Mental Health Services Act and Another Act Amendment Act 1989 (Qld)

573 MENTAL HEALTH SERVICES ACT AND ANOTHER ACT AMENDMENT ACT ANALYSIS OF CONTENTS 1. Short title PART I-PRELIMINARY PART II-AMENDMENT OF MENTAL HEALTH SERVICES ACT 1974-1988 2. Citation 3. Amendment of s. 16. Psychiatric hospitals, training centres and other places 4. Amendment of Sixth Schedule. Subject Matters for Regulations PART 111-AMENDMENT OF THE ACTS AMENDMENT AND CONSTRUCTION ACT 1988 5. Citation 6. Amendment of s. 5. Construction of s. 13. Visits by official visitors 7. Repeal of s. 6. Construction of s. 16 (3). Psychiatric hospitals, training centres and other places 8. Amendment of s. 7. Construction of provisions concerning trust funds 9. Amendment of s. 9. Construction of Mental Health Services Regulations Q uernslana ANNO TRICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 49 of 1989 An Act to amend the Mental Health Services Act 1974- 1988 in certain particulars and for related purposes and to amend the Acts Amendment and ConstructionAct 1988 in certain particulars [ASSENTED TO 5TH MAY, 1989]

574 Mental Health Services Act and Another Act Amendment Act 1989, No. 49 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Mental Health Services Act and Another Act Amendment Act 1989. PART II-AMENDMENT OF MENTAL HEALTH SERVICES ACT 1974-1988 2. Citation . ( 1) In this Part the Mental Health Services Act 1974- 1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Mental Health Services Act 1974-1989. 3. Amendment of s. 16 . Psychiatric hospitals , training centres and other places . Section 16 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections:- "(3) Subject to the Minister and to the Director-General, the Director is charged with the administration of- psychiatric hospitals; training centres other than those referred to in the second paragraph; and other places (excluding security patients' hospitals) established under this section. Subject to the Minister for the time being administering the Family Services Act 1987-1988 and the chief executive of the department within which that Act is administered, the Director of Intellectual Handicap Services is charged with the administration of training centres conducted as a service of that department. (3A) Responsibility for the administration of a security patients' hospital may be assigned by Order in Council to such person or authority as the Governor in Council considers appropriate whereupon, while the order continues in force, responsibility for the administration of the hospital to which the order relates shall be with the person or authority to whom it is so assigned. Where in respect of any security patients' hospital an assignment under the preceding paragraph has not been made or, having been made, has terminated, then, subject to the Minister and to the Director-General, the Director is charged with the administration of the hospital.". 4. Amendment of Sixth Schedule. Subject Matters for Regulations. (1) The Sixth Schedule to the Principal Act is amended in clause 5 by

Mental Health Services Act and Another Act Amendment 575Act 1989, No. 49 inserting after the words "psychiatric hospitals," the words "security patients' hospitals,". (2) The power to make regulations conferred by section 72 of the Principal Act has always extended to making regulations relating to the administration and good government of security patients' hospitals notwithstanding that those hospitals were not referred to in clause 5 of the Sixth Schedule to the Principal Act. PART III-AMENDMENT OF THE ACTS AMENDMENT AND CONSTRUCTION ACT 1988 5. Citation . (1) In this Part the Acts Amendment and ConstructionAct 1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Acts Amendment and Construction Act 1988-1989. 6. Amendment of s. 5 . Construction of s. 13. Visits by official visitors . Section 5 of the Principal Act is amended by omitting the words "as construed by section 6 of this Act". 7. Repeal of s. 6. Construction of s. 16 ( 3). Psychiatric hospitals, training centres and other places. The Principal Act is amended by repealing section 6. 8. Amendment of s. 7. Construction of provisions concerning trust funds. Section 7 of the Principal Act is amended by- (a) omitting from paragraph (a) the words "as construed by section 6 of this Act"; (b) omitting from paragraph (b) the words "as construed by section 6 of this Act". 9. Amendment of s. 9 . Construction of Mental Health Services Regulations . Section 9 of the Principal Act is amended by omitting from the general words preceding paragraph (a) the words "as construed by section 6 of this Act".