is sooner discharged as provided by section 50. (7) Upon receipt of notice referred to in subsection (5) or upon being notified as referred to in subsection (6) the Director shall arrange for the patient to be examined by a psychiatrist who in making his examination shall have regard to- (a) the patient's mental condition; (b) the relationship (if any) between the patient's mental illness and the alleged offence the subject of the complaint; (c) the likely duration of the patient's mental illness and the likely outcome of treatment; (d) any other matter likely to assist the Minister for Justice in determining pursuant to this section whether the hearing of the complaint against the patient should proceed; and (e) any other matter prescribed. (8) Within such time or times as are prescribed the psychiatrist shall give to the Director a report on his examination of the patient and the Director, having regard to the report and to the matter referred to in subsection (7), shall give his report to the Minister for Justice and shall furnish to that Minister a copy of the report by the psychiatrist. (9) Upon consideration of the reports referred to in subsection (8) and any other material that he considers relevant the Minister for Justice- (a) may direct that the hearing of the complaint not proceed; (b) if the patient is no longer detained or in the Minister's opinion should no longer be detained on account of mental illness, may direct that the hearing of the complaint proceed; or (c) may defer a determination for a period not exceeding three months.

742 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 (10) Where the Minister for Justice acts pursuant to provision (c) of subsection (9) the matter of the patient's mental condition shall be referred to a Patient Review Tribunal within the period of deferment. The Tribunal may direct to be made such examinations of the patient as it thinks fit and, upon consideration of all material that it considers relevant, shall give to the Minister for Justice its report concerning the mental condition of the patient and shall state whether in its opinion he needs to be further detained on account of mental illness and whether he is fit for trial. If the Tribunal reports that in its opinion the patient does not need to be further detained on account of mental illness and that he is fit for trial, the Minister for Justice may, subject to there being no appeal duly instituted to the Mental Health Tribunal against the findings of the Tribunal direct that the hearing of the complaint proceed. If the Tribunal reports that in its opinion the patient needs to be further detained on account of mental illness or is not fit for trial the Minister for Justice shall forthwith cause- the Director; and the clerk of the court in whose office the complaint was lodged for hearing, to be notified thereof and the clerk of the court shall forthwith notify all other persons prescribed. (11) Where the Minister for Justice directs under subsection (9) or (10) that the hearing of a complaint proceed- (a) the clerk of the court in whose office the complaint was lodged for hearing shall, in the prescribed form, notify the complainant and all other persons prescribed; and (b) the complainant may cause to be issued and served on the patient in accordance with the JusticesAct1886-1982 a summons, which may be issued by the justice before whom the complaint was laid or by another justice, whether or not a summons had previously been issued on the complaint. (12) If- (a) the Minister for Justice directs under subsection (9) that the hearing of a complaint not proceed; (b) a Tribunal reports under subsection (10) that a patient needs to be further detained on account of mental illness or that he is not fit for trial; or (c) within three months after the deferment of a determination under subsection (9) neither the Minister for Justice has directed as referred to in provision (a) nor a Tribunal has reported as referred to in provision (b) the complaint that has led to the application of the provisions of this section shall be deemed to have been thereby dismissed and the patient shall continue to be liable to be detained as if admitted to hospital

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 743 pursuant to Division II of Part III but shall not by reason of subsection (4) be treated as a restricted patient as provided by section 50. In no case shall a complaint deemed pursuant to this subsection to have been dismissed be taken for any purpose to have been heard upon the merits. (13) The provisions of this section shall not be construed to require any complainant to proceed with a matter of complaint or to prevent him from informing the court that he does not intend to offer further evidence. (14) Where the hearing of a complaint proceeds in accordance with this section by way of being resumed, any evidence previously given in the hearing shall be disregarded and the justices who hear the complaint shall hear all evidence de novo. 29B. Patients under Division II or III of Part III charged with indictable offences . (1) Where a person- (a) after being admitted to a hospital pursuant to Division II or III of Part III, is charged with an indictable offence; (b) after being charged with an indictable offence, is admitted to a hospital pursuant to Division II or III of Part III before the completion of an examination of witnesses in relation to the offence; or (c) after being committed for trial or sentence in respect of an indictable offence, is admitted to a hospital pursuant to Division II or III of Part III, he shall be treated as a restricted patient as provided in section 50. (2) Upon being notified of a circumstance referred to in subsection (1) the Director shall notify- the Under Secretary, Department of Justice, and except in a case referred to in provision (a) of subsection (1), the Commissioner of Police, thereof and the Under Secretary, upon being so notified, shall notify the clerk of the court at the place where the examination of witnesses in relation to the offence is to be taken or, in the case referred to in provision (c) of subsection (1), shall notify the registrar of the court to which the person has been committed for trial or sentence. 29C. Persons charged with indictable offences mentally ill upon examination of witnesses . (1) Where justices taking an examination of witnesses in relation to an indictable offence are satisfied on the evidence of two medical practitioners at any time during the examination that the person charged with the offence- (a) is suffering from mental illness of a nature or to a degree that warrants his detention in a hospital; and (b) ought to be so detained in the interests of his own welfare or with a view to the protection of other persons, they shall- (c) order that he be admitted to a security patients' hospital; and

744 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 (d) upon making that order, adjourn the examination to a date to be fixed and remand him accordingly, unless they are satisfied that the evidence heard by them before they made that order is sufficient to put the defendant upon his trial for the offence charged or any other indictable offence, in which event, regardless of anything said by the defendant in answer to the charge, they shall commit him for trial to a criminal sittings of an appropriate court. (2) Where justices make an order such as is referred to in provision (c) of subsection (I)- (a) no order shall be made in relation to custody or bail; and (b) it shall not be necessary for witnesses examined before the justices to enter into recognizances. (3) An order, such as is referred to in provision (c) of subsection (1), is lawful authority- (a) for any member of the police force or other person named in the order for the purpose to convey the defendant in respect of whom the order was made to the security patients' hospital specified in the order; and (b) for the hospital administrator to admit the patient and detain him until he is otherwise dealt with pursuant to this Part. (4) The clerk of the court at the place where an order, such as is referred to in provision (c) of subsection (1), is made shall give notice in the prescribed form of the making of the order to the Under Secretary, Department of Justice, and the Director as soon as possible, and in any case within seven days after the making of the order and shall furnish with the notice a transcript of all oral evidence given before the justices and a copy of any documentary evidence placed before the justices relating to the defendant's mental condition. 30. Examinations of patients referred to in ss. 29B (1) and 29C (4). (1) Upon being notified of a circumstance referred to in section 29a (1) or upon receipt of notice referred to in section 29c (4) the Director shall arrange for the patient to be examined by a psychiatrist who in making his examination shall have regard to- (a) the patient's mental condition; (b) the relationship (if any) between the patient's mental illness and the alleged offence the subject of the charge and in particular the mental capacity of the patient at the time of the alleged offence, having regard to the provisions of section 27 of The Criminal Code; (c) the likely duration of the mental illness and the likely outcome of treatment; (d) any other matter likely to assist the Mental Health Tribunal in making its determination pursuant to this Part; (e) any other matter prescribed.

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 745 (2) Within such time or times as are prescribed the psychiatrist shall give to the Director a report on his examination of the patient and the Director, having regard to that report and to the matters referred to in subsection (1), shall give his report to the Minister for Justice and shall furnish to that Minister a copy of the report by the psychiatrist. (3) The Director's report to the Minister for Justice shall be made within three months from the Director's receipt of the notification or notice referred to in subsection (1). (4) Unless the Director reports to the Minister for Justice that the patient does not need to be detained on account of mental illness, a Crown Law Officer or the Director shall refer the matter of the patient's mental condition to the Mental Health Tribunal. (5) Notwithstanding any provision of this section or the regulations, if the Director is at any time satisfied on material available to him that the patient does not need to be detained on account of mental illness he shall, forthwith notify the Under Secretary, Department of Justice, accordingly and thereupon the provisions of section 31A shall apply. 31. Persons mentally ill while in custody awaiting examination of witnesses . (1) A person who has been charged with an indictable offence alleged to have been committed either before or after the commencement of section 28 of the Mental Health Act, Criminal Code and Health ActAmendment Act1984 and who is in custody awaiting the commencement or continuation of an examination of witnesses in relation to that offence may be removed from his place of custody and admitted to a security patients' hospital for treatment for mental illness, and his admission to the hospital shall be based on an application made in accordance with this section by a person who is an authorized person in respect of that place of custody. For the purposes of this section an authorized person is- (a) in respect of a prison, a superintendent of the prison or such other person as is prescribed in respect of the prison; (b) in respect of a place of custody other than a prison, the person in charge of that place or such other person as is prescribed in respect of that place. (2) An application referred to in subsection (1) shall be founded on the written recommendation of a meJ. cal practitioner, who shall be a Government medical officer or a psychiatrist, which recommendation shall set out the reasons that, in the opinion of the medical practitioner or psychiatrist, the person charged should be admitted to a security patients' hospital for treatment. The application and recommendation shall be in accordance with such other conditions and requirements as are prescribed and where the place of custody is a prison shall be made through the Comptroller- General of Prisons.

746 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 An application duly made and the recommendation on which it is founded shall together be lawful authority for the hospital administrator to admit the patient to the hospital and detain him until he is dealt with otherwise in accordance with this section. Upon the admission of a person to a security patients' hospital pursuant to this section the Comptroller-General of Prisons, in the case of a person admitted to the hospital from a prison, or the authorized person who made the relevant application, in any other case, shall forthwith notify the Director. (3) Within three days from the day of a patient's admission to a security patients' hospital pursuant to this section the patient shall be examined by a psychiatrist who shall certify to the hospital administrator his opinion whether- (a) the patient is suffering from mental illness of a nature or to a degree that warrants his detention in hospital; and (b) the patient ought to be so detained in the interests of his own welfare or with a view to the protection of other persons. If the psychiatrist certifies that the patient needs to be so detained the patient shall be detained pursuant to this section but if the psychiatrist certifies that he does not need to be so detained the hospital administrator shall inform the Director and the Comptroller-General of Prisons and, where the person charged was admitted from a place of custody other than a prison, the authorized person in respect of that place and the Comptroller-General of Prisons shall cause the person charged- (a) where he was admitted from a prison, to be returned to the prison from which he was admitted or to be removed to some other prison; or (b) where he was admitted from a place of custody other than a prison, to be removed to a prison. (4) Each of them the Comptroller-General of Prisons and the person in charge of a place of custody other than a prison has and may exercise with respect to the removal of a person pursuant to this section from a prison or, as the case may be, a place of custody other than a prison to a security patients' hospital the power and authority that the Comptroller- General of Prisons has under section 16 of the Prisons Act 1958-1974 in relation to an order by him under that section and the Comptroller- General of Prisons has and may exercise that power and authority with respect to the return or removal of a person from a security patients' hospital to a prison pursuant to this section. (5) Upon being notified that a person has been admitted to a security patients' hospital pursuant to this section the Director shall notify the Under Secretary, Department of Justice, and the Commissioner of Police and the Under Secretary shall thereupon give notice of the admission to the clerk of the court at the place where the examination of witnesses is to commence or continue. (6) A person admitted to a security patients' hospital pursuant to this section shall be detained therein or in such other hospital as the Director directs in writing until he is otherwise dealt with pursuant to this Part.

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 747 As soon as practicable after being notified that a person has been admitted to a security patients ' hospital pursuant to this section the Director shall arrange for him to be examined by a psychiatrist who in making his examination shall have regard to the matters referred to in section 30 (1). An examination of a patient under this subsection may be conducted in conjunction with the examination of the patient required by subsection (3). (7) Within such time or times as are prescribed the psychiatrist shall give to the Director a report on his examination of the patient made under subsection (6) and the Director, having regard to that report and to the matters referred to in section 30 (1), shall give his report to the Minister for Justice and shall furnish to that Minister a copy of the report by the psychiatrist. The Director's report to the Minister for Justice shall be made within three months from the Director's receipt of the notification referred to in subsection (2). (8) Unless the Director reports to the Minister for Justice that the patient does not need to be detained on account of mental illness, a Crown Law Officer or the Director shall refer the matter of the patient's mental condition to the Mental Health Tribunal. (9) Notwithstanding any provision of this section or the regulations, if the Director is at any time satisfied on material available to him that the patient does not need to be detained on account of mental illness he shall forthwith notify the Under Secretary, Department of Justice, accordingly and thereupon the provisions of section 31A shall apply. 31A. Action on persons found not to be in need of detention. (1) Where- pursuant to any provision of section 30 or 31 the Director has reported or notified that the person to whom the report or notification relates does not need to be detained on account of mental illness; pursuant to section 34 (2) the Minister for Justice has ordered that proceedings be continued against a person; or pursuant to section 34 (5) the Governor in Council has ordered that proceedings be continued against a person, (a) the Under Secretary, Department of Justice, shall forthwith give notice thereof- (i) where the person has been committed for trial or sentence before a court, to the registrar of the court at the place where proceedings with a view to the trial or sentencing of the person are to be held; (ii) where the person has not been committed for trial or sentence before a court, to the clerk of the court at the place where an examination of witnesses by justices in respect of the charge against the person is to commence or continue;

748 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 (iii) to the Commissioner of Police; and (iv) to any other person prescribed; (b) if that person has been committed for trial or sentence before a court in connexion with the charge against him , he shall be brought before the court at the place to which he has been committed or, with his consent at any other place, as soon as is practicable to be dealt with according to law; (c) if that person has not been committed for trial or sentence in connexion with the charge against him , he shall be brought before justices as soon as is practicable and in any case within seven days from the date of the Director ' s report or notification or the order of the Minister for Justice or Governor in Council and the justices shall- (i) make such order as they think fit and are authorized by the Justices Act1886 - 1982 to make; (ii) remand him in custody or on bail; (iii) make such orders as they think fit as to binding of witnesses examined prior to the admission of that person to hospital as referred to in section 29B or 29c; (iv) make such orders as they think fit with a view to the commencement or continuation of the examination of witnesses, and every such order shall be given effect according to its tenor. (2) Any member of the police force or other person prescribed is authorized to convey a person referred to in subsection (1) who is detained in a hospital from the hospital to appear before a court or justices in accordance with subsection (1). 31B. Admission to hospital not to prejudice . Where a person has been admitted to hospital as referred to in section 29B or 29c neither he nor any surety of his shall suffer any detriment by reason of that person's failure to appear before justices in respect of the charge against him if his failure is due to his admission to hospital as aforesaid. 32. Persons mentally ill while in custody after committal for trial or sentence . (1) A person who has been committed for trial or sentence upon a charge of an indictable offence and who is in custody pending his appearance at a criminal sittings of the Supreme Court or a District Court in respect of that charge may be removed from his place of custody and admitted to a security patients' hospital for treatment for mental illness, and his admission to the hospital shall be based on an application made in accordance with section 31 by a person who is an authorized person in respect of that place of custody. (2) The provisions of section 31 apply to and in connexion with the admission of a person to a security patients' hospital pursuant to this section and examinations of and reports on such a person as if he were of a class of person referred to in subsection (1) of that section except that in

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 749 the application of subsection (5) of that section the reference therein to the clerk of the court at the place where the examination of witnesses is to commence or continue shall be construed as a reference to the registrar of the court to which the person has been committed for trial or sentence. 33. Procedures of Mental Health T ribunal . (1) When the matter of a person's mental condition has been referred to it the Mental Health Tribunal- (a) shall inquire and determine whether the person was, at the time the alleged offence was committed, suffering from unsoundness of mind; (b) if the person is alleged to have committed the offence of murder and the Mental Health Tribunal finds that at the time the alleged offence was committed the person was not suffering from unsoundness of mind, shall inquire and determine whether the person was, at the time the alleged offence was committed, suffering from diminished responsibility; (c) if the Mental Health Tribunal finds that the person was not suffering from unsoundness of mind, shall inquire and determine whether the person is fit for trial. (2) If in a reference made to it the Mental Health Tribunal is of the opinion that the facts are so in dispute that it would be unsafe to make a determination such as is referred to in provision (a) or (b) of subsection (1), it shall refrain from making the determination but shall inquire and determine whether the person in question is fit for trial. (3) Where the Mental Health Tribunal- (a) pursuant to subsection (1), (i) finds that a person alleged to have committed an indictable offence was not suffering from unsoundness of mind at the material time; and (ii) finds that the person is fit for trial; or (b) pursuant to subsection (2), finds that a person alleged to have committed an indictable offence is fit for trial, it shall order that proceedings be continued according to law against the person in respect of the charge. (4) Where the Mental Health Tribunal makes an order referred to in subsection (3) in relation to any person- (a) it shall cause notice thereof to be given to the Under Secretary, Department of Justice, who shall notify- the Director, the Commissioner of Police, the clerk of the court at the place where an examination of witnesses in relation to the indictable offence with which the person is charged is to be taken or, as the case may be, the registrar of the court to which the person has been committed for trial or sentence, any other person prescribed ; and

750 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 (b) may remand the person in custody or on bail or order that, until the person is brought before a court or justices for continuation of proceedings, he be detained in a security patients' hospital or other hospital. (5) An order made by the Mental Health Tribunal as referred to in provision (b) of subsection (4) is lawful authority to all persons concerned to deal with the person to whom the order relates in accordance with the order. (6) Where the Mental Health Tribunal has remanded a person on bail pursuant to subsection (4) the bail shall be deemed to have been granted under the Bail Act1980-1984 and the provisions of that Act shall apply to and in connexion with that grant of bail. 34. Procedure upon finding of unfit for trial . (1) If, pursuant to section 33 the Mental Health Tribunal finds that a person is not fit for trial- (a) it shall order that the person be detained as a restricted patient under this Part in a security patients' hospital or in some other hospital; (b) a Patient Review Tribunal shall review the mental condition of the person in relation to his fitness for trial at least once in every three months for a period of 12 months commencing on the day on which the Mental Health Tribunal made its order for the person's detention; (c) at the termination of the period of 12 months a Patient Review Tribunal shall determine the likelihood of the person being fit for trial within a reasonable time. The order of the Mental Health Tribunal made under this subsection is lawful authority to all persons concerned to detain the persons to whom the order relates in accordance with the order. (2) If, pursuant to subsection (1) a Patient Review Tribunal finds that a person is fit for trial it shall give its report thereon to the Minister for Justice who may order that proceedings be continued against the person, and such order shall be complied with. (3). If,- pursuant to subsection (1), a Patient Review-Tribunal finds that it is unlikely that a person will be fit for trial within a reasonable time it shall give its report thereon to the Minister for Justice who shall submit the report together with his recommendation as to the continuance or discontinuance of proceedings against the person to the Governor in Council who, having regard to the report, the recommendation and any other material that he considers relevant, may- (a) order that such proceedings be discontinued forthwith; or (b) defer the question of continuance of the proceedings against the person for a period not exceeding six months and may, thereafter, defer that question for any period or periods not exceeding six months at any time, and an order such as is referred to in paragraph (a) shall be complied with.

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 751 (4) Where the Governor in Council has deferred the question referred to in subsection (3) a Patient Review Tribunal shall review the mental condition of the patient and shall give its report thereon to the Minister for Justice who shall submit the report together with his recommendation as to the continuance or discontinuance of proceedings against the person to the Governor in Council prior to the expiration of the period for which the question is deferred. (5) Where the Governor in Council has deferred the question referred to in subsection (3) he may at any time- (a) order that proceedings against the patient in question be discontinued forthwith; or (b) if a Patient Review Tribunal has reported that the patient is fit for trial, order that proceedings against him be continued, and such order shall be complied with. (6) The exercise of a power or the performance of a duty that is conferred or imposed on the Minister for Justice by any provision of this section and that is consequent upon a finding of a Patient Review Tribunal is subject to there being no appeal duly instituted to the Mental Health Tribunal against the finding. 35. Consequences to person to whom findings of Mental Health Tribunal or O rder in Council relate. (1) Where pursuant to section 33 (1) the Mental Health Tribunal- (a) has found that a person charged with an offence was, at the time the alleged offence was committed, suffering from unsoundness of mind; or (b) has found that a person charged with an offence is not fit for trial, the person to whom the finding relates shall, unless in the case of a finding of unsoundness of mind it is overturned upon an appeal duly instituted under section 43A, be liable to be detained as a restricted patient under this Part. (2) Where pursuant to section 34 the Governor in Council has ordered that proceedings against any person be discontinued the person shall be liable to be detained as a restricted patient under this Part. (3) If within three years after the date on which the Mental Health Tribunal has, pursuant to section 33 (1), found that a person charged with an offence is not fit for trial, the Governor in Council has not determined the question of continuance or discontinuance of proceedings against the person, the proceedings shall be and be deemed to be discontinued and further proceedings shall not be taken against the person in respect of the act or omission constituting the offence to which the discontinued proceedings related and the person shall be liable to be detained as a restricted patient under this Part. 35A. Consequences to proceedings of findings of Mental Health Tribunal. Where pursuant to section 33 (1) the Mental Health Tribunal has found that a person charged with an offence was, at the time the alleged offence

752 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 was committed, suffering from unsoundness of mind or has found that a person charged with the offence of murder was, at the time the alleged offence was committed, suffering from diminished responsibility, then unless in either case the finding is overturned upon an appeal duly instituted under section 43A and unless the person found to have been suffering from unsoundness of mind takes appropriate action under section 43c to be brought to trial, proceedings against the person- (a) shall, in the case of a finding of unsoundness of mind, be discontinued and further proceedings shall not be taken against him in respect of the act or omission constituting the offence to which the discontinued proceedings related; or (b) shall, in the case of a finding of diminished responsibility, be discontinued in respect of the offence of murder but may be continued in respect of any other offence constituted by the act or omission to which the proceedings relate. 36. Review o f patient detained as restricted patient under this Part. Except where it is otherwise provided in this Part, where a patient is detained as a restricted patient under this Part- (a) his liability to be detained shall be reviewed by a Tribunal as if he had been admitted to hospital pursuant to Division II of Part III; (b) he shall not be released, including on leave of absence, unless a Tribunal has found that he can be released having regard to the interests of his own welfare and the protection of other persons; and (c) he shall not be transferred from one hospital to another unless a Tribunal or the Director, by writing under his hand, so orders. 37. Appeal against finding of Tribunal. (1) A person who is aggrieved by any order (other than a direction for examination of a patient), determination, finding, report or recommendation of a Patient Review Tribunal under this Part, being a person specified in subsection (2), may appeal to the Mental Health Tribunal against it. (2) The persons who may appeal pursuant to subsection (1) are- a Crown Law Officer; the patient concerned or his legal adviser or the patient's nearest relative; the Director. (3) An appeal to the Mental Health Tribunal pursuant to subsection (1) shall be instituted by way of application made within seven days from the date of the order, determination, finding, report or recommendation of the Patient Review Tribunal against which the appeal is to be made. The provisions of paragraphs (a) to (f) of section 15 (11) apply with respect to the making of an application that institutes an appeal pursuant to subsection (1) and with respect to an appeal duly instituted.

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 753 (4) The Mental Health Tribunal may hear and determine an appeal pursuant to subsection (1) whether the patient concerned is present before it or not. Every appeal shall be heard and determined by way of inquiry de novo by the Mental Health Tribunal. (5) Upon the determination of an appeal, the Mental Health Tribunal may make such finding and order as it considers should have been made by the Patient Review Tribunal and the finding and order so made shall be deemed to be the finding and order of the Patient Review Tribunal for the purposes of this Part and where necessary any determination, report or recommendation of the Tribunal shall be varied accordingly. The finding and order of the Mental Health Tribunal upon an appeal pursuant to subsection (1) shall be final and conclusive. 38. Persons mentally ill where sections 613 and 645 of The CriminalCode applicable . (1) Where a person charged with an indictable offence has, by reason of his having been found by a jury to be of unsound mind- (a) before the commencement of section 28 of the Mental HealthAct,Criminal Code and Health Act Amendment Act1984, been ordered by a court to be kept in strict custody in a place determined by the court until he is dealt with under the laws relating to insane persons; or (b) after the commencement of section 28 of the Mental HealthAct, Criminal Code and Health Act Amendment Act1984, been ordered by a court to be kept in strict custody in a place determined by the court until he is dealt with pursuant to the provisions of this Act, or has been ordered by a court, whether before or after the commencement of section 28 of the Mental Health Act, Criminal Code and Health ActAmendment Act1984 to be kept in custody in a place determined by the court until he can be dealt with according to law, or where in such circumstances some other order to the like effect has been made by a court the Minister may- (c) in the case of a court order made before the commencement of section 28 of the Mental Health Act, Criminal Code and HealthAct Amendment Act1984, where the patient is not in a security patients' hospital, order as soon as is practicable after the commencement of that section that the patient be admitted to a security patients' hospital; (d) in the case of a court order made after the commencement of section 28 of the Mental Health Act, Criminal Code and HealthAct Amendment Act1984, where the patient is not in a security patients' hospital, order as soon as is practicable after the making of the court order that the patient be admitted to a security patients' hospital. A patient admitted to a security patients' hospital under an order referred to in paragraph (c) or (d) of this subsection shall be detained as a restricted patient under this Part.

754 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 (2) Every order made by the Minister under subsection (1) shall be given effect according to its tenor and shall be lawful authority- (a) for a member of the police force or for any person named for the purpose therein to convey the patient to the security patients' hospital; and (b) for the hospital administrator of the security patients' hospital to admit and detain the patient for treatment. (3) Where, pursuant to section 613 or 645 of The Criminal Code, a court makes an order referred to in subsection (1), the registrar of the court shall give notice of the order in the prescribed form to the Under Secretary, Department of Justice, and to the Director as soon as is practicable after it is made and in any case within seven days after it is made. (4) The Director shall arrange for every person in relation to whom an order is made under section 613 or 645 of The Criminal Code to be examined by a psychiatrist who, in making his examination, shall have regard to the matters referred to in or prescribed for the purposes of section 30 (1), subject to any reference to complaint or in relation to complaint being construed as a reference to charge. (5) Within such time or times as are prescribed the psychiatrist shall forward to the Director a report on his examination of the patient and the Director, having regard to that report and to the matters to which the psychiatrist is required by subsection (4) to have regard in making his examination, shall give his report to the Minister for Justice and shall furnish to that Minister a copy of the report by the psychiatrist, and shall refer the matter to a Patient Review Tribunal. (6) In respect of a matter referred to it under subsection (5) the Tribunal may direct to be made such psychiatric, medical and other examinations of the patient as it thinks fit, and having regard to the findings upon such examinations (if any) and to the matters to which a psychiatrist is required by subsection (4) to have regard in making his examination of the patient and to any other information that it considers relevant shall give its report to the Minister for Justice. (7) The Minister for Justice shall, subject to there being no appeal duly instituted to the Mental Health Tribunal against the findings of the Tribunal, submit the report he receives from a Patient Review Tribunal to the Governor in Council and in relation thereto shall recommend whether the patient should or should not be tried for the offence with which he is charged. Such recommendation shall be made to the Governor in Council within three months of the making of the court order in relation to the patient under section 613 or 645 of The Criminal Code or within three months of the commencement of section 28 of the Mental Health Act,Criminal Code and Health Act Amendment Act1984, whichever is the later event.

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 779 duly admitted, is an inmate and is receiving treatment for mental illness ) as being, in the opinion of a psychiatrist, mentally ill and incapable of managing his estate; " property includes real and personal property of every description or kind whatsoever, any estate or interest therein, any debt, any thing in action and any other right or interest whether legal or equitable (including, without prejudice to the generality of the foregoing, rights as to rescission, avoidance or restitution); " Protected Person " means a person who or whose estate (in whole or in part) is the subject of a Protection Order or a Certificate of Disability under Part VI of the Public TrusteeAct1978-1981; " Public Trustee " means The Public Trustee of Queensland constituted under the Public Trustee Act1978-1981; " stock " includes stock (whether debenture, inscribed or other), shares, debentures, units and notes (secured or unsecured) and other like investments. 2. Ge neral function of the Public Trustee in relation to the estate of a patient . ( 1) Subject to this Schedule , the Public Trustee shall , without further or other authority , manage the estate of every person who is a patient except where the Court otherwise directs. (2) The Public Trustee shall supervise and enforce the performance of the obligations and duties of all Committees of mentally ill persons whether appointed before or after the commencement of the Mental Health Serrices Act 1974. 3. Particulars to be furnished to Public Trustee. (1) Within fourteen days of a person admitted to a hospital, psychiatric hospital, training centre or other place referred to in section 16 of this Act becoming a patient, the hospital administrator shall cause to be given to the Public Trustee- (a) the name of the patient and his age; (b) copies of medical certificates relating to his admission; (c) the names and particulars of the places of residence of his nearest relative or nearest relatives. (2) Every hospital administrator and official visitor shall communicate to the Public Trustee all particulars that may come to his knowledge respecting the property of any patient and, if the hospital administrator or official visitor has reason to believe that the property of any patient is not duly protected, or that the income thereof is not duly applied for his maintenance or benefit, the hospital administrator or official visitor shall report thereon to the Minister as well as to the Public Trustee. 4. Committee . ( 1) The Court may, on application of the Public Trustee or any other person, appoint the Public Trustee or any other person or persons as the Committee of the estate of any patient.

780 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 (2) Where it is proved to the satisfaction of the Court that a person is mentally ill and incapable of managing his estate , the Court may- (a) make a declaration to that effect; (b) direct a reference to the Public Trustee to make enquiries concerning the property of the person; and, (c) if necessary, appoint a Committee of his estate and, where the Court considers it desirable to do so, in addition, or in the alternative , a Committee of his person. (3) The Court may at any time, on the application of the Committee, or of the Public Trustee, or of any other person appearing to the Court to have a proper interest, on proof that there is good cause for doing so, appoint any person or persons as the Committee of the estate or person in lieu of the Committee previously appointed and may discharge the Committee previously appointed from further acting as such and may make all further orders necessary to give proper effect to such appointment and discharge. ( 4) The commission de lunatico inquirendo is abolished. (5) The Court shall not appoint any person other than the Public Trustee as the Committee of the estate of any person unless the Court finds that there is sufficient reason why such person should be so appointed in preference to the Public Trustee. 5. Application to be by petition. (1) Applications to the Court for the appointment of a Committee shall be by petition supported by affidavit. (2) Copies of the petition and affidavit shall be served in the prescribed manner upon the person alleged to be mentally ill and incapable of managing his estate , upon the Public Trustee (unless he is the petitioner) and upon any other person whom the Court may direct to be served. It shall not be necessary to serve any person by reason only of the relationship of that person to the person alleged to be mentally ill. (3) (a) An application to the Court for the appointment of a person other than the Public Trustee as Committee of the estate of the person the subject of the application shall be made to the Court within six months after the person the subject of the application has been first examined and found by a medical practitioner to be mentally ill and incapable of managing his estate or within such further period as the Court may allow in a particular case. (b) The Public Trustee shall be entitled to be heard on any such application and his costs ( including the costs of obtaining such reports as he deems desirable ) shall be allowed to the Public Trustee out of the estate of the person in respect of whom the petition is made. 6. Termination of management . (1) (a) The authority of the Public Trustee to manage the estate of a patient shall cease- (i) when the patient dies and the Public Trustee receives notice thereof as prescribed;

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 781 (ii) when a Committee, not being the Public Trustee, of the estate of the patient is appointed; (iii) when the Court or a Tribunal so orders; (iv) in the case of a patient referred to in section 55 of this Act, not more than fourteen days after the Public Trustee is notified by the designated medical practitioner that the patient is able to manage his estate; or (v) when the Public Trustee is sooner satisfied that the patient is able to manage his estate. (b) The Court or a Tribunal may order that the authority of the Public Trustee to manage the estate of a patient shall cease if, on application by the patient or any other person appearing to the Court or Tribunal to have a proper interest, it is proved to the satisfaction of the Court or Tribunal that the patient is capable of managing his estate: Provided that a Tribunal shall not hear any application in relation to a patient- (i) in respect of whom an application has previously been made to the Court and has been disposed of or is still pending or in respect of whom the Court has previously appointed a Committee or made a declaration that the patient is mentally ill and incapable of managing his estate; or (ii) if a period of less than twelve months has elapsed since a previous application in respect of that patient has been dealt with by a Tribunal. (2) (a) The Court may at any time, on the application of the patient, or of the Committee, or of any other person appearing to the Court to have a proper interest, on proof that a patient of whose estate or person a Committee has been appointed is capable of managing his estate, make a declaration to that effect and discharge any Committee of his estate or person from acting further as such. (b) Unless the Court has discharged a Committee from acting further as such, any Committee appointed shall continue in office until the patient of whose estate he is or they are the Committee dies. (3) Where the Court has made an order that the authority of the Public Trustee to manage the estate of a patient should cease or has declared that a patient is capable of managing his estate and discharged the Committee of his estate, the Court may make all further orders necessary to give effect to such order or declaration and to release the estate of the person concerned from the management of the Public Trustee or from the control of the Committee. 7. Persons found mentally ill in places beyond the State . When the Court is satisfied upon the report of the Public Trustee or otherwise that any person has been found to be mentally ill and incapable of managing his estate (whether by that verbal formula or otherwise) by any competent court or commission in any place outside Queensland, the Court may appoint the Public Trustee or any other person or persons a

782 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 Committee of such first mentioned person's estate or person, or both, and may give such other orders in respect of the management of his estate or person as it may consider necessary. 8. Order in protective jurisdiction in reciprocating State to be effective in Queensland on being resealed . (1) In this clause-" reciprocating State " means any State, country or territory which has been declared to be a reciprocating State by a Proclamation made under clause 40 of the Third Schedule to The Mental Health Acts, 1962 to 1964 or clause 41 of this Schedule, repealed by the Public Trustee Act1978, or clause 41 of this Schedule, repealed by the Mental Health Act, Criminal Code and Health Act Amendment Act 1984, or which has been declared to be a reciprocating State by a Proclamation made under this clause. (2) If at any time the Governor in Council is satisfied that the laws in force in any State, country or territory outside Queensland are such as to enable powers to be exercised in that State, country or territory in the case of patients residing in Queensland substantially similar to the powers conferred by subclause (3) in the case of persons who are mentally ill (which expression includes persons of unsound mind and lunatics) and residing in that State, territory or country, the Governor in Council may, by Order in Council, declare that State, territory or country to be a reciprocating State for the purposes of this clause. (3) When an order or declaration made by a court of competent jurisdiction under the laws of a reciprocating State in the exercise of its protective jurisdiction (or jurisdiction in lunacy or by whatever other name called) is produced to and a copy thereof is deposited with the Registrar of the Supreme Court of Queensland, the order or declaration shall, upon payment of such fees and duties as are prescribed, be sealed with the seal of the Supreme Court and shall have the same force, effect and operation, and every person acting thereunder shall have and may exercise the same powers and shall perform the same duties and be subject to the same liabilities in Queensland, as if such order or declaration had been made by the Court: Provided that a person other than the Public Trustee appointed by such an order or declaration shall not act thereunder after it has been so sealed until his appointment has been confirmed by the Court; and the Court may confirm the appointment, or may confirm it upon such terms as the Court thinks fit or may refuse to confirm it. (4) This clause applies to such orders and declarations as are referred to in subclause (3) whether made before or after the commencement of the Mental Health Services Act 1974. (5) Nothing herein shall limit the operation of clause 7. 9. Supervision of Committee. (1) No person other than the Public Trustee shall be appointed as the Committee of the estate of any person in pursuance of this Act nor shall the appointment of any person pursuant to clause 7 be confirmed until he has given to the Public Trustee such security as the Court directs and approves for the due management of the estate.

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 783 (2) Such security may be a bond, with or without a surety or sureties, or such other security as the Court directs and approves. (3) The Court may at any time, on the application of the Public Trustee, require the Committee to give to the Public Trustee further or other security for the due management of the estate. (4) The Court may at any time give leave to the Public Trustee to enforce any such security and the Public Trustee shall thereupon proceed by action or otherwise to enforce the same accordingly. All moneys received by the Public Trustee pursuant to this subclause shall be deemed part of the estate of which the person who gave the security is or was the Committee, and all costs and expenses so incurred by the Public Trustee shall be paid out of the said estate. (5) The Public Trustee may commence or institute proceedings against such Committee for any breach of duty and may apply to the Court ex parte for an injunction to restrain any such breach or any threatened breach of duty. 10. Statement as to estate to be rendered to Public Trustee. (1) It shall be the duty of every person, other than the Public Trustee, who has been appointed the Committee of the estate of any person in pursuance of this Act, or who has had his appointment in regard to the estate of any person confirmed pursuant to clause 7, to render to the Public Trustee, at such times and in such form as the Public Trustee requires, a statement showing the property comprised in the estate and the manner in which that property has been managed and applied and the condition of that property and such other particulars relating to the said estate as are required by the Public Trustee. (2) Every such statement shall be verified by the affidavit of the Committee and, where the Public Trustee so directs, shall be supported by vouchers. (3) If any Committee fails or refuses to render any such statement verified as aforesaid in the manner and at the times so required every member of such Committee shall thereby commit an offence against this Act and shall be liable to a penalty not exceeding $1 000 for every such offence. (4) The Public Trustee may cause any such statement or the accounts relating thereto to be examined and reported upon by any person appointed by him in that behalf and the costs of such examination and report shall be payable out of the estate to which the statement or account relates by the Committee to the Public Trustee. 11. Percentage of moneys in hand of Committee to be paid to Public Trustee. (1) When any person other than the Public Trustee is appointed the Committee of any estate in pursuance of this Act, there shall be payable out of that estate by the Committee thereof to the Public Trustee, at such times as the Public Trustee directs, a sum calculated at the rate of one per

784 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 centum or at such other rate as the Court may determine on all moneys collected by or coming under the control of the Committee and forming part of the estate. (2) All moneys so paid to the Public Trustee shall form part of the Public Trustee's account. 12. Reference to Court by Pu blic Trustee . The Public Trustee may file a report in the Court in respect of any question arising in regard to the management by a Committee of an estate and the Court may: (a) receive the report in evidence and have regard to the matters contained therein; (b) require the Committee to appear before it; and (c) make any order that, in the circumstances, it considers desirable. 13. Effect of appointment of Committee. (1) Where a person other than the Public Trustee has been appointed as the Committee of the estate of a patient under this Act, the Committee shall, subject to any order of the Court, by virtue of such appointment, be authorized to- (a) take possession of and control and manage all the property of the patient; (b) pay debts and other obligations of the patient; (c) demand, receive and recover all moneys payable or belonging to the patient; (d) let any property of the patient for any period not exceeding twelve months; and (e) do such other things as the Court in the order appointing the Committee or subsequently may direct: Provided that the Committee shall not dispose of property, incur any liability or expend any money of the patient (other than by investment in funds in which by law trustees are authorized to invest) where, at any one time, the value of the share or interest of the patient in the property to be disposed of, the liability to be incurred or the amount to be expended exceeds $20 000 without the specific authority of an order of the Court in that particular matter. (2) The Court may, at the time of appointment of the Committee or from time to time thereafter, on the application of the Committee, the patient or any other person appearing to the Court to have a proper interest, give such directions to the Committee as the Court considers desirable, including general directions as to what powers shall or shall not be exercised by the Committee or specific directions as to any particular matter. (3) Without prejudice to the generality of subclause (2) the powers of the Court under this clause extend to giving directions calculated to provide for or achieve the following purposes:- (a) the maintenance or benefit of the patient;

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 785 (b) the maintenance or benefit of other persons (whether relatives of the patient or not) for whom a reasonable person, not a patient but otherwise in the position of the patient, might be expected to provide; and (c) any purpose which a reasonable person, not a patient but otherwise in the position of the patient, might be expected to seek to achieve, and for the reimbursement, with or without interest, of any person for any expenditure incurred for any of those purposes. (4) The patient shall be incapable, without the leave of the Court, of making any transfer, lease, mortgage or other disposition of his property, or any part thereof, or of entering into any contract (other than for necessaries) affecting the same and every such transfer, lease, mortgage or contract, made without such leave, shall be voidable by the patient or by the Committee on his behalf. (5) The Court may, by order, give leave to the patient to make any transfer, lease, mortgage, or other disposition of his property or of any part thereof or to enter into any contract, if the Court is satisfied that such transfer, lease, mortgage, disposition or contract is for his benefit and that he consents thereto with adequate understanding of the nature thereof. (6) Nothing in this Schedule shall affect the law relating to the validity of wills or other testamentary dispositions. (7) Nothing in this Schedule shall invalidate any contract, transfer, lease, mortgage or other disposition entered into or made by a patient if the other party thereto proves that he acted in good faith and for valuable consideration and without knowledge that a Committee of the patient's estate had been appointed. (8) Except as expressly provided by this clause, nothing in this Schedule shall affect any other provision of law rendering void or voidable any contract, transfer, lease, mortgage, or other disposition of property entered into or made by a patient. 14. Transfer of stock of patient . (1) Where any stock is standing in the name of or is vested in a patient beneficially entitled thereto, or is standing in the name of a Committee of the estate of a patient in trust for him, or as part of his property, and the Committee dies intestate, or himself becomes mentally ill, or is out of the jurisdiction of or not amenable to the process of the Court, or it is uncertain whether the Committee is living or dead, or he fails to transfer the stock, and to receive and pay over the dividends or income thereof to a new Committee for a space of fourteen days after a request in writing for that purpose made by the Public Trustee or a new Committee, the Court may order some fit person to transfer the stock to the name of the Public Trustee or a new Committee or otherwise, and also to receive and pay over the dividends or income thereof or such sum or sums of money, and in such manner, as may be ordered by the Court.

786 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 (2) Where any stock is standing in the name of or vested in a person residing out of Queensland, the Court, upon proof to its satisfaction that a declaration or order to the effect that such person is a mentally ill person has been made according to the laws of the place where he is residing and that his personal estate has been vested in a Public Trustee or other person appointed for the management thereof according to the laws of that place, may order some fit person to make such transfer of the stock to the name of such Public Trustee or other person appointed as aforesaid, or otherwise, and also to receive and pay over the dividends or income thereof, as may be ordered by the Court. (3) A Court order made pursuant to this clause is lawful authority for the person to whom it is directed to do all such acts as are referred to in the order and all persons concerned shall do all such acts as are necessary to give effect to the order. 15. Court may order provision made out of estate where property sold, etc. (1) Where any property of a patient who is deceased has been dealt with under this Schedule, The Mental Hygiene Act of 1938 or The Mental Health Acts, 1962 to 1964 (whether by sale, exchange, charging or other dealing with property other than money, the removal of property from one place to another, the application of money in acquiring property, the transfer of money from one account to another or otherwise howsoever) and, under his will or any codicil thereto or upon his intestacy, or by any disposition taking effect on his death, any other person would have taken an interest in his property but for such dealing, the Court may, in its discretion, and notwithstanding anything contained in any other Act or law or rule or practice or process of law, on application by or on behalf of the other person or his personal representative, order that such provision as the Court thinks fit (not exceeding, in the opinion of the Court, in value the benefit that the other person would have taken but for the dealing) shall be made out of the estate of the deceased patient for the other person or his estate. (2) The provisions of subsections (2) to (11) of section 41 and of sections 42, 43 and 44 of the Succession Act1981-1983 shall apply to any such application and any order made thereon as if such application were an application under Part IV of the said Act by a person entitled to make such application. (3) Nothing in this clause limits the operation of section 89 of the Public Trustee Act1978-1981. 16. Court may order costs . The Court may make such order as it thinks proper as to the costs, charges and expenses of and incidental to any proceedings authorized by this Schedule. 17. Adaptation of pre-existing provisions as to procedure . Where in any Act, Rule of Court or instrument reference is made to a commission of insanity, or to a writ in the nature of a writ de lunatico inquirendo, or to

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 787 any inquisition thereon, or to a traverse or supersedeas of any inquisition or commission , the proceedings hereby respectively substituted for them shall be taken to be intended by and comprehended in such reference.". 56. Amendm ent of Sixth Sch edule. The Sixth Schedule to the Principal Act is amended by- (a) omitting clause 12; (b) omitting clause 16 and substituting the following clause: " 16. Service an d proof of doc um ents. The manner in which any application, recommendation, report, order, notice or other document made under or for the purposes of this Act may be served and proved." 57. Increases in pec uniary penalties . The provisions of the Principal Act specified in the first column of the following Table are amended as indicated in the second column of that Table:- TABLE Section 58 : Wilfully making, or making Omit $400; insert $800 use of, false entry Section 59 (2): Ill-treatment of patient Omit $440 ; insert $800 Section 60: Assisting patients to absent Omit $400 where it twice themselves without leave occurs; insert $800 in each case Section 61: Obstruction Omit $200; insert $400 PART III-AMENDMENT OF CRIMINAL CODE 58. Amendment of s. 645. Accused Person Insane during Trial. Section 645 of The Criminal Code is amended by omitting from the first paragraph the words " laws relating to insane persons " and substituting the words " Mental Health Services Act 1974-1984 ". 59. Amendment of s. 647. Acquittal on ground of Insanity . Section 647 of The Criminal Code is amended by omitting from the first paragraph the words " until Her Majesty' s pleasure is known " and substituting the words " until he is dealt with pursuant to the Mental Health Services Act 1974-1984 ".

788 Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 PART IV-AMENDMENT OF HEALTH ACT 60. Citation . (1) In this Part the Health Act1937-1982 as amended by the Food and Health Acts Amendment Act 1984 is referred to as the Health Act. (2) The Health Act as amended by this Part may be cited as the Health Act1937-1984. 61. Amendment of s. 63. Interpretation . Section 63 of the HealthAct is amended by- (a) inserting after the definition " Licence " the following definition:- " Medical cases "-Includes cases of mental illness;"; It me(nbt)ailnntuhresed" efainnditisounb" stRituegtiinsgtetrheed enxuprrsees"s,ioonm" itptisnygchthiaetreixcpnruesrsseio"n. 62. Amendment of s. 64. Private hospitals to be licensed . Section 64 of the Health Act is amended by, in paragraph (c), omitting the words " the Mental Health Act1974-1978 " and substituting the words " the Mental Health Services Act 1974-1984 ". 63. Amendment of s. 66. Kinds of licences. Section 66 of the Health Act is amended by- (a) omitting the expression " mental nurse " where it occurs in pItaprsaygcrhaipathrsic( neu)rasne d" ; (f) and substituting in each case the expression (b) omitting the second proviso and substituting the following proviso " Provided further that, in the case of a combined general private and maternity hospital, where the nurse (being the holder of the licence or the person employed in charge) is registered as a general nurse only, there shall be employed in the hospital a registered midwifery nurse and the services of a registered midwifery nurse shall be retained therein for such time as maternity cases are being treated in the hospital; where the nurse (being the holder of the licence or the person employed in charge) is registered as a midwifery nurse only, there shall be employed in the hospital a registered general nurse and the services of a registered general nurse shall be retained therein for such time as medical or surgical cases (other than cases of mental illness) are being treated in the hospital;

Mental Health Act, Criminal Code and Health Act Amendment Act 1984, No. 66 789 where the nurse (being the holder of the licence or the person employed in charge) is not registered as a psychiatric nurse, there shall be employed in the hospital a registered psychiatric nurse and the services of a registered psychiatric nurse shall be retained therein for such time as cases of mental illness are being treated in the hospital."