Mental Health (De Facto Relationships) Amendment Act 1984 (NSW)

MENTAL HEALTH (DE FACTO RELATIONSHIPS) AMENDMENT

ACT, 1984, No. 151

Jieto &outf) OTale*

ANNO TRICESIMO TERTIO

ELIZABETHS O REGINS

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Act No. 151, 1984.

An Act to amend the Mental Health Act, 1983, with respect to the rights of
de facto partners of persons in relation to the carrying out of certain

December, 1984.]

medical or therapeutic treatments on those persons. [Assented to, 10th

2   Act No. 151

Mental Health (De Facto Relationships) Amendment 1984

BE 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: —

Short title.

This Act may be cited as the "Mental Health (De Facto Relationships) Amendment Act, 1984".

1.

Commencement.

(1) Sections I and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2 (2) of the De Facto Relationships Act, 1984.

2.

Amendment of Act No. 178, 1983.

3.      The Mental Health Act, 1983, is amended in the manner set forth in

Schedule 1.

Application of Act.

4. Where the day appointed and notified under section 2 (2) of the Mental Health Act, 1983, in respect of Part X of that Act is not later than the day appointed and notified under section 2 ( 2 ) of the De Facto Relation- ships Act, 1984, the amendments made to the Mental Health Act, 1983, by this Act shall apply to and in respect of—
(a)	an application under Division 1 of Part X of the Mental Health Act. 1983, for consent to perform psychosurgery on a patient, being an application which has not been finally determined before the day appointed and notified under section 2 (2) of the De Facto Relationships Act, 1984; and

Mental Health (De Facto Relationships) Amendment 1984

(b) the performance on a patient of a surgical operation referred to in Division 3 of Part X of the Mental Health Act, 1983, being a surgical operation which has not been performed on the patient before the day appointed and notified under section 2 (2) of the De Facto Relationships Act, 1984.

SCHEDULE 1.

(Sec. 3.)

AMENDMENTS TO THE MENTAL HEALTH ACT, 1983.

(1) Section 146 (1 ), definition of "nearest relative"—

(a)	In paragraph (b), before "where", insert "except as provided
by paragraph (bl ) ," .

(b) From paragraph (b), omit "or" where lastly occurring.

(c) After paragraph (b), insert:—

(bl ) where the patient is not married but—

(i)   in the case of a man, is living with a woman as her husband on a bona fide domestic basis— the woman; or

(ii)   in the case of a woman, is living with a man as his wife on a bona fide domestic basis—the

man; or

(d) In paragraph (c), after "spouse" wherever occurring, insert ". de facto spouse".

(2) (a) Section 175 (1) (b )—

Before "where", insert "except as provided by paragraph (bl),".

(b) Section 175 (1 ) (b) —

Omit "or" where lastly occurring.

4   Act No. 151

Mental Health (De Facto Relationships) Amendment 1984

SCHEDULE 1—continued.

AMENDMENTS TO THE MENTAL HEALTH ACT, 1983—continued.

(c)	Section 175 (1) ( b l ) — After section 175 ( I ) (b), insert:—
(bl )	where the patient or person is not married but—

(i)   in the case of a man, is living with a woman as her husband on a bona fide domestic basis—the woman; or

(ii)   in the case of a woman, is living with a man as his wife on a bona fide domestic basis—the man; or

(d) Section 175 (1) (c)— After "spouse" wherever occurring, insert", de facto spouse".