Mental Health (Commonwealth Agreement Ratification) Amendment Act 1962 (NSW)
MENTAL HEALTH (COMMONWEALTH AGREE-
MENT RATIFICATION) AMENDMENT ACT.
Act No. 14 ,1962 .
An Act to ratify an agreement made between the Commonwealth of Australia of the one parL and the State of New South Wales of the other part, which agreement is supplemental to and amends the agreement ratified by the Lunacy and Inebriates (Commonwealth Agreement Ratifi- cation) Act, 1937; to amend the said Act and the Mental Health Act, 1958, as amended by subsequent Acts; to validate certain matters; and for purposes connected therewith. [Assented to, 21st May, 1962.]
T>E it enacted by the Queen's Most Excellent Majesty, by •*-* and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : —
| (2) The Lunacy and Inebriates (Commonwealth Agreement Ratification) Act, 1937, as amended by this Act, may be cited as the Mental Health (Commonwealth Agree- ment Ratification) Act, 1937-1962. | (3) |
1. (1) This Act may be cited as the "Mental Health;
(Commonwealth Agreement Ratification) Amendment Act,
1962".
(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
The Lunacy and Inebriates (Commonwealth Agree ment Ratification) Act, 1937, is amended—
2 .
(a) (i) by omitting from subsection one of section two the word "Schedule" and by inserting in lieu thereof the words "First Schedule";
(ii) by omitting from subsection two of the same section the words "for Public Health or the Inspector-General of the Insane" and by insert ing in lieu thereof the words "or the Director- General of State Psychiatric Services";
(b) by omitting section three and by inserting in lieu thereof the following sections : — 3. (1) The agreement, a copy of which is set out in the Second Schedule to this Act (in this Act hereinafter referred to as "the supplemental agree ment") , is hereby approved, ratified and validated and the doing or performance of all such acts, matters or things as are to be or may be done or performed under or in pursuance of the supple mental agreement is hereby authorised and the sup plemental agreement may be carried into effect notwithstanding the provisions of any other Act.
(2) Without prejudice to the generality of subsection one of this section all acts, matters and
things for or with respect to which provision is
made in the supplemental agreement or which, by the supplemental agreement, are agreed, directed, authorised or permitted to be done or performed by or on behalf of the State or the Minister or the Director-General of State Psychiatric Services or by or on behalf of any authority or any other officer of the State (including any officer of police, justice of the peace, magistrate, judge or court) are hereby sanctioned, authorised and confirmed.
3A.
3A. Any act, matter or thing done or performed by the Governor, the Minister, the Director-General of State Psychiatric Services or any authority or any other officer of the State (including any officer of police, justice of the peace, magistrate, judge or court) or by any authority or other officer of the Australian Capital Territory (including any officer of police, justice of the peace, magistrate, judge or court) which would have been lawful if the Mental Health (Commonwealth Agreement Ratification) Amendment Act, 1962, had been in force at the time such act, matter or thing was done or per formed, is hereby validated.
3B . A notification published in the Common wealth of Australia Gazette and the New South Wales Government Gazette to the effect that the form of certificate or manner of endorsement set out in the notification has been agreed upon pur suant to clause four, five or eight of the supple mental agreement shall be conclusive evidence of the matters stated and set out therein.
(c) (i) by inserting before the word "SCHEDULE" in the heading to the Schedule the word "F IRST" ;
(ii) by inserting next after the same Schedule the following new Schedule : —
S E C O N D S C H E D U L E .
| A | S U P P L E M E N T A L | A G R E E M E N T | m a d e | the Eighteenth | day | of |
October One thousand nine hundred and Sixty One B E T W E E N T H E C O M M O N W E A L T H O F A U S T R A L I A (in this agreement called
| " the | C o m m o n w e a l t h " ) | of | the | one | part | and | T H E | S T A T E | O F | N E W |
| S O U T H W A L E S | (in this agreement called "the S ta te" ) | of the other |
| par t . |
W H E R E A S by the agreement referred to in this agreement as the principal agreement provision was m a d e for the reception, detention and maintenance in institutions in the State of insane persons and inebriates commit ted to these institutions by a Court , Judge, Magis trate or Justice of the Peace of the Terr i tory for the Seat of Govern ment acting or purport ing to act under any law of or in force in the Terr i tory, and for other purposes :
A N D
A N D W H E R E A S by the Insane Persons a n d Inebriates (Commit ta l and Detent ion) Ordinance 1936-1937 of the said Terr i tory and the Lunacy and Inebriates (Commonwea l th Agreement Ratification) Act, 1937 of the State the principal agreement was ratified, approved and val idated and the doing or performance of all such acts, mat ters or things as are or may be done or performed under or in pursuance of the principal agreement was author ised:
A N D W H E R E A S it is necessary and desirable to make further provision for the admission and detention of residents of the Terr i tory
in institutions in the State and for other mat te rs :
N O W I T IS H E R E B Y A G R E E D as follows— 1. This agreement shall have no force or effect and shall not be binding on either par ty until it is approved by the Par l iament of the State and by a law of the Terr i tory, so as to validate its execution and so as to authorise the doing or per formance of all such acts, matters or things as a re to be done or performed under or in pursuance of this agreement.
2.—(1.) In this agreement, unless the context otherwise requires— "the Lunacy Act in its application to the Ter r i to ry" means the
Lunacy Act of 1898 of the State as in force in the Terr i tory as amended from time to time by Ordinance of the T e r r i t o r y ;
" the Menta l Heal th Ac t " means the Menta l Hea l th Act, 1958 of the State as amended from time to t ime ;
" the principal agreement - ' means the agreement made the eighteenth day of March , 1936, between the Honourab le Herber t Pa ton FitzSimons, then Minister for Hea l th of the State, for and on behalf of the State, and the Honour able T h o m a s Palerson, then Minister of State for the Inter ior of the Commonwea l th , for a n d on behalf of the
Commonwea l th , a n d set out in the Schedule to the said Insane Persons a n d Inebriates (Commit ta l and Deten t ion) Ordinance 1936-1937 of the Terr i tory and the said Lunacy a n d Inebriates (Commonwea l th Agreement Ratification) Act , 1937 of the S t a t e ; a n d words import ing the masculine gender include females, words in the singular include the plural , and words in the plural include the singular.
(2 . ) In the principal agreement , notwithstanding anything contained therein, and in this agreement
" the Minister"' means the Minister of State of the C o m m o n
wealth for the t ime being administering the Ordinancesof the Terr i tory by which the principal agreement and this
agreement
agreement are approved and includes a member of the Federal Executive Counci l for the t ime being acting for
and on behalf of that Min i s te r ; " the Minister for H e a l t h " means the Minister of the State administering the Menta l Hea l th Act and includes a member of the Executive Council of the State for the t ime being acting for and on behalf of that Min is te r ; and
" the Ter r i to ry" means the Austral ian Capital Terr i tory and includes the Terr i tory accepted by the Commonwea l th in pursuance of the Jervis Bay Acceptance Act 1915 of the Commonwea l th and described in the agreement set out in the Schedule to that Act .
(3 . ) The principal agreement shall, notwithstanding anything contained (herein, be construed as follows: —
(a ) a reference to the Lunacy Act of 1898 of the State shall be read as a reference to the Mental Hea l th Act ;
( b ) a reference to a specific provision of the Lunacy Act of
1898 of the State shall be read as a reference to thecorresponding provision for the t ime being in force, if any,
of the Mental Hea l th A c t ; and (c) a reference to an author i ty or institution of or in the State ment ioned in the Lunacy Act of 1898 of the State shall be read as a reference to the corresponding authori ty or institution, whether of the same or some other name,
ment ioned in the Menta l Hea l th Act .
(4 . ) A reference in the principal agreement or in this agree ment to an act, matter or thing done or to be done or performed or to be performed by the Minister shall be read so as to include an act, mat te r or thing done or to be done or per formed or to be per formed by a delegate of, or a person authorised by, the Minister in that behalf under the laws for the time being in force
| in the | Terr i tory . |
| (5 . ) Subject to the preceding sub-clauses of this clause, words and expressions used in this agreement which are the same as words and expressions to which a meaning is a t t r ibuted in the principal agreement shall, unless the contrary intention appears , have the respective meanings at t r ibuted to them by the principal agreement. |
3 . The principal agreement is amended by omitt ing clause 3
thereof.
A resident of the Terr i tory will be admit ted to and detained in an admission centre in the State for observation and t reatment upon the certificate of one registered medical practi t ioner of the
4.
Terr i tory
Terr i tory in or to the effect of the fo rm set out in Pa r t I of the schedule to this agreement or in such other form as m a y from t ime to t ime be agreed upon by the Minister and the Minister for Hea l th .
5 .—(1.) When two medical pract i t ioners of the Ter r i tory have given certificates in or to the effect of the form set out in Par t I of the schedule to this agreement , endorsed in or to the effect of the form set out in Par t I I of the schedule to this agreement , or in such other form or endorsed in such other manne r as m a y from t ime to t ime be agreed u p o n by the Minister and the Minister for Heal th , and the person with respect to w h o m the certificates were given is taken by a member of the Police Force of the Terr i tory to the admission centre named in the certificates a n d presented to a responsible person there, the person presented shall be admit ted to the admission centre by the authorit ies of the State and detained in the admission centre or in some other admission centre in the State.
(2 . ) When a person is presented to a responsible person at an admission centre in accordance with the last preceding sub-clause, the person presented shall be identified to the satisfaction of the responsible person and there shall be delivered to the responsible person the medical certificates relating to the person presented.
6. A person admit ted to an admission centre in pursuance of clause 4 or clause 5 of this agreement shall be deemed to be subject to the provisions of the Menta l Hea l th Act and any act, mat te r or thing m a y be done or per formed with respect to tha t person, in all respects as if the person h a d been admit ted to and detained in the admission centre in pursuance of subsection (1 . ) of section 12
of the Menta l Hea l th Act . 7 .—(1. ) A resident of the Terr i tory who makes applicat ion or for w h o m application is made , in accordance with the provisions of Par t VI of the Menta l Hea l th Act, for admission to and detention in a n admission centre, menta l hospital or authorised hospital as a voluntary pat ient may , subject to the provisions of that Part , be so admit ted by the superintendent of the admission centre, menta l
respects to the provisions of the Menta l Hea l th Act as a voluntary hospital or authorised hospital . (2 . ) A person so admit ted and detained shall be subject in all pat ient and any act, mat ter or thing m a y be done or per formed in accordance with those provisions with respect to tha t person and, by the Master in the Protective Jurisdiction of the Supreme Cour t of the State, with respect to the estate of that person. 8 .—(1.) W h e r e —
(a )
the Governor -Genera l of the Commonwea l th , acting or pur por t ing to act unde r any law of or in force in the Terr i tory , orders or directs a person to be conveyed to a n d kept in a menta l hospital in the State during the Governor-
Genera l ' s p l e a s u r e ; or
( b )
( b ) the Minister, acting or purpor t ing to act under any law of or in force in the Terr i tory, orders or directs by order that a person be removed to and kept or detained in or re-committed to a menta l hospital in the State,
and the person is by a member of the Police Force of the Terr i tory handed over in the State to and received into the custody of an officer of the Police of the State, the person shall be apprehended and conveyed by the officer of the State to the hospital a n d shall by the authorit ies of the State be received therein and detained in the hospital or in any other menta l hospital in the State.
(2 .) Where a person is handed over to an officer of the Police of the State in accordance with the last preceding sub-clause, the person shall be identified to the satisfaction of the officer and there shall be delivered to the officer the war ran t or order of the Governor- Genera l or Minister, as the case m a y be, a n d the Cour t order, or medical certificates and statement of part iculars , leading to the war ran t or order , together with a s tatement signed by the Minister showing the provision of the Law of the Terr i tory under the author i ty of which the war ran t or order of the Governor -Genera l or Minister or Cour t order was made , and showing further shortly the requirements of such provision.
(3 . ) In any case where medical certificates and a statement of part iculars a re required they shall be in the form of tha t in Schedule T w o of the Lunacy Act of 1898 in its application to the Terr i tory or in such other form as may be agreed upon by the Minister and the Minister for Hea l th .
(4 . ) T h e names of the hospitals in the State which may be referred to in any such war ran t or order shall be communica ted to the Minister by the Minister for Heal th .
9. A person confined or detained in a mental hospital in pur
suance of clause 8 of this agreement shall be deemed to be subject
to the provisions of the Menta l Hea l th Act and any act, mat ter
or thing may be done or performed with respect to that person
in all respects as if the person had been so confined or detained
pursuant to the order of the Governor of the State or the Minister for Heal th , as the case may be, but that person shall be dealt with in accordance with such orders as the Governor -Genera l or the Minister m a y m a k e from t ime to t ime in pursuance of any law of or in force in the Terr i tory , and, except in pursuance of any such order or in accordance with this agreement, shall not be liberated or discharged.
10.—(1.) Where the Governor -Genera l of the Commonweal th ,
acting or purpor t ing to act unde r any law of or in force in the
Terr i tory, permits a person confined in a mental hospital under the
last
last preceding clause to be l iberated therefrom, the war ran t of the Governor -Genera l shall be sent by the Minister to the Minister for Hea l th who shall a r range for the liberation of the person upon such terms and condit ions, if any, as are prescribed in the said war ran t .
(2 . ) If any condit ion upon which a person is l iberated unde r the last preceding clause is broken, the State will, a t the request a n d the expense of the Commonwea l th , take such action to re take that person as it would have taken if the person h a d been l iberated with the permission of the Governor and a condit ion on which he had been l iberated had been broken.
11 . W h e n the Minister, acting or purpor t ing to act under a law
of or in force in the Terr i tory , orders or directs a person detained in pursuance of clause 8 of this agreement to be re turned to the Terr i tory or any gaol or other place of detention in the Terr i tory a copy of the order shall be sent by the Minister to the Minister for Hea l th w h o shall a r range for the delivery of the person to a member of the Police Force of the Terr i tory.
12. If at any t ime a person escapes from the custody of a m e m b e r
of the Police Force or other officer of the Terr i tory by w h o m the person is being conveyed within the State for the purposes of the principal agreement or of this agreement , the State will, a t the expense of the Commonwea l th , take all reasonable action for the retaking of the person and for his re turn to custody or his delivery to the institution to which he was being conveyed.
13. Subject to this agreement and the principal agreement , the provisions of clauses 5, 6, 11 , 12, 13 and 14, and of sub-clauses ( b ) a n d (c ) of clause 16, of the principal agreement shall apply to and with respect to every person, and to and with respect to the proper ty of every person handed over to , and received into custody by, an officer of the Police of the State and to every person and to the proper ty of every person admit ted to an admission centre, mental hospital or authorised hospital in the State in pursuance of this agreement .
14. Unt i l such t ime as is otherwise provided by or in accordance
with the laws in force in the Terr i tory the Master in the Protect ive lur isdict ion of the Supreme Cour t , Depu ty Master and Chief Clerk in the Protective Jurisdiction of the Supreme C o u r t respectively of the State shall carry ou t the functions of the offices of Master in Lunacy, Depu ty Master in Lunacy and Chief Clerk, respectively, under the Lunacy Act in its applicat ion to the Terr i tory .
15. Except in so far as it is varied by this agreement , the prin cipal agreement is confirmed, and clauses 17 and 18 and sub-clause ( a ) of clause 16 of the principal agreement shall apply with respect to this agreement as if this agreement were incorporated in and formed par t of the principal agreement .
16. A notification published in the Commonwea l th Gazet te and
the N e w South Wales Government Gazet te and purpor t ing to have been signed by the Minister and the Minister for Hea l th to the effect tha t the form of certificate or m a n n e r of endorsement set out in the notification has been agreed upon pursuan t to this agreement shall be conclusive evidence of the matters stated and set out .
S C H E D U L E .
P A R T I.
I,
( N a m e in full)
| of. | Medical | Practi t ioner, |
(Address)
| do hereby certify that on the . | . day of. |
19 a t .
(Address of place where examinat ion took place)
| I | personally | examined . |
( N a m e of person in full)
of.
(Address of person examined)
independently of any other medical pract i t ioner a n d I a m of the opinion that the said person is a mental ly ill person and is a suitable case for admission to the Admission Centre at
( N a m e of insti tution)
for observation and t rea tment .
In m y opinion the person examined is: —
(a ) suicidal ;
( b ) dangerous to o t h e r s ; (c) unable to care for himself ;
(d ) not under proper care and control . The facts and other matters upon which I have formed these
opinions are as follows: —
T h e following t reatment and medicat ion (if any ) have been
administered in respect of the mental illness of the person examined: —
So far as I am aware—
(a) the bodily health and condition of the person examined
is ; and
(b )
*(b) the person examined has not suffered any recent injury; or
*(b) the person examined has suffered a recent injury
of which particulars are as follows: —
*Signed this. day of. 19
Signature.
PART I I .
I am of the opinion that the assistance of a member of the Police
Force is desirable in conveying the person examined to the Admission
Centre at. The facts and other
(Name of institution).
matters upon which I have formed this opinion are as follows: —
Signed this. day of. 19
Signature
IN WITNESS WHEREOF this agreement has been executed the day and year first above written.
SIGNED for and on behalf of
THE COMMONWEALTH OF
AUSTRALIA by The Honourable GORDON FREETH, Minister of State for the Interior of the Com monwealth, in the presence of—
GORDON FREETH.
DAVID I. SMITH,
Private Secretary,
SIGNED for and on behalf of Canberra, A.C.T. THE STATE OF NEW SOUTH
WALES by The Honourable
WILLIAM FRANCIS SHEAHAN,
Minister for Health of the State, W. SHEAHAN. in the presence of—
K. H. GAIN, 156 Raglan Street,
Mosman.
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