Mental Health Act of 1962 (Qld)

785 @ueenslnnb ANNO UNDECIMO EUZABETHAE SECUNDAE REGINAE I I e I I I I I I I I t I I I I I I I I I I I I t I I I I I I I I t • I I I I I I I I I I I I I I I I No. 46 of 1962 An Act to Make New Provision with respect to the Treatment and Care of Mentally ID Persons and with respect to their property and affairs; and for pul'poses connected with these matters [ASSENTED TO 28TH DECEMBER, 1962] B E 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 !.-PRELIMINARY I. (1) TI--Js Act may be cited as "The Mental short title HealthAct of 1962." shall( 2c) omEexcienptto aospehrearteioinn ootnhearwdiasete ptroovbiedefdix, edthibsy Athcet : co : ~ 0 ~ • ~: 15 Governor in Council by Proclamation published in the Gazette. 26

786 Mental Health Act of 1962, No. 46 Arranaement of this Ac:t 2. This Act is arranged as follows :- PART 1.-PRELIMINARY; PART 11.-AoMINISTRATION; PART 111.-AoMISSION OF PATIENTS TO HOSPITALS GENERALLY; Division [.-Informal Admissions; Division 11.-Regulated Admissions; Division III.-Admissions under Hospital Orders; PART IV.-PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS, &c.; PART V.-TRANSFER AND DISCHARGE OF PATIENTS, &c.; PART VI.-MISCELLANEOUS AND GENERAL; SCHEDULES. Sevcrability 3. This Act, including every Proclamation, Order in Council, regulation, and rule hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, regulation, or rule hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. Repeals Schedule I. 4. (1) The Acts set forth in the First Schedule to this Act (hereinafter referred to as " the repealed Acts ") are repealed to the extent in that Schedule indicated. Amendments Schedule JI. (2) The Acts set forth in the Second Schedule to this Act (hereinafter referred to as " the amended Acts ") to the extent thereby expressed to be amended are amended accordingly. Saying., (3) Without limiting the operation of " The Acts Interpretation Acts, 1954 to 1962 "- (a) unless otherwise provided by this Act, all persons who immediately prior to the commencement of this Act held office under the repealed Acts shall be deemed to have

Mental Health Act of 1962, No. 46 been appointed to their respective offices under and for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively in terms of their appointment without further or other appointment under this Act; (b) all private mental hospi~s licensed as such immediately prior to the commencement of this Act shall without further authority be deemed, subject to the license in question remaining in force, to be licensed hospitals for the purposes of this Act, and all licenses in force immediately prior to the commencement of this Act in relation to those hospitals shall continue for the purposes for which they were issued and subject to the relevant provisions, terms, and conditions as if the amended Acts had not been amended by the Second Schedule to this Act; (c) subject to subsection (4) of this section and section sixty-five of this Act, all proceedings initiated, pending, or part heard under the repealed Acts shall be continued, if practicable as if such proceedings had been taken or initiated under this Act, but if it is not practicable so to apply this Act, then such proceedings shall continue according to the provisions of the repealed Acts which shall for that purpose be deemed to continue in force notwithstanding the repeal thereof; (d) no proceedings or acts or things done or contracts or arrangements made under the repealed Acts shall be invalidated, prejudiced, or otherwise affected by such repeal; (e) unless otherwise expressly provided, every Proclamation, Order in Council, regulation, rule, register, book, record, order, notice, arrangement, consent, application, determination, declaration, certificate, approval, and act of authority whatsoever kept, made, given, issued, done, or otherwise originated under the repealed Acts and subsisting immediately prior to the commencement of this Act shall, so far 787

788 Mental Health Act of 1962, No. 46 as it is consistent with this Act, continue for the purposes of this Act in force, but subject to this Act, as fully and effectually as if it had originated under the provisions of this Act (and shall, where necessary, be deemed to have so originated); (/) the care, protection, administration, and management of the estate or any part of the estate of any person which immediately prior to the commencement of this Act was exercised by the Public Curator, or a committee of the estate of such person, or a guardian, receiver, or other person, under the repealed Acts, may continue to be exercised by the Public Curator, committee, guardian, receiver, or other person as aforesaid so far as practicable under and subject to the provisions of this Act, but if in any case it is not so practicable, then under and subject to the provisions of the repealed Acts which shall for that purpose be deemed to continue in force notwithstanding the repeal thereof; (g) all persons ordered to be removed to any hospital, clinic, or other place whatsoever, or lawfully in custody or detained under any of the provisions of Part VII. of the repealed Acts or under ·• The Prisons Act of 1958 " immediately prior to the commencement of this Act shall without other authority continue to be lawfully in custody or detained under and subject to " The Prisons Act of 1958 ", and shall be deemed to be in legal custody; (h) where in any other Act or law or rule- (i) reference is made to " a person of unsound mind ", or to an " insane person ", or to " a person not of sound mind ", or to " a lunatic ", or to any like term or expression, such reference shall where necessary for the purpose of applying this Act be read as a reference to a patient within the meaning of this Act; (ii) reference is made to a "mental hospital," such reference shall be deemed to be a reference to a special hospital under and for the purposes of this Act.

Mental Heal.th Act of 1962, No. 46 789 (4) The transitional _provisions set out in section Trall:li~onal sixty-five of this Act shall have effect for the purposes prov1S1ons of the transition to the provisions of this Act from the law in force in relation to certain classes of patients before the commencement of this Act. indic5at.es (1 o ) rInreqtuhiirses, Atchte, fuonliloewssingthetercmosntsehxatll ohtahveerwtihsee O ~~ e i n n n g s s meanings respectively assigned to them, that is to say:- " Authorised person "-In relation to a patient,- Authorised (a) a person who is appointed in writing to penon act as an authorised person under and for the purposes of this Act by the patient if he is capable of mal-ing and v:illing to make such an appointment, or, if he is not so capable and willing, by the nearest relative; or (b) a person who is appointed to act as such under and in accordance with the regulations; or (c) a person as prescribed; " Director "-The Director of Psychiatric Services Director appointed or deemed to be appointed under and for the purposes of this Act: The term includes any person who for the time being occupies the office or performs the duties of the Director; " Hospital "-A private hospital, a pubiic hospital, Hospital or a special hospital: The term does not include a security patients hospital; ~~t~tra- " Hospital administrators "-In relation to- {a) a private hospital, the person or persons ton who keep or manage that hospital; (b) a public hospital, the Hospitals Board or committee, as the case may be, which controls or manages that hospital; (c) a special hospital, the medical superintendent or other person charged with the control of that hospital; " Medical practitioner "-A medical practitioner Medif-' 1 or a specialist within the meaning of section pract• •oner four of" The J.ledical Acts, 1939 to 1958 ";

790 Medical treatment Minister Minister for Justice Part Patient Place or safety Police station Prescribed Prison Private hospital Public hospital Responsible medical practitioner Mental Health Act of 1962, No. 46 " Medical treatment "-Includes surgical treatment, and also care and training under medical supervision; " Minister "-The Minister for Health and Home Affairs or other Minister of the Crown for the time being charged with the administration of this Act; "Minister for Justice "-The Minister for Justice or other Minister of the Crown for the time being occupying the office or performing the duties of the Attorney-General; " Part "-Part of this Act, including where necessary, all Proclamations, Orders in Council, regulations, and rules, if any, made or deemed to be made for the purposes of the Part; "Patient "-A person suffering or appearing to be suffering from mental iilness; " Place of safety "--Any hospital, police station, or prison, or any other suitable place the occupier of which is willing temporarily to receive the patient; " Police station "-Includes a police office, watchhouse, and lock-up; "Prescribed "-Prescribed by this Act or by any regulation or rule made under this Act; " Prison "-A prison within the meaning of " The Prisons Act of 1958 "; " Private hospital "-A private hospital or a nursing or other home within the meaning of Division XI. of Part III. of" The Health Acts, 1937 to 1960," in relation to which a license under that Division XI. is in force; " Public hospital "-A hospital within the meaning of "The Hospitals Acts, 1936 to 1962," and being either a hospital in relation to which Part III. of those Acts applies or a voluntary hospital within the meaning of those Acts; " Responsible medical practitioner "-In relation to a patient liable to be detained in a hospital or other place whatsoever by virtue of an application, order, or direction under this or any other Act, the medical practitioner for

Mental Health Act of 1962, No. 46 791 the time being in charge of the treatment of the patient, but where the regulations define who shall be deemed to be the responsible medical practitioner in relation to all or any classes of patients, then, in relation to a patient to whom those regulations apply, the medical practitioner so defined; " Schedule "-Schedule to this Act, including, Schedule where necessary, all Proclamations, Orders in Council, regulations, and rules, if any, made or deemed to be made for the purposes of the Schedule; " Security patients' hospital "-A security patients' Sec~t~ hospital within the meaning of " The Prisons h~~;~:i Act of 1958 "; " Special hospital "-An institution or premises ~pee~ established or deemed to have been osp, established under this Act as a special hospital; " Stipendiary magistrate "-Includes an acting StiPC?ndiary stipendiary magistrate as well as two or more mag1Stratc justices where under this Act such justices may exercise the powers of a stipendiary magistrate; " Treatment "-In relation to any patient, includes Treatment any form of treatment, including medical treatment, and care and, where necessary, training, education, supervision, social rehabilitation, help, and advice; " Tribunal "-A Mental Health Review Tribunal Tribunal constituted under section fourteen of this Act; "Welfare "-In relation to a patient, health Welfare or safety or both. (2) (a) Where in this Act any period of time dating Rrko_~g from a given day, act, or event is prescribed or allowed ~r ~~e, k:. in relation to the detention of a patient or for any other purpose whatsoever, such period shall, unless otherwise expressly provided, be reckoned exclusively of such day, or of the day of such act or event, but inclusively of the day on which the patient is to be discharged from detention or the purpose is to be fulfilled.

792 Mental Health Act of 1962, No. 46 (b) For the purposes of this Act a person shall be deemed not to have attained any age referred to in this Act, until the commencement of the relevant anniversary of the date of his birth. References (3) Unless the context otherwise indicates or req·uires, every reference in this Act- (a) to a prescribed form shall be read as including any form to the like effect; (b) to a failure to do any act or thing, shall be read as including a reference to a refusal or neglect to do that act or thing; (c) to the" protection of other persons" or to the " protection of others " shall be read as including references to the " protection of another " and to the " protection of the public". Exercise of powers by hospital administra- tors (4) (a) Unless otherwise expressly provided by this Act, all or any of the functions and powers conferred by this Act on any hospital administrators may in any case be exercised by any person or persons authorised in writing in that behalf by the hospital administrators, and in addition, where the hospital administrators are a partnership consisting of more than three members, may be exercised by any three or more members thereof: Provided that this subsection shall not apply in a case where the hospital administrators mean the medical superintendent or other person charged with the control of a special hospital. (b) v'/here by this Act any document or writing is required or permitted to be given to or received by any hospital administrators then such document or writing shall be deemed to have been so given or received if it is give.c. to or received by the person for the time being in control of the hospital in question or other person as may be prescribed. Schedules (5) Without derogating from " The Acts Interpretation Acts, 1954 to 1962," the Schedules to this Act shall form part of this Act. Construction and application of this Act 6. This Act shall be construed and applied- (a) so that any private hospital is not compelled to admit any patient;

Mental Health Act of 1962, No. 46 (b) so as not to prevent any patient who requires care and treatment for mental illness from receivmg the same in pursuance of arrangements made in that behalf and, subject to considerations for the patient's own welfare or the protection of others, with no more restriction of liberty or legal formality than is applied to feople who need care and treatment because o other types of illness, disability, or social difficulty; and (c) so that in the case of any patient the compulsory powers relating to detention conferred by this Act are exercised for the purposes only of the patient's own welfare or the protection of others. 793 PART Il.-ADMINISTRATION 7. This Act shall be administered by the Minister General and, sub~ . ect to the M' mi·ster, b y the Di' rector- General ofatdiomnino i r stthrais- Health and Medical Services (m this Act referred to as Act " the Director-General "), and, subject as aforesaid, by the Director. 8. The Director-General shall annually (in Annual accordance with any determination by the Minister as to report the time of the furnishing thereof) make and furnish to the Minister a report on his administration under this Act, and such report shall be laid before Parliament within fourteen sitting days after such publication if Parliament is in Session, and, if not, then within fourteen sitting days after the commencement of the next Session. 9. (I) The Director-General shall have and may P<?wers of exercise all such functions, powers, and duties as are g~~~;~{" conferred or imposed upon him by this Act. (2) Without limiting subsection (I) of this section, the Director-General may from time to time visit and inspect every hospital with or without previous notice and at any time of the day or night as he thinks fit, and may at any time make or cause to be made such inspections, investigations, and inquiries as he deems necessary for the purpose of administering this Act, and shall make or cause to be made such inspections, investigations and inquiries as are directed by the Minister or by this Act.

794 Mental Health Act of 1962, No. 46 (3) The Director-General, for the purpose of any inspection, investigation or inquiry made by him under this Act, shall have and may exercise all the powers, authorities, protection and jurisdiction of a commission of inquiry, as well as of a chairman and of a member of a commission of inquiry, under "The Commissions of Inquiries Acts, 1950 to 1954." Director of Psychiatric Services Director of 10. (1) The Governor in Council may from time SPesryvcihcieastric to time appoint under and for the purposes of this Act a Director of Psychiatric Services. First Director (2) The person who immediately prior to the commencement of this Act holds the office of Director of Mental Hygiene under the repealed Acts shall, without further appointment, be deemed to be and to have been appointed the Director of Psychiatric Services under and for the purposes of this Act. Co po fe w rtht e ae r i s n , &c., of th(is3)AWct, itthhoeuDt ilriemcittoinrgshtahlel hparvoevitshieonfus nocftiosnecs, tiopnowneirnse, Director and duties set forth in that section and the provisions of the said section shall, with all necessary adaptations, apply and extend with respect to the Director accordingly. d P bey o l w eDg e i r arteoicoftnor Mini 1 st 1 er . , TmhaeyDfirroemctorti, mweittho thtiemep,rioinr areplpartoiovnal toof atnhye matters or class of matters, or in relation to a particular part of the State, by instrument in writing under his hand, delegate all or any of his functions, powers, and duties under this Act as may be specified in the instrument (other than this power of delegation) so that the delegated functions, powers, and duties may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument. Where, by or under this Act, the exercise of a function or power or the performance of a duty of the Director is dependent on the opinion, belief, or state of mind of the Director in relation to any matter, that function or power may be exercised or the duty performed upon the opinion, belief, or state of mind of the person to whom it is delegated by an instrument of delegation under this section.

Mental Health Act of 1962, No. 46 795 Official Visitors to tim1e2.ap (1 p ) oiTnht, e inGorevleartnioonr tion aCnoyunhcoislpimtaalyorfroamny tpimaret v q ' s ~ ' i o a rs l of the State, two or more official visitors, one of whom shall be a medical practitioner, and one a barrister- at-law, a solicitor, a stipendiary magistrate, or person qualified to hold the appointment as a stipendiary magistrate. (2) Official visitors shall have such functions, powers, and duties as are or may be prescribed and all or any of such prescribed functions, powers, and duties may differ in relation to different official visitors appointed for the same hospital or part of the State. ry 13. (1) Any one or more of the official visitors VMit_s shall visit every hospital to which they may be appointed ~ si~ ~ ~ and every hospital which by the regulations they are required to so visit once at least in every month and shall make special visits concerning the administration of this Act or particular matters at such times as the Minister or the Director-General or Director may direct. Such visits may be made without previous notice and at such hours of the day or night as the official visitor or visitors making the same thinks or think fit, or as may be required by the person directing the visit. (2) A report shall be transmitted to the Director immediately after each visit by the official visitor or visitors who made the visit, except where the Minister or the Director-General has directed the visit, when such report shall be furnished direct to the Minister or the Director-General, as the case may be. (3) In addition to such other inquiries which he or they may make for the purposes of the administration of of this Act, an official visitor or official visitors shall make such inquiries as are prescribed. Mental Health Review Tribunals 14. (1) The Governor in Council may from time Me~thl to time by Order in Council divide or re-divide the State ~!!i!w into regions for the purposes of this section. Tribunals

796 Mental Health Act of 1962, No. 46 (2) For every region there shall be constituted a tribunal, to be called a Mental Health Review Tribunal (in this Act referred to as the " Tribunal "), for the purpose of dealing with applications and references by and in respect of patients under the provisions of this Act. (3) Each of the Tribunals shall consist of three or more members appointed by the Governor in Council,- (a) one of whom shall be a barrister-at-law, a solicitor, a stipendiary magistrate, or a person qualified to hold the appointment as a stipendiary magistrate; (b) one of whom shall be a medical practitioner; and (c) the other or others as the Minister considers suitable. (4) One of the members of each Tribunal shall be appointed by the Governor in Council as Chairman of the Tribunal. Provisions relating to Tribunals 15. (1) Where, under any provision of this Act, any application to the Tribunal is authorised to be made by or in respect of a patient, the application shall be made by notice in writing addressed to the Tribunal for the region in which the hospital in which the patient is detained is situated or in which the patient, where he is not an in-patient, is residing, and otherwise in accordance with the regulations in that behalf. (2) An application may be made to the Tribunal by or in respect of a patient as prescribed,, and where, under any provision of this Act, any person is authorised to make an application to a Tribunal within a specified period, not more than one such application shall be made by that person within that period: Provided that nothing in this section shall exclude or diminish the power of the Tribunal to make or cause to be made any inquiry in relation to (including any examination of) any patient or to make any recommendation as it considers necessary or desirable in the interests of the patient's welfare or for the protection of other persons.

Mental Health Act of 1962, No. 46 (3) The Minister may, if he thinks fit, at any time refer to any Mental Health Review Tribunal the case of any patient who is liable to be detained under this Act (other than under the provisions of Part IV. hereof). (4) (a) Where application is made pursuant to this Act to the Tribunal by or in respect of a patient who is liable to be detained under this Act (other than under the provisions of Part IV. hereof) the Tribunal may in any case, for any reason they think sufficient, refuse the application or, if they are satisfied- (i) that the patient is not then suffering from mental illness; or (ii) that it is not necessary in the interests of the patient's welfare or for the protection of other persons that the patient should continue to be liable to be so detained, may recommend to the Director that the patient be discharged from hospital. Every such recommendation shall contain the matter or matters as to which the Tribunal is so satisfied. (b) This subsection applies in relation to any reference to a Tribunal made by the Minister under this Act as it applies in relation to an application made to the Tribunal by or in respect of a patient, but in such a case the recommendation shall be made to the Minister. (5) With respect to any application, reference, or inquiry to or by a Tribunal under this Act, the Tribunal may admit, and proceed and recommend upon such information or evidence as it thinks sufficient, whether or not the same is admissible in any Court, and the persons serving as members of the Tribunal for the purposes of that application, reference, or inquiry, need not be present nor act together during the whole of its proceedings. (6) Without limiting the power to make regulations conferred by section sixty-one of this Act, regulations may be made under that section for conferring and 797

798 Mental Health Act of 1962, No. 46 imposing on Tribunals (including all or any members thereof) such powers and duties as may be considered necessary or desirable for the purpose of the exercise by such Tribunals of their functions and of- (i) providing a safeguard against the abuse of the compulsory powers of detention conferred by this Act in relation to patients received in hospitals; (ii) providing, subject in any case to the patient's own welfare and the protection of others, a safeguard against the use of the compulsory powers of detention conferred by this Act if suitable treatment and care can be provided without compulsion ; (iii) providing assistance for the administration of this Act in the interests of patients as well as for the protection of other persons; and (iv) carrying out the objects and purposes of this Act so far as Tribunals are concerned. Special hospitals 16. (I) The Governor in Council may from time to time cause to be established special hospitals. (2) The mental hospitals established or deemed to be so established under the repealed Acts shall, subject to subsection (4) of this section, continue as and shall be deemed to have been established as special hospitals under and for the purposes of this Act. (3) The special hospitals shall be administered by the Minister and, subject to the Minister, by the Director-General and, subject as aforesaid, by the Director. (4) The Governor in Council may from time to time declare that any special hospital or part of any special hospital shall cease to be a special hospital and may at any time vary or revoke any such declaration. Every such declaration shall have effect according to its tenor.

Mental Health Act of 1962, No. 46 799 PART III.-ADMISSION OF PATIENTS TO HOSPITALS GENERALLY Division /.-Informal Admission ofPatients 17. (1) Nothing in this Act shall be construed as I~fo~ preventing a patient who requires treatment for mental ~r ;!:!~~s illness from being admitted to any hospital in pursuance of arrangements made in that behalf and without any application, order, or direction rendering the patient liable to be detained under this Act, or from remaining in any hospital in pursuance of such arrangements after he has ceased to be so liable to be detained. Unless otherwise indicated by this Act, the hospital administrators may refuse to make arrangements to admit a patient to any hospital. (2) In the case of an infant who has attained the age of eighteen years and is capable of expressing his own wishes, any such arrangements as are mentioned in subsection (1) of this section may be made, carried out, and determined notwithstanding any right of custody or control vested by law in his parent or guardian. Division II.-Regulated Admissions 18. (1) A patient may be admitted to a hospital, tdmission and there detained for the period allowed by this section, o~rvation in pursuance of an application (in this Act referred to as an application for admission for observation) made by a relative of the patient or by an authorised person in accordance with the following provisions of this section. (2) An application for admission for observation may be made in respect of a patient on the grounds- (a) that he is suffering from mental illness of a nature or degree which warrants the detention of the patient in a hospital under observation (with or without treatment) for at least a limited period; and

800 Mental Health Act of 1962, No. 46 (b) that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons. (3) An application for admission for observation shall be founded on the written recommendations in the prescribed form of two medical practitioners, including in each case a statement that in the opinion of the medical practitioner the conditions set out in paragraphs (a) and (b) of subsection (2) of this section are complied with. (4) A patient admitted to a hospital in pursuance of an application for admission for observation may be detained for a period not exceeding twenty-eight days beginning from the day on which he is admitted, but shall not be detained in a hospital thereafter unless, before the expiration of that period, he has become liable to be detained in a hospital by virtue of a subsequent application, order, or direction under any of the provisions of this Act. (5) Nothing in this section shall preclude a patient admitted to a hospital in pursuance of an application for admission for observation from receiving such treatment as the responsible medical practitioner considers appropriate. Admission for treatment 19. (1) A patient may be admitted to a hospital, and there detained for the period allowed by the provisions of this Act relating to such admissions, in pursuance of an application (in this Act referred to as an application for admission for treatment) made by a relative of the patient or by an authorised person in accordance with the following provisions of this section. (2) An application for admission for treatment may be made in respect of a patient on the grounds- (a) that he is suffering from mental illness of a nature or degree which warrants the detention of the patient in a hospital for treatment under this section; and (b) that it is necessary in the interests of the patient's health or safety or for the protection of other persons that the patient should be so detained.

Mental Health Act of 1962, No. 46 (3) An application for admission for treatment shall be founded on the written recommendations in the prescribed form of two medical practitioners, including in each case a statement that m the opinion of the practitioner the conditions set out in paragraphs (a) and (b) of subsection (2) of this section are complied with; and each such recommendation shall include- (a) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in the said paragraph (a); and (b) a statement of the reasons for that opinion so far as it relates to the conditions set out in the said paragraph (b), specifying whether other methods of dealing with the patient are available, and if so why they are not appropriate. 801 o b ser 2 v 0 a . tl . o(nI) oNr o1 c oratprpelaitcmateinotn o f foar patthi . eentasd h ma I i I ss b ioenmaf d oer G p a r s o e v t ~ o 1 r S ~ 1o l ns by any person unless that person has personally seen ~pplicatio the patient within the period of fourteen days ending a°lmission with the date of the application. (2) The medical recommendations on which an application for the admission of a patient is founded, may be given either as separate recommendations, each signed by a medical practitioner, or as a joint recommendation signed by two such practitioners. (3) An application for admission for treatment shall not be made by an authorised person (being other than a person referred to in paragraph (a) of the definition of " authorised person " in subsection (1) of section five of this Act), if the nearest relative of the patient has notified the authorised person that he objects to the application being made, and, without prejudice to the foregoing provision, shall not be made by such an authorised person except after consultation with the person, if any, appearing to be the nearest relative of the patient unless it appears to that authorised person that in the circumstances such consultation is not reasonably practicable or would involve unreasonable delay.

802 Mental Health Act of 1962, No. 46 ~=~ns 21. (1) Unless otherwise provided by this Act, as to the recommendations required for the purposes of an =~en · medical da application for admission for observation or for treatment of a patient (in this Act referred to as " medical recommendations ") shall be signed on or before the date of the application, and shall be signed by medical practitioners who have personally examined the patient either together or at an interval of not more than seven days. (2) Except as otherwise provided by this Act, a medical recommendation shall cease to have effect on the expiration of fourteen days from the day of the joint or separate examination to which it relates. (3) Of the medical recommendations given for the purposes of any such application, one such recommendation shall, if practicable, be given by the medical practitioner who has usually attended the patient. (4) A medical recommendation for the purposes of an application for the admission of a patient under this Act shall not be given by any of the following persons, that is to say- (a) the applicant; (b) a partner of the applicant or of a medical practitioner by whom another medical recommendation is given for the purposes of the same application; (c) a person employed as an assistant by the applicant or by any such medical practitioner as aforesaid; (d) a person who receives or has an interest in the receipt of any payments made on account of the maintenance of the patient; or (e) (In the case of an admission of a paying patient to a hospital) more than one medical practitioner on the staff of that hospital; (/) (In the case of an admission to a special hospital) any medical practitioner on the staff of that hospital, or by the husband, wife, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, or sister-in-law of the patient, or of any such person as aforesaid, or of a

Mental Health Act of 1962, No. 46 medical practitioner by whom another medical recommendation is given for the purposes of the same application. (5) The following rules shall be observed in making and signing medical recommendations for the purposes of this Act:- (a) the medical recommendation shall be in the prescribed form; (b) the medical practitioner making and signing the medical recommendation shall state his qualifications in the medical recommendation; (c) in addition to the facts indicating mental illness observed by him, the medical practitioner shall, so far as he is able, state in the medical recommendation- (i) any further facts indicating mental illness observed by him on any other occasion, and the date of that occasion; (ii) any facts indicating mental illness communicated to him by others, and the names and addresses of the persons who communicated those facts; (iii) what in his opinion are the factors which caused the mental illness; (iv) whether in his opinion the patient is suicidal or dangerous; (v) what treatment (if any) has been employed in respect of the mental illness of the patient; (vi) what is the bodily health and condition of the patient, with special reference to the presence or absence of communicable disease and recent injury; (d) the medical recommendation shall state the day or the last day on which the patient was examined; (e) where an examination has been made by two medical practitioners jointly, then notwithstanding anything to the contrary in this Act, one medical recommendation may be made and signed jointly, or separate medical recommendations may be made and signed; 803

804 Mental Health Act of 1962, No. 46 (f) every medical recommendation shall contain a statement that the medical practitioner making and signing the same is not prohibited by this Act from giving such medical recommendation. (6) No medical recommendation shall be sufficient for the purposes of this Act if it purports to be founded only upon facts communicated by others. Procedure in Emergency f Ao o bd r smerivssaitoionn appli2ca2t.io(n1)foIrn adamnyissiocanseforoofbseurrvgaetniot n nmeacyessbiety, maadne e in m c e a rg se en o c f y in respect of a patient in accordance with the following provisions of this section, and any application so made is in this Act referred to as an emergency application. (2) An emergency application may be made by any relative of the patient or by an authorised person; and every such application shall include a statement (to be verified by the medical recommendation first referred to in subsection (3) of this section) that it is of urgent necessity for the patient to be admitted and detained under section eighteen of this Act, and that compliance with the foregoing provisions of this Division of this Part relating to applications for admission for observation would involve undesirable delay. (3) An emergency application shall be sufficient in the first instance if founded on one of the medical recommendations required by section eighteen of this Act, given, if practicable, by a medical practitioner who has usually attended the patient and otherwise complying with the requirements of section twenty-one of this Act so far as applicable to a single medical recommendation, but shall cease to have effect on the expiration of a period of two days beginning from the day when the patient is admitted to the hospital unless- (a) the second medical recommendation required as aforesaid is given and received by the hospital administrators within that period; and (b) that medical recommendation and the medical recommendation first referred to in this subsection together comply with all the

Mental Health Act of 1962, No. 46 805 requirements of the said section twenty-one (other than the requirement as to the time of signature of the second medical recommendation). (4) In relation to an emergency application, section twenty of this Act shall have effect as if in subsection (1) of that section for the words " fourteen days " there were substituted the words " two days ". o b ser2v3at.1 . o ( n 1) o A r n 1 &- or tarpepaltimcaetniot no f afoprati . enadt mtoissaio h nosp1 . ftoar 1 A 1 p 0 apt r ipe e ln s i p ctsa e . t c i t o o ns f may be made under this Division of this Part- ~lreat,in {a) in any case, notwithstanding that the patient ospi • is already an in-patient in that hospital, not being liable to be detained in pursuance of an application under this Division of this Part; (b) in the case of an application for admission for treatment, notwithstanding that the patient is for the time being liable to be detained in the hospital in pursuance of an application for his admission for observation; and where an application is so made the patient .shall be treated for the purposes of this Act as if he had been admitted to the hospital at the time when that application was received by the hospital administrators. (2) If, in the case of a person who is an in-patient in a hospital, not being liable to be detained therein under this Act, it appears to the medical practitioner in charge of the treatment of the patient that an application ought to be made under this Division of this Part for the admission of the patient to hospital or for a hospital order, he may furnish to the hospital administrators a report in writing to that effect; and in any such case the patient may be detained in the hospital for a period of two days beginning from the day on which the report is so furnished. 24. (1) An application for the admission of a Eff~ of p~tient to a hospital under this Division of this Part ;gf1tcatwn and the medical recommendation or, as the case reqwres, admission recommendations on which it is founded duly completed in accordance with and complying with this Act, shall be

806 Mental Health Act of 1962, No. 46 sufficient authority for the applicant, or any person authorised by the applicant, to take the patient and convey him to the hospital at any time within the following period, that is to say:- (a) in the case of an application other than an emergency application, the period of fourteen days beginning from the date on which the patient was last examined by •a medical practitioner before giving a medical recommendation for the purposes of the application; (b) in the case of an emergency application, the period of two days beginning from the date on which the patient was examined by the medical practitioner giving the medical recommendation first referred to in subsection (3) of section twenty-two of this Act, or with the date of the application, whichever is the earlier. (2) Where a patient is admitted within the said period to the hospital specified in such an a_pplication as aforesaid, or, being within that hospital, 1s treated by virtue of section twenty-three of this Act as if he had been so admitted, the application shall be sufficient authority for the detention of the patient in the hospital in accordance with the provisions of this Act. (3) Any application for the admission of a patient under this Act which appears to be duly made and to be founded on the necessary medical recommendations may be acted upon without further proof of the signature or qualification of the person by whom the application or any such medical recommendation, is made or given, or of any matter of fact or opinion stated therein. (4) An application for his discharge may be made by a patient who is admitted to a hospital m pursuance of an application for admission for treatment, to the Tribunal within the period of six months beginning from the day on which the patient is so admitted, or from the day on which he attains the age of eighteen years, whichever is the later, and, in either case, in any subsequent period of twelve months.

Mental Health Act of 1962, No. 46 (5) Where a patient is admitted to a hospital in pursuance of an application for admission for treatment, any previous application under this Division of this Part by virtue of which he was liable to be detained in a hospital shall cease to have effect. 807 25. (I) If within the period of fourteen days Rectification beginning from the day on which a patient has been ~~plication admitted to a hospital in pursuance of an application and medi~J for admission for observation or for treatment the ~ ~ ~ ~ en a- application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective but the hospital administrators are satisfied that it substantially complies with this Act, the application or medical recommendation may, within that period and with the consent of the hospital administrators, be amended by the person by whom it was signed; and upon such amendment being made the application or medical recommendation shall have effect and shall be deemed to have had effect as if it had been originally made as so amended. (2) Without prejudice to the provisions of subsection (1) of this section, if within the period therein mentioned it appears to the hospital administrators that one of the two medical recommendations on which an application for the admission of a patient is founded is insufficient to warrant the detention of the patient in pursuance of the application, they may, within that period, give notice in writing to that effect to the applicant; and where any such notice is given in respect of a medical recommendation, that recommendation shall be disregarded, but the application shall be, and shall be deemed always to have been sufficient if- (a) a fresh medical recommendation complying with the relevant provisions of this Division of this Part (other than the provisions relating to the time of signature and the interval between examinations) is furnished to the hospital administrators within that period; and (b) that medical recommendation, and the other medical recommendation on which the application is founded, together comply with those provisions.

808 Mental Health Act of 1962, No. 46 (3) Where the medical recommendations upon which an application for admission is founded are, taken together, insufficient to warrant the detention of the patient in pursuance of the application, a notice under subsection (2) of this section may be given in respect of either of those recommendations; but this subsection shall not apply in a case where the application is of no eifect by virtue of any provision of this Act. (4) Nothing in this section shall be construed as authorising the giving of notice in respect of an application made as an emergency application under section twenty-two of this Act, or the detention of a patient admitted in pursuance of such an application, after the period of two days referred to in subsection (3) of that section, unless the conditions set out in paragraphs (a) and (b) of that subsection are complied with or would be complied with apart from any error or defect to which this section applies. Division /11.-Admissions under Hospital Orders Mentally m 26. If a member of the Police Force finds in a F;~':i°fn place to which the public have access a person who public places appears to him to be suffering from mental illness and to be in immediate need of treatment or control, the member of the Police Force may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons, remove that person to a place of safety. Warrant to 27. (I) If it appears to a justice, on information r p e a m ti o en ve ts by any person on oath- (a) that there is reasonable cause to suspect that a person believed to be suffering from mental illness- (i) has been, or is being, ill-treated, neglected, or kept otherwise than under proper control; or (ii) being unable to care for himself is living alone; or (b) that otherwise in the interests of a person believed to be suffering from mental illness or for the protection of other persons, it is necessary so to do, the justice may issue a warrant in or to the effect of the prescribed form.

Mental Health Act of 1962, No. 46 809 (2) A warrant issued under this section shall require and authorise the member of the Police Force to whom it is directed or any other member of the Police Force within the period of fourteen days after the date of the warrant but as soon as practicable, to remove or cause to be removed the person in respect of whom the warrant is issued to a place of safety and shall for this purpose authorise him to do or to cause to be done all or any of the following things:- (a) to execute the warrant at any time whether by day or by night; (b) to call to his assistance such members of the Police Force, medical practitioners, or other persons as he thinks fit; (c) to apprehend, whether in a place to which the public have access or not, the person against whom the warrant is directed; (d) to enter and re-enter and search, if need be by force, the premises (if any) specified in the warrant and any other premises in which there is reasonable cause to believe the person ip respect of whom the warrant is issued will be found. (3) The member of the Police Force removing a person to a place of safety under this section or section twenty-six. of this Act shall within the period prescribed by subsection (5) of this section make an application under this Division of this Part, or cause or arrange such an application· to be made within that period. (4) Every person removed to a place of safety under this section or section twenty-six of this Act shall be removed to a hospital in preference to any other place of safety, unless a hospital is not readily accessible or the hospital administrators~ in the case of a private hospital which is readily accessibie, are not willing to receive the patien.! or where a public hospital which is readily accessible is not able to care for the patient and no other hospital is readily accessible. (5) A person removed to a place of safety under ~ollowingal this Division of this Part may be detained there for olar=~n a period not exceeding two days beginning from the ~a pla~of 2l day when he is removed to that place, for the purpose ss. 2~ er

810 Mental Health Act of 1962, No. 46 of his being examined, if practicable, as soon as possible by a medical practitioner or medical practitioners, and the making of an application under this Division of this Part. Application 28. (1) An application may be made under this r o o r r dehro w sp h i e t r a e l D" 1v.is.1on of th"1s part 1"or the 1. ssu.mg of a hosp1. ta 1 order ; ~ " 0 are r ~ : / m ce ° O 4 iisn naoctaslieabwlehetroe t b h e e rpeemrsoovnedthetosuabjpelcatceofotfhesaafpetpylicuantdioenr any of the provisions of sections twenty-six and twenty- seven of this Act or is already an in-patient of a hospital. Apfcat!ons (2) An application under this Division of this ~visi~~ 1 ~r Part may be made by any person not under the age of this Part twenty-one years and may be either- (a) for the issuing of a hospital order in respect of a patient; or (b) for the release from detention at a place of safety of a patient, and shall be made to a stipendiary magistrate or, if there is no stipendiary magistrate available, to the clerk of petty sessions at or nearest to the hospital or other place where the patient is being detained or is an in-patient or, if not detained or an in-patient, resides. (3) Upon the making of an application for the issuing of a hospital order the stipendiary magistrate shall inquire into the case for the purpose of determining as soon as possible whether or not a hospital order under this Division of this Part should be issued. For the purpose of his inquiry, the stipendiary magistrate may do all or any of the following things- (a) himself examine the person in respect of whom the hospital order is sought, whether at the place in which that person is detained or elsewhere; (b) direct some medical practitioner or practitioners to examine that person and report on the case; (c) take evidence touching the case including the circumstances upon which the application is based.

Mental Health Act of 1962, No. 46 (4) If the stipendiary magistrate as a result of his inquiry- (a) is satisfied on the medical recommendations or oral evidence of two medical practitioners (complying with the provisions of sections nineteen and twenty-one of this Act) th~t the person in respect of whom the application is made is suffering from mental illness; and (b) is of opinion having regard to all the circumstances including to other available procedures for that person's treatment that the most suitable procedure of disposing of the case is by means of a hospital order under this Division of this Part, the stipendiary magistrate may issue an order (in this Act referred to as a " hospital order ") authorising the patient's admission to and detention, subject to this Act, in such hospital as the stipendiary magistrate, on being satisfied that the patient will be admitted therein, specifies in the order. If the stipendiary magistrate as a result of his inquiry is not satisfied as aforesaid he shall refuse the application and, where the patient is being detained, order that the patient be discharged from detention, and effect shall be given to that order. (5) Upon the making of an application for the release from detention at a place of safety of a patient the stipendiary magistrate shall inquire into the case for the purpose of determining as soon as possible whether or not an order be made for the discharge of the patient from such detention and for the purpose of his inquiry, the stipendiary magistrate may do all or any of the things set forth in subsection three of this section. If the stipendiary magistrate is satisfied on the certificates or oral evidence of two medical practitioners who have personally examined the person in respect of whom the application is made either together or separately after the person's removal to the place of safety or is otherwise satisfied as a result of his inquiry that the person is not suffering from mental illness, he shall order that the person be discharged from such detention and effect shall be given to that order. 811

812 Mental Health Act of 1962, No. 46 If the stipendiary magistrate is satisfied and is of opinion as set forth in paragraphs (a) and (b) of subsection (4) of this section, he may issue under the said subsection (4) a hospital order as if the application were an application for the issuing of that order. (6) A Government medical officer shall be one of the medical practitioners who examine a patient under and for the purposes of this Division of this Part, unless a Government medical officer is not readily available. ~~;nth~n l~ ~ o~der (7) For the purpose of making and completing an inquiry under this section or pending the completion c1~letion of such an inquiry the stipendiary magistrate may from inq~, &c. time to time make such order as he thinks fit for the detention of the person in respect of whom the application is made in the hospital or other place of safety where the person is being detained or is an in-patient, or in some other place of safety and for such periods as the stipendiary magistrate may specify in the order, or for the removal to and detention at a place of safety of that person, or where the stipendiary magistrate is of the opinion that it is necessary so to do, for that person's treatment by a medical practitioner, or for his removal to another place, near or distant, or for all or any of these matters, and the provisions of subsection (1) of section thirty of this Act, with all necessary adaptations, shall extend to such order accordingly. (8) Where the stipendiary magistrate is satisfied that a patient the subject of an inquiry under this section is not fit to be removed from the place where the patient then is, he may postpone the execution of the hospital order issued under this section until it appears to him that the patient is sufficiently recovered to be removed under the hospital order, but in such an event he shall forthwith notify the Director of such postponement and the circumstances. (9) Any inquiry commenced or continued by a stipendiary magistrate under this Division of this Part may be continued, or further continued, and completed by some other stipendiary magistrate. (10) If in any case where a hospital order is issued under this section it appears to the Director that for the purpose of providing suitable treatment or by reason

Mental Health Act of 1962, No. 46 of emergent or other special circumstances it is necessary or desirable so to do, he may give directions for the admission of the patient to such hospital as appears to him to be appropriate, and where such directions are given the Director shall cause the person having the custody of the patient to be informed, and the hospital order shall have effect and be executed and this Act shall apply as if the hospital specified in the directions were specified in the hospital order, and the hospital administrators of the hospital specified in the directions shall admit the patient. 813 29. (I) The functions and powers of a stipendiary WhenjusJices magistrate under this Division of this Part may be :-~~a;r exercised by any two or more justices if at the time magistrate when and at the place where those functions and powers are so exercised there is no stipendiary magistrate availabie, and where necessary for applying this Act when justices act hereunders any reference herein to " stipendiary magistrate " shall be read as including a referenee to such justices. (2) A statement or recital in any hospital order made by two justices of the peace that to the best of their knowledge and belief there is at the time and place aforesaid no stipendiary magistrate available, shall be conclusive proof of the jurisdiction of the justices so far as the requirements of this section are concerned. (3) Any inquiry commenced by two justices in accordance with this section may be continued and completed by a stipendiary magistrate. ~:~~al 30. (1) A hospital order accompanied by the Effec~s of medical recommendations or evidence of the medical practitioners received by the stipendiary magistrate or justices shall be sufficient authority- (a) for a member of the Police Force or for any person directed to do so therein to convey the patient to the hospital specified in the order; and

814 Mental Health Act of 1962, No. 46 (b) for the hospital administrators to admit him and thereafter detain him in accordance with the provisions of this Act. (2) A patient who is admitted to a hospital in pursuance of a hospital order shall be treated for the purposes of this Act (other than section twenty-four) as if he had been so admitted in pursuance of an application for admission for treatment except that the power to order the discharge of the patient under section forty of this Act shall not be exercisable by his nearest relative or by any hospital administrators. (3) An appiication to the Tribunal may be made in respect of a patient admitted to a hospital in pursuance of a hospital order- (a) by the patient, within the period of six months beginning from the date of the order or from the day on which he attains the age of eighteen years, whichever is the later, and, in either case, in any subsequent period of twelve months; or (b) by the nearest relative of the patient or other prescribed person, within the period of twelve months beginning from the date of the order, and in any subsequent period of twelve months. (4) Where a patient is admitted to a hospital in pursuance of a hospital order, any previous application, or order or direction under this Act (other than under Part IV. hereof) by virtue of which he was liable to be detained in a hospital shall cease to have effect. (5) The provisions of section twenty-five of this Act shall, with all necessary adaptations, apply and extend with respect to hospital orders issued under this Division of this Part.

Mental Health Act of 1962, No. 46 815 PART IV.-PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS, &c. 31. (1) Unless otherwise indicated or provided this Construct.ion Part shall be read and construed with and as being in aid ~r,l,,!rt wi th of and not in derogation of the provisions of " The Crit1;.ar Criminal Code." Coe (2) If on the trial of any person charged with an PI~ o!," Not indictable offence, whether alleged to have been ~ 1 !ter:Jay committed before or after the commencement of this Act, in certain such accused person pleads guilty and it is alleged or cases appears- (i) that he is mentally ill ; or (ii) that he was mentally ill at the time when the act or omission alleged to constitute the offence occurred, the court may if it thinks fit order a plea of" Not guilty" to be entered on behalf of the accused person, and such plea so entered shall have the same effect as if it had been actually pleaded. (3) If on the appearance for sentence of any person charged with an indictable offence, whether alleged to have been committed before or after the commencement of this Act, who has pleaded guilty before and has been ordered by justices to be committed for sentence under section one hundred and thirteen of " The Justices Acts, 1886 to 1960," it is alleged or appears- (i) that he is mentally ill ; or (ii) that he was mentally ill at the time when the act or omission alleged to constitute the offence occurred, the court may if it thinks fit order a plea of" Not guilty" to be entered on behalf of the accused person, and such plea so entered shall have the same effect as if it had been actually pleaded, and the trial of such accused person shall proceed in the same manner as if he had been committed by the justices for trial and not for sentence. (4) If in the case of any person charged with an indictable offence, whether alleged to have been committed before or after the commencement of this Act, who, on

816 Mental Health Act of 196'2, No. 46 being asked under and pursuant to "The Justices Acts, 1886 to 1960," whether he wishes to say anything in answer to the charge says that he is guilty of the charge but it is alleged or appears- (i) that he is mentally ill ; or (ii) that he was mentally ill at the time when the act or omission alleged to constitute the o:ffence occurred, the justices may if they think fit, instead of ordering the accused person to be committed for sentence before some court of competent jurisdiction, commit him for trial as provided in such lastmentioned Acts. W f M or h in e J i n u st s e t r ice comm3e2n.ce( 1m) e ( n a t ) oWf htehries, Actb, eaforpeersonorindicatfetedr for tahne d m m e e a t y n en ta o t l i r l o d y n e i r l o l f itnodbicetambleentoaflfleyncilel ibs, y bayjruerays,oonrdoefrheids bhyavtihneg cboeuenrt ftoounbde person kept in strict custody until he is dealt with under the laws relating to mentally ill persons or until Her Majesty's pleasure is known, or under the aforesaid circumstances some other order to the like effect is made by the court, or where a person has been committed to take his trial or to be sentenced for an indictable offence and is found by two medical practitioners to be mentally ill, or where any such person has been ordered or directed to be detained in any hospital, the Minister for Justice may by order under his hand give such direction for the detention of that person :n such security patients' hospital, prison" or other place of confinement and in such manner as that Minister thinks fit. (b) The provisions of this subsection shall be in addition to and not in substitution for or in diminution of the provisions of any other Act, and where under the provisions of any other Act in any of the circumstances set forth in paragraph (a) of this subsection some person other than the ~.Jinister for Justice may make such an order for detention or a like order, then the order for detention may be made either by that other person or the Minister for Justice. (2) Where any order referred to or made under subsection (1) of this section specifies a special hospital as a place of detention for the person the subject of the order, the Governor in Council may at any time further order that the person be transferred to any security patients' hospital or prison, and for the purpose of giving

Mental Health Act of 1962, No. 46 817 effect to any determination of the Governor in Council hereunder, the Minister may at any time direct the transfer of the person the subject of the determination from the hospital where he then is to the security patients' hospital or prison specified therein and every such direction shall be given effect according to its tenor. (3) (a) If at the hearing or examination of witnesses Pf?wer/f at before or by a stipendiary magistrate of or in respect of =~tr~tl to a complaint or charge or information of an offence isst punishable by imprisonment, whether with or without ~ ~ t: ~ ti~~ a fine and whether the offence is punishable on summary conviction or on conviction on indictment, the stipendiary magistrate is satisfied, on the evidence of two medical practitioners, that the defendant is mentally ill and is also of the opinion, having regard to all the circumstances including other available procedures for that person's treatment that the most suitable procedure of disposing of the case is by means of a hospital order issued as if an application had been made for such an order under Division III. of Part III. of this Act, or, in a case to which paragraph (c) of this subsection applies, by means of an order under the said paragraph (c), the stipendiary magistrate may issue such an order. (b) Where a hospital order is issued under paragraph (a) of this subsection, for the purposes of this Act, it shall be deemed to have been issued under Division III. of Part III. of this Act, and the patient shall be deemed to be detained pursuant to a hospital order issued under the said Division, and, notwithstanding anything to the contrary contained in this Act, the provisions of this Act shall apply in relation to that hospital order and patient accordingly. (c) Where the complaint or charge or information referred to in paragraph {a) of this subsection is of an offence which is punishable on indictment and is not one which is punishable on summary conviction, the stipendiary magistrate on issuing an order under the said paragraph (a) shall direct the detention of the patient in such security patients' hospital, prison, or place of confinement and in such manner as the stipendiary magistrate thinks fit. (4) Where any person is charged with having Ptetrsonst. attempted to commi.t su1.c1" de and 1.s 1 c ound by two med"1ca 1 ato ecmompmmigt practitioners to be mentally ill, he shall forthwith be suicide 27

818 Mental Health Act of 1962, No. 46 removed to a hospital and, when found by two medical practitioners to be no longer mentally ill, shall be discharged from treatment and detention and shall not be put upon his trial or be liable to any charge or indictment for having attempted such act of suicide. Regubelationsd (5) Without limiting the power to make regulations f m o a r y the ma e con ti erre d b y secti . on sD . Cty-one of t h" 1s A ct, regu 1 ati . ons may r:ra r'i:t~-for be made under that section for the purposes of all or any ~r ,on of the aforesaid provisions of this Part as well as providing t1:i~ent or for the transfer for observation or treatment of persons ~atie~ts suffering or appearing to be suffering from mental illness and who are in confinement on being apprehended or on a charge or awaiting trial or sentence for any offence punishable by imprisonment, whether with or without a fine, or are being imprisoned or confined or otherwise detained in any reformatory institution, industrial school, or other place of confinement, whether of the same kind or not, to security patients' hospitals or hospitals and for the return of all or any such persons in such. events or circumstances as prescribed to the places from which they were transferred or other place as prescribed, and for the purpose of regulating and controlling the conveyance to and the reception and detention of those patients at the places to which they are removed. apSsrpoetvociisailons this ( A6)ctWinheare haopsaptiiteanl t bwyhoviisrtluieabloeftoanbeadpeptlaiicnaetdiounndfoerr & pimactp.ierinstosned. aPdamrtiIsIsIi.onof tfhoirs Atrcetaitsmdeentatinoerd ian chuostsopdityalin oprudresur anucnedoerf any order under this Part or under any other Act or in pursuance of any sentence or order passed or made by a court or stipendiary magistrate or justices in Queensland (including an order committing or remanding him in custody), he shall not cease at any time before he is discharged from such custody to be liable to be detained under this Act in a hospital or cease to be otherwise subject to this Act pursuant to the application for admission for treatment or hospital order, and- (a) if apart from this subsection, the patient would have ceased to be liable to be detained under this Act in a hospital on or before the day on which he is discharged from custody, he shall not cease and shall be deemed not to have ceased to be so liable or subject until the end of that day; or

Mental Health Act of 1962, No. 46 (b) if the patient is still liable to be detained under this Act in a hospital after the day on which he is discharged from custody, he shall continue to be so liable and to be so subject as if his detention in custody had been a detention under this Act in a hospital, and in any case, section thirty-six of this Act shall apply in relation to the patient as if he had absented himself from hospital without leave on the day of his discharge from custody. (7) The Governor in Council, on the recommendation of two medical practitioners nominated by the Governor in Council in that behalf, may release on parole, subject to such conditions as the Governor in Council may fix, any person detained pursuant to any of the provisions of " The Criminal Law Amendment Act of 1945" and, without limiting the power to make regulations conferred by section sixty-one of this Act, regulations may be made under that section for the carrying out of the objects of this subsection including, but without limiting the generality thereof, the apprehension of any person released on parole for a breach of the conditions so fixed or otherwise. 819 33. (1) In this section " security patient" means Sec~rity any prisoner or security patient, within the meaning of patients "The Prisons Act of 1958," who has been removed from any prison or security patients' hospital pursuant to a direction or order under that Act to any hospital for observation or examination or treatment for mental illness. (2) Every security patient shall be detained in such hospital as the Director with the consent of the Minister from time to time may order and shall, unless the Comptroller-General of Prisons sooner directs his return to a prison or security patients' hospital, be so detained until the responsible medical practitioner certifies that he is recovered or is not mentally ill, when he shall be returned to such prison or security patients' hospital as the Comptroller-General of Prisons shall specify for lawful discharge or further detention or being otherwise lawfully dealt with.

820 Mental Health Act of 1962, No. 46 (3) Subject to the provisions of subsection (2) of this section, the provisions of this Act relating to the treatment or custody of any patient (including the provisions of sections fifty-seven and fifty-eight of this Act) shall, with all necessary adaptations, apply in relation to a security patient. (4) The provisions of this section shall be in addition to and not in substitution for or in diminution of the provisions of " The Prisons" Act of 1958," or any other Act or any law. PART V.-TRANSFER. AND DISCHARGE OF PATIENTS, &c. Tparararta_ iennnsgfteesmr b oe y fnts a h os 3 p 4 1 . . ta 1 (1 b ) yAvi . rptuateieonft abneianpgp 1 l1 · iacabtl . leonto1 c- orbea d dme1 . tsasi1 . noend , &" oinr observation or for treatment may be transferred from any hospital to another hospital (other than a special hospital) in pursuance of arrangements made in that behalf and without any order or direction under this Act for that purpose. Transfer of patients by order (2) The Director, for the purpose of the provision of suitable treatment or for any other reason which he thinks sufficient, may, by writing under his hand, order the transfer of any patient from any hospital to any other hospital. (3) An order under subsection (2) of this section shall be sufficient authority for the transfer, removal, conveyance, and admission of the patient in accordance with the terms thereof. (4) Where a patient, being liable to be detained in a hospital by virtue of an application for admission for observation or for treatment or a hospital order under this Act, is transferred to another hospital pursuant to arrangements referred to in subsection (I), or an order under subsection (2), of this section, the provisions of this Act shall, thereafter apply to him as if the application were an application for admission to that other hospital or, as the case requires, the hospital order were an authority originally directed to the other hospital, and as if the patient had been admitted to that other hospital at the time when he was originally admitted in pursuance of the application or order.

Mental Health Act of 1962, No. 46 821 (5) Without limiting the power to make regulations conferred by section sixty-one of this Act, regulations may be made under that section providing for such matters and things as may be considered necessary or desirable for the purpose of enabling, regulating, and controlling the transfer, removal, conveyance, and reception and detention of patients in pursuance of the aforegoing provisions of this section. (6) If it is made to appear to the Supreme Court Retor:1 of or a Judge thereof that a patient has relations or friends ~~/~'} in any place beyond Queensland who are willing to Queensland undertake the care and charge of him, and that it would be for his benefit that he should be removed to such place, the Court or Judge may order him to be removed from Queensland, and make such further or any other order authorising or directing his removal, and touching his safe custody and maintenance, as to the Court or Judge seems fit, and may order that security shall be given for the safe custody and maintenance of such patient in any place beyond Queensland: Provided that no order shall be made for the removal of such patient until after fourteen days' notice of the intention to apply for such order has been given to the person in whose care or custody such patient is, unless such person himself is applying for the order. Leave of Absence 35. (1) Subject to this Act, the responsible medical Leave of practitioner may grant to any patient who is for the time ~~:~it:i from being liable to be detained under this Act (other than the provisions of Part IV. hereof) in a hospital leave to be absent from the hospital subject to such conditions, if any, as that medical practitioner considers necessary in the interests of the patient or for the protection of other persons. (2) Leave of absence under subsection (1) of this section may be granted to a patient either indefinitely or on specified occasions or for any specified period; and where leave is so granted for a specified period, that period may from time to time be extended, and, where the responsible medical practitioner thinks fit, any such extension may be granted on the recommendation of some other medical practitioner.

822 Mental Health Act of 1962, No. 46 (3) Where it appears to the responsible medical practitioner that it is necessary so to do in the interests of the patient or for the protection of other persons, he may, upon granting leave of absence under this section, direct that the patient remain in custody during his absence: and where leave of absence is so granted the patient shall not be absent from the hospital on such leave unless he is kept in the custody of the person who is authorised in that behalf in writing by the hospital administrators which writing shall be sufficient authority for that person to keep the patient in his custody and at the place where the patient is required to reside in accordance with the conditions imposed, and at any time while the authority remains in force to return the patient to the hospital. (4) In any case where a patient is absent from a hospital in pursuance of leave of absence granted under this section and it appears to the responsible medical practitioner or the hospital administrators or the Director that it is necessary so to do in the interests of the patient's welfare or for the protection of other persons, that medical practitioner or the hospital administrators or the Director, as the case may be, may, subject to subsection (5) of this section, by notice in writing given to the patient or to the person for the time being having custody of the patient, revoke the leave of absence and recall the patient to the hospital. (5) A patient to whom leave of absence is granted under this section shall not be recalled under subsection (4) of this section after he has ceased to be liable to be detained under this Act in a hospital; and without prejudice to any other provision of this Act any such patient shall cease to be so liable at the expiration of the period of six months beginning from the first day of his absence on leave unless either- (a) he has returned or has been returned to the hospital, or has been transferred or removed to another hospital or a security patients' hospital under the provisions of this Act or any other Act before the expiration of that period; or (b) he is absent without leave at the expiration of that period.

Mental Health Act of 1962, No. 46 823 :t-a~d 36. (1) Where a patient who is for the time being Rct 1 liable to be detained under this Act in a hospital- ~r~ati;~~on (a) absents himself from the hospital without !1:~~t leave granted under section thirty-five of this leave Act; or (b) fails to return to the hospital on any occasion on which, or at the expiration of any period for which, leave of absence was granted to him under that section, or upon being recalled thereunder ; or (c) absents himself without permission from any place where he is required to reside in accordance with conditions imposed on grant of leave of absence under that section, if the hospital administrators or the responsible medical practitioner or the Director so requires, he may, subject to the provisions of this section, be taken into custody and returned to the hospital or, pursuant to an order of the Director or the Minister admitted to some other hospital, or where he has absented himself without permission from any place where he is so required to reside, to the hospital or some other hospital as aforesaid or to the place from which he has absented himself, by any member of the Police Force, by any person authorised in writing by the hospital administrators, or by any other prescribed person. (2) (a) A patient may be taken into custody under this section at any time before he ceases to be liable to be detained under this Act in a hospital or before the expiration of three months beginning from the first day of his absence without leave, whichever is the later period, but a patient who has not returned or been taken into custody under this section within the said period shall cease to be liable to be so taken into custody. (b) Where a patient is taken into custody under this section after the time when he would otherwise have ceased to be liable to be detained under this Act in a hospital, he shall continue to be liable to be so detained until the expiration of the period of two days beginning from the day on which he is taken into custody. (3) In this Act " absent without leave " means absent from any hospital or other place and liable to be taken into custody and returned under this section, and kindred expressions shall be construed accordingly.

824 Mental Health Act of 1962, No. 46 Duration of Authority for Detention and Discharge of certain Patients Duration of authority 3 7. ( 1) Unless otherwise provided in this Act, a patient admitted to hospital in pursuance of an application for admission for treatment or a hospital order under Part III. of this Act, may be detained in a hospital for a period not exceeding twelve months beginning from the day on which he was so admitted, but shall not be so detained or kept as a result of that application or order for any longer period unless the authority for his detention is renewed by an application as referred to subsequently in this section or a report by the responsible medical practitioner made under section thirty-eight of this Act. (2) Authority for the detention as aforesaid of a patient may, unless the patient has previously been discharged, be renewed under this Act- (a) from the expiration of the period referred to in subsection (1) of this section, for a further period of twelve months ; (b) from the expiration of any period of renewal under p"a.ragraph (a) of this subsection, for a further period of twenty-four months, and so on for periods of twenty-four months at a time. (3) The authority for the detention as aforesaid of a patient who has been detained under this Act in a hospital may be renewed by means of an application for admission for treatment made in accordance with the provisions of Division II. of Part III. of this Act relating to such applications within the period of two months ending on the day on which the patient would cease under this section to be liable to be detained, and the provisions aforementioned of the said Division II. of Part III. shall, with all necessary adaptations, apply for the purposes hereof. Duty or 38. (1) It shall be the duty of the responsible :C~f~ible medical practitioner to examine a patient who is liable to practitioner be detained under this Act in a hospital within the period t p o at e i x e a n m t ine o f two mont h s en d" mg on t h e d ay on whi · c h t h e pati · ent bcf4:>re. would cease under this Act to be so liable, and if it ~?~:;i~ of appears to him that it is necessary in the interests of detention the patient's welfare or for the protection of other g~~1rd persons that the patient should continue to be liable

Mental Health Act of 1962, No. 46 825 to be so detained, he shall furnish to the hospital administrators in relation to the hospital where the patient is then liable to be detained and to the Director a report to that effect in the prescribed form. (2) Where a report is duly furnished to the hospital administrators under this section, the authority for the detention in a hospital of the patient shall be thereby renewed for the period prescribed in that case by subsection (2) of section thirty-seven of this Act. 3 9. Where a report under section thirty-eight Action to be of this Act is furnished in respect of a patient, the hospital ~ k~ ~ t 1n~r administrators shall cause all prescribed persons and, s~~s if he is of the age of eighteen years or over, the patient to be so informed and an application for the patient's discharge may be made by the patient or in respect of the patient by any of those other persons, within the period for which the authority for his detention is renewed by virtue of the report, to the Tribunal. Discharge of Patients 40. (I) Subject to the provisions of this section Di5:<=harge of and section forty-one of this Act, a patient who is for pauents the time being liable to be detained under this Act in a hospital (other than under the provisions of Part IV. or than in pursuance of the provisions of section thirty- eight hereof by reason of a report made thereunder) shall cease to be so liable if an order in writing discharging him from detention (in this Act referred to as an order for discharge) is made in accordance with the following provisions of this section. (2) An order for discharge may be made in respect of a patient- (a) where the patient is liable to be detained in a hospital in pursuance of an application for admission for observation, by the responsible medical practitioner or by the hospital administrators, or by the Director, or, where the application for admission was made by an authorised person, by the authorised person; and (b) where the patient is liable to be so detained in pursuance of an application for admission for treatment or a hospital order under

Mental Health Act of 1962, No. 46 The Public Curator shall pay or tender to the person so summoned the same amount as such person would have been entitled to had he been summoned as a witness in proceedings before justices sitting in petty sessions at the place to which such person has been summoned. (2) Every person on whom any such summons is served by delivering it to him or by leaving it at his usual place of business or abode who without reasonable justification or excuse fails to appear according to the exigency of the summons or, being present, refuses to be sworn or to give evidence or to answer such questions as are put to him by the Public Curator or the person so appointed as aforesaid, or to produce any books or documents required by the summons to be produced, shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one hundred pounds. 863 31. Without restricting any other powers and authorities conferred Public 1 by this Act, the Public Curator may apply to the Court, ex parte, for Cu tor may directions with respect to the exercise of any of his powers, authorities, ~ ~ to and discretions conferred upon him by this Act with respect to any for patient, and the Court may, on such application, make such order directions in the premises as it thinks fit. 32. Nothing in this Act shall be construed to derogate from Saving- or otherwise affect the powers, duties, authorities, and responsibilities ;a~r IIIA. of of the Public Curator conferred or imposed upon him by the provisions c~ra 1 ::0r of Part IIIA. of "The Public Curator Acts, 1915 to 1957." Acts 33. (1) Where any stock is standing in the name of or is vested Stock . oin f oar pvaetsiteen d t m · beanecfoicmiamllyi · tteenetiotfletd h etheesrteattoe,oo f ra ipsastit · eanntdim • ngtriunstth, i:- oern h a1 ' mme, P b b e a e11 ° o 1. enrndgetmrmegdatyo or as part of his property, and the committee dies intestate or himself to be becomes mentally ill, or is out of the jurisdiction of or not amenable transferred 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 the space of fourteen days after a request in writing for that purpose made by the Public Curator or a new committee, then the Court may order some fit person to transfer the stock to the name of the Public Curator 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. (2) Where any stock is standing in the name of or vested in a Stock in person residing out of Queensland, the Court upon proof to its narc of satisfaction that a declaration or order to the effect that such person ~ ! i~ ~ ~ out is a mentally ill person according to the laws of the place where he is of the State residing, and that his personal estate has been vested in a Curator or may be other person appointed for the management thereof according to the :dered to laws of that place, may order some fit person to make such transfer transferred of the stock to the name of such Curator 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.

864 Mental Health Act of 1962, No. 46 Who sh~ll (3) Where an order is made under this Act for the transfer of ~ apremted stock, the person to be named in the order for making the transfer t~:~ere shall be some proper officer of the company or society or association in whose books the transfer is to be made. Proceedings 34. If any real or personal property of a patient is wrongfully foporfropterocptieornty ahneldd,owdeintagintoeds,uccohnpvaetriteendt, boyrainnyjupreerds,oonr(wifitahnoyutsulimmitoinf gmoornoetyheisrwdiusee of patients affecting his right of proceeding under any other Act) the Public Curator may claim and recover possession of such property or damages for the conversion or injury thereof, or payment of the said sum by proceedings, instituted by way of originating summons, before a Judge who is hereby authorised and required, on proof to his satisfaction of the cause of the proceedings, to make an order requiring the person proceeded against to give up possession of such property or to pay reasonable damages, to be fixed by the order, for the conversion or injury thereof, or to pay the sum due, and, in default of compliance by such person, to order in and by the same or any subsequent order that he be committed to prison for any period not exceeding six months; or the Judge may direct an action to be brought in respect of the matter of the proceedings. The Judge may make such order as to costs as he thinks fit, and every order under this section shall have the same effect and may be enforced in the same manner, as any judgment of the Court. Committees other than the Public Curator The Court 35. (1) The Court shall not appoint any person other than the may, _on Public Curator as the committee of the estate of any person in pursuance ~~:n;iven of this Act unless it is proved to the satisfaction of the Court that appoint ' ~here is some sufficient re!ison why such person should be so appointed committee m preference to the Pubhc Curator. other than Public Curator (2) When any application is made to the Court to appoint any person other than the Public Curator as the committee of the estate of any person, notice of the application shall be given to the Public Curator by the person making the same. Any such application shall be made to the Court within three 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, and during such period and until the appointment of a committee other than the Public Curator is made the Public Curator shall ex officio be the committee under this Act. (3) The Public Curator shall be entitled to be heard on any such application, and the costs of the Public Curator (including the costs of obtaining such reports as the Public Curator deems necessary) shall be allowed to the Public Curator out of the estate of such person.

Mental Health Act of 1962, No. 46 865 36. (1) When any person other than the Public Curator has been Power of appointed as the committee of an estate under this Act, that person such ·u shall have in respect of the estate such of the powers conferred on the comm, ee Public Curator by sections fourteen to twenty, both inclusive, and by sections twenty-four and twenty-five of this Schedule as the Court in the order appointing the committee, or in any subsequent order or orders, directs; and in the exercise of such powers he shall be subject to any orders that may be made in the matter by the Court. (2) On the application of the Public Curator or any relative of the patient, any such order may from time to time be varied or rescinded by the Court. 37. (1) No person other than the Public Curator shall be appointed Person so as the committee of the estate of any person in pursuance of this Act ap1>9inted ~~ri~y until he has given to the Public Curator such security as the Court to directs and approves for the due management of the estate. Public Curator (2) Such security may be a bond, with or without a surety or sureties, or such other security as the said court directs and approves. (3) The Court may at any time, on the application of the Public Curator, require such committee to give to the Public Curator further or other security for the due management of the estate. (4) The Court may at any time give leave to the Public Curator to enforce any such security, and the Public Curator shall thereupon proceed by action or otherwise to enforce the same accordingly. All moneys so received by the Public Curator shall be deemed part of the estate of which such person is or was the committee, and all costs and expenses so incurred by the Public Curator shall be paid out of the said estate. The Public Curator 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. 38. (1) It shall be the duty of every person, other than the Public Statement Curator, who has been appointed the committee of the estate of any as to estate spuecrshotnimiens paunrdsuinanscuechoffotrhmis aAs chte tsoharlelnpdreersctroibteh,ea Pstuabtleimc eCnut rsahtoowr, inagt ~ toib~ iTe~ed t 0 the property comprised in the estate, and the manner in which that Curator property has been managed and applied, and the condition of that property, and such other particulars relating to the said estate as may be prescribed or directed by the Public Curator. (2) Every such statement shall be verified by the statutory declaration of the committee, and, where the Public Curator so directs shall be supported by vouchers.

866 Mental Health Act of 1962, No. 46 (3) If any committee fails or refuses to render any such statement verified as aforesaid, in the manner and at the times so prescribed, every member of such committee shall be liable to a penalty not exceeding three hundred pounds for every such offence. (4) The Public Curator may cause any such statement or the accounts relating thereto to be examined and reported upon by any person he may appoint in that behalf. Percentage 39. (I) When any person other than the Public Curator is c oitno o f m hbm m aeon i ndp tt esa e yi e dsof saPhpuapblolliicnbteCedupratayhtaeobrcl,eoamot mustuitctoehfettiohmfaetasneyassteasttehtaetbeyPiuntbhlpeicucrsCoumuarnmactieottreoepf rttehhsiecsrreiAbocefts, t,otshuethcrhee to Public percentage, not exceeding one pound for every hundred pounds, Curator as may from time to time be prescribed, 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 Curator shall form part of the Public Curator's account. Special provisions relating to property of patients residing outside Queensland Inter- 40. (1) In sections forty to forty-two, both inclusive, of this a p n re d tation Scheduie- application of ss. 40--42 (a) " Reciprocating State " means any State, country or territc-ry outside Queensland which has been declared under subsection (2) of this section to be a Reciprocating State for the purposes of the said section forty-one or section forty-two or both such sections; (b) "Persons who are mentally ill" (without derogating from the meaning of the expression elsewhere in this Act) include persons of unsound mind and lunatics. Application (2) (a) If at any time the Governor in Council is satisfied that of ss. 41 the laws in force in any State, country or territory outside Queensland i nd ~ bf are such as to enable powers to be exercised in that State, country roe a ion or territory in cases of patients residing in Queensland substantially similar to the powers conferred by either section forty-one or forty- two, or both such sections, of this Schedule in cases of persons who are mentally ill and residing in that State, country or territory, the Governor in Council may by Proclamation declare that State, country or territory to be a Reciprocating State for the purposes of either the said section forty-one or the said section forty-two or both such sections, as the case may be, and thereupon that State, country or territory shall become a Reciprocating State within the meaning of subsection (1) of this section. (b) The Governor in Council at any time may, by Proclamation, revoke or vary any Proclamation under this subsection.

Mental Health Act of 1962, No. 46 (c) Notwithstanding the repeal of the repealed Acts, every Proclamation in force immediately prior to the commencement of this Act and made- (i) under subsection (1) of section one hundred and ten of the repealed Acts shall be deemed to be a Proclamation und~r this section for the purposes of section forty-one of this Schedule; (ii) under subsection (2) of section one hundred and ten of the repealed Acts shall be deemed to be a Proclamation made under this section for the purposes of section forty-two of this Schedule. 867 41. (1) If the officer charged by the laws of a Reciprocating Powi:rs of State with the care, recovery, collection, preservation, and Publtc administration of the property and estates of persons who are mentally ;u:tor ill in that State- property (a) certifies in writing under his hand and seal to the Public ~ueensland Curator that any person is mentally ill and residing in of patients that State and that he is possessed of or entitled to or in . appears to be entitled to or interested in real or personal Rfpro- property in Queensland; and ':tai:!g (b) by instrument in writing under this hand and seal authorises the Public Curator to collect, recover, manage, sell or otherwise dispose of, and administer such property or to make inquiry respecting such property, the Public Curator shall have and may exercise over and in respect of such property the same powers of collection, recovery, management, sale, disposition, administration, and inquiry as he would have had and may have exercised over such property if such mentally ill person had been resident in Queensland and a patient; and the provisions of this Schedule apply in respect of such property accordingly. (2) Where the Public Curator has, pursuant to any such authority as is referred to in paragraph (b) of subsection (1) of this section and in the exercise of the powers conferred upon him by that subsection, received any moneys or properties, the Public Curator may, after- (a) payment of all costs, charges and expenses incurred in the exercise of those powers pursuant to that authority; and (b) satisfying or providing for the following debts and claims of which he has notice, namely, debts of the patient named in such authority owing to persons resident in Queensland and the claims of persons so resident against that patient, pay over or deliver the balance of such moneys or properties to the officer of the Reciprocating State who signed such authority or his successor in office, without seeing to the application thereof and without incurring any liability in respect of such payment over or delivery, and shall duly account to that officer or his successor for that balance.

868 Mental Health Act of 1962, No. 46 Order or declaration in lunacy in a Recipro- cating State to be effective in Queensland on being resealed 42. (1) When any order or declaration made by a court of competent jurisdiction under the laws of any Reciprocating State in the exercise of its jurisdiction in lunacy is produced to and a copy thereof deposited with the Registrar of the Supreme Court of Queensland, such order or declaration shall, subject to the payment of the prescribed duties or fees (if any) be sealed with the seal of the Court and shall have the like force and effect and have the same operation, and the Public Curator and every guardian, committee, or receiver acting thereunder shall perform the same duties and be subject to the same liabilities in Queensland as if such order or declaration had been originally made by the Court : Provided that a guardian, committee, or receiver other than the Public Curator appointed under any such order shall not have or exercise any power or authority thereunder after the same has been so sealed until his appointment has been confirmed by the Court, which confirmation may be granted upon such terms as the Court thinks fit, or may be refused. Retrospective (2) This section shall apply to such orders and declarations operation whether made before or after the commencement of this Act. Saving (3) This section shall not be construed as in derogation of the provisions of section eleven of this Schedule. [Section 61 (3)) Officers adminis- tering this Act Official visitors FOURTH SCHEDULE Subject Matters for Regulations 1. Prescribing the functions, powers, duties, and privileges of all or any persons engaged in the administration of this Act. 2. Prescribing the functions, powers, and duties of official visitors including, but without limiting the generality of the aforegoing, the inquiries to be made by official visitors upon their visits under this Act, the books and documents to be produced to them upon their visits, and providing for the assistance by official visitors in administering this Act and for their assistance to the Court, the Public Curator, the Director, and Tribunals with such object. Tribunals 3. Regulating and controlling inquiries by and applications to and the proceedings of Tribunals and, without limiting the generality of the aforegoing, prescribing the purposes for which, the times when, and the persons by whom, applications may be made to Tribunals; regulating and controlling and in such circumstances as prescribed prohibiting representation before Tribunals, providing for inquiries for the purpose of the reclassification of patients in hospitals and the reduction or alteration of their periods of detention under this Act upon such reclassification, and otherwise for achieving all or any of the objects for which Tribunals are constituted; for conferring on Tribunals and on any members (including the chairman) thereof

Mental Health Act of 1962, No. 46 869 such ancillary powers as the Governor in Council thinks necessary for the purpose of the exercise of their functions under this Act; providing for the appointment of a clerk to each Tribunal and prescribing his functions and duties. 4. Providing for the administration and good government of Spec\al all or any special hospitals and of any places administered by the hospitals Director, including the prescribing of the functions, powers, and duties of all officers (medical officers and others), nurses and employees in or about such hospitals and of all officers, nurses, and employees in respect of the treatment and control of patients in such hospitals. S. Making provision for ensuring treatment of patients in special Tre~t[!lent hospitals: without limiting the aforegoing, prohibiting in any special ?f pati~n ts hospital without the Director's consent in writing, such operations h~ ~ 1 ~ 1 or medical or therapeutic treatments as may be specified, and making provision for the giving of that consent- (a) where the Director is satisfied upon the report of the medical superintendent that such operation or treatment is necessary or desirable for the safety or welfare of the patient or is a reasonable and proper type of operation or treatment to be performed upon or applied to the patient; and (b) in the case ofleucotomy and any other operation or medical or therapeutic treatment in respect of which a Consultative Committee has been constituted as prescribed, the appropriate Consultative Committee has recommended the subjection of the patient to such operation or medical or therapeutic treatment: Providing, in relation to all or any of the cases where the Director's consent is to be first obtained as aforesaid, for the giving of notices by the Director prior to such consent, and specifying the persons to whom such notices shall be given as well as the information to be contained therein; providing for the lodging with the Director of objections to the proposed operation or treatment and for the reference to and the inquiry and determination by any prescribed person or court of the matter; providing for the constitution of, and prescribing the functions, powers, and duties of Consultative Committees for the purpose of making recommendations to the Director relating to the subjection of patients to such prohibited operations and treatments; conferring powers and protection, subject as aforesaid, in relation to the subjection of patients in special hospitals to operations and medical or therapeutic treatments; providing for such matters as may be considered necessary or desirable to give effect to these objects. 6. Providing for and in relation to the visitation by private Visitation of medical practitioners of in-patients in special hospitals and for and in in-p~tients in re~ation to the nursing of such patients, at the patient's expense, by ~~~als by pnvate nurses. private medical practitioners 7. Providing charges for the treatment and care and control of Charges patients with resources in relation to special hospitals.

870 Mental Health Act of 1962, No. 46 Courts and prescribed persons 8. Providing for the purposes of this Act any matters considered necessary or desirable in relation to any prescribed appeals from decisions of stipendiary magistrates and in relation to applications or references to, and enquiries by, and the determinations by any court or prescribed person in relation to any prescribed matters, including, where considered necessary- (a) for the inquiry, hearing, and determination otherwise than in open court; (b) for the admission of evidence of such descriptions as may be specified notwithstanding anything to the contrary in any enactment or rule of law relating to the admissibility ofevidence; (c) for the visiting and interviewing of patients in private by or under the directions of the court or prescribed person. Production of patients before courts, &c. 9. Prescribing the circumstances wherein and the conditions subject to which a patient who is for the time being liable to be detained in a hospital under this Act may be brought before any court or tribunal or person as a party or witness to any proceeding or for examination. Forms 10. Prescribing forms for the purposes of all or any of the provisions of this Act and such other forms as may be necessary or convenient for the administration of this Act; providing for the information required to be set forth in such forms or necessary to render all or any such forms effective for the purpose for which they are used; but so that when any forms are prescribed, forms to the like effect may be used and shall be sufficient; prescribing the manner in which any application, recommendation, report, order, notice, or other document under or for the purposes of this Act may be proved. Records, &c. 11. Providing for the keeping, fonn and production for inspection and inspection of such books, records, registers, and other documents, and the furnishing of such returns, reports, and statistics as may be necessary or convenient for the purposes of all or any of the objects of this Act or the administration of this Act, including, but without limiting the aforegoing in relation to in-patients and out-patients of all or any hospitals, and prescribing the persons responsible for the keeping, production, or furnishing of the same, or for any of these things. Notices 12. Providing for the purposes for which notices shall or may be given under this Act, and providing for all or any matters in relation to all or any notices required or permitted to be given or served by this Act, including the means whereby all or any of such notices may be given or served, the persons to and by whom the same shall or, as the case requires, may be given or received; providing that in all or any of such cases the giving or service of such a notice by any of the prescribed means shall be deemed to be sufficient giving or service of the notice, and providing for the time when such giving or serving in all or any such cases, shall be deemed to have been effected.

Mental Health Act of 1962, No. 46 871 13. Conferring powers of making a direction or order or other Direction, !f~s~im act of authority, whether of the same description or not, under this Act effective by means of a telegram or other speedy means. 14. Regulating and controlling for the purposes of this Act the Visjtation of visitation of all or any patients in all or any hospitals, and permitting patients visitations (including making provision for and with respect to the granting of permissions) in cases where visitations are prohibited by or under this Act. 15. Prescribing the rules to be observed in making and signing Medical and amending medi~a~ certific3:tes under and f?r the purp~ses. of ~g~i:::~d- all or any of the prov1S1ons of this Act or for making any examination medical for the purposes of making any such medical recommendation; findings making provisions for and in relation to the certificates to be given by medical practitioners who find patients mentally ill for the purposes of this Act, empowering in such circumstances as may be prescribed the Director or any medical superintendent or any hospital administrators to require any medical certificate or recommendation to be amended where the same is in any respect incorrect or deficient and providing as to the effectiveness of any certificate or recommendation as so amended, and providing for any matters in relation thereto; providing for the payment oi prescribed fees for all or any examinations and certificates or recommendations authorised or, as the case may be, required under this Act by any stipendiary magistrate, member of the Police Force, or other prescribed person, or by any court. 16. Providing offences against this Act in relation to patients, Offences including in-patients and out-patients of all or any hospitals as well as in relation to other patients, and prescribing the penalties for those offences. 17. Prescribing fees to be paid in respect of any matters relating Fees and . to the administration of this Act by the Director and providing for rcmunerat1.0n exemptions from the payment of such fees; providing for the remuneration, whether by way of allowances or otherwise, of the chairman and members of Tribunals, and of official visitors, and of other prescribed officers. 18. Providing for investigations as to the capacity of any patient ~vcstiga- to manage his estate or otherwise for the purposes of this Act. cuaopnasc1_ ayst otot. patients 19. Prescribing the circumstances when appointments may be Acting made of an acting nearest relative and an acting relative (or either) for n~t the purposes of this Act and providing for the manner in which such relative appointments may be made and enabling an acting nearest relative or relative respectively to have, in relation to any patient, all the functions, powers, and duties or any of these, of the nearest relative or as the case may be, relative, for the purposes of all or any of the provisions of this Act.

872 Mental Health Act of 1962, No. 46 Traffic 20. Regulating, controlling, and prohibiting traffic of all or any descriptions in or upon all or any special hospital grounds. Reclassifi- 21. Providing for and with respect to the reclassification, according hr P~=ts cation. . to their mental condition or other medical considerations, of patients m who are for the time being detained in hospitals and providing for osp, the reduction or extension or other alteration of their periods of detention under this Act upon such reclassification. Removal of 22. Making provision for and in relation to the transfer, removal, patients, &c. discharge, and conveyance of patients under and for the purposes of this Act, including, but without limiting the generality thereof, prescribing procedures to be followed in relation to all or any of these matters.