Mental Hygiene Act of 1938 (2 Geo Vi No. 21) (Qld)

17038 INSANITY. PART VIII.- ~ - - " - - - - - * ; P~i~ ~!~ Mental Hygiene Act. 2 GEO. VI. No. 21, PROVISIONS OF "THE : : : r~ ~ (2.) Where in *" The Criminal Code" or in any other - \ ~ ~ 8. ? ·F Act or law or rule reference is made to the expression General. " a person of unsound mind" or to an " insane person" ~ ~ n. ~ t~~ :lOn or to "a person not of sound mind" or to " a lunatic" Oriminal or such like terms or expressions, such terms or ~ : ~ : r' ~ ~ ~ ~ expressions shall for the purposes of applying, reading, &c. 'or construing this Act and *" The Crimmal Code" or such other Act or law or rule be and be deemed to be a reference to a backward person as defined in this Act, and this Act and *" The Cr'iminal Code" or such other Act or law or rule shall be applied, read, and construed accordingly. 2 N G o E . O. 21 V . I. An Act to Consolidate and Amend the Law relating THE MENTAL to the Care, Treatment, and Control of HYGIENE ACT OF 1938. Mentally Sick Persons. [ASSENTED TO 24TH NOVEMBER, 1938.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consen1t of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART 1.- I'RELIMINARY. PART I.-PRELIMINARY. Short title 1. (1.) This Act may be cited as "The Mental amcnoedmnmt. ence· p H r y o g v i i e d n e e d, A sh c a t ll o c f om19e38in"to anodp, erastuiobnjecotn aas daottehetrowibsee proclaimed by the Governor in Council by Proclamation published in the Gazette. Such date shall hereafter be referred to as the commencement of this Act. Repeal of existing Acts. (2.) t" The Insanity Act of 1884" and t" The Insanity Act Amendment Act of 1935" are, subject as is herein otherwise provided, repealed. The said Acts are herein collectively referred to as the repealed Acts: Savings. Provided as follows, but without prejudice to any of the provisions of §" The Acts Shortening Acts " - (a) No proceedings or acts or things done or contracts made under the repealed Acts before * 63 Vie. No. 9, Schedule 1., and amendinglActs,)upra, pages 344 et seg. t 48 Vie. No. 8, supra, page 1003. t 26 Geo. V. No. 34, supra, page 15445. § 31 Vie. No. 6 and amending Acts, supra, pages 15 et seq.

1938. INSANITY. Mental Hygiene Act. 17039 PART 1.- PRELIMINARY. the commencement of this Act shall be invalidated, prejudiced, or affected by such repeal; (b) All proceedings initiated before the commence- ment of this Act shall be carried on, as far as practicable, according to the provisions of this Act, and subject thereto, according to the provisions of the repealed Acts, which shall for that purpose be deemed to continue in force notwithstanding the repeal thereof; (c) All persons lawfully in custody or detained in any mental hospital, prison, or other place of confinement at the commencement of this Act under the provisions of the repealed Acts shall be deemed to be in lawful custody under the provisions of this Act and may be dealt with accordingly; (d) All appointments made or deemed to have been made under the repealed Acts shall, subject to any other provisions of this Act, be deemed to have been made under this Act; (e) All orders made for the reception and detention of persons under the repealed Acts shall be deemed to be reception orders made under this Act in respect of such persons, and the provisions of this Act shall apply thereto and to all persons detained thereunder accordingly; (j) Any person detained after inquisition under the repealed Acts shall be deemed to have been found to be mentally sick by inquisition under this Act, and the provisions of this Act shall apply to that person accordingly ; (g) The Public .Curator, being appointed the committee of the estate of any person under the repealed Acts and/or being authorised ' to administer the estate of any person under the repealed Acts shall be deemed to have been so appointed and/or authorised under this Act, and shall have the same powers, authorities, duties,and liabilities as if he had

17040 PART 1.- PRELIMINARY. General construction of "The Oriminal Oode" and other Acts, &c. INSANITY. Mental Hygiene Act. 2 GEO. VI. No. 21, been so appointed and/or authorised, and all the provisions of this Act shall apply with respect to any such estate accordingly; (h) Every committee of the person of any person other than the Public Curator appointed under the repealed Acts shall until it is otherwise ordered by the Supreme Court continue to have the same powers, authorities, duties, and liabilities as if this Act had not been passed, and the provisions of the repealed Acts shall continue to apply and extend to that committee accordingly; (i) All regulations and Rules of Court made under the repealed Acts or pursuant to any other Act or law with respect to mentally sick persons and in force at the commence- ment of this Act shall so far as is consistent with this Act be deemed to have been made thereunder, and shall continue in force until amended or repealed under this Act. More- over, the forms in the Schedules to the repealed Acts shall so far as is consistent with this Act be deemed to have been made thereunder and shall with any necessary amendments or modifications continue in force until amended or repealed under this Act; (j) Every person (other than the Public Curator) who has been appointed as a guardian or receiver of the estate of any person under the repealed Acts or has been authorised by or in pursuance of those Acts to administer or manage that estate otherwise than as the committee thereof shall, until it is otherwise ordered by the Supreme Court, continue to have the powers, duties, authorities, and liabilities in respect thereof as if this Act had not been passed, and the provisions of the repealed Acts shall continue to apply with respect to any person so appointed or authorised accordingly; (k) Where in *" The Criminal Code" or in any other Act or law or rule reference is made to the expression " a person of unsound mind" or to * 63 Vic. No. 9, Schedule I., as amended, supra, pages 344 et seq.

1938. INSANITY. Mental Hygiene Act. 17041 PAJlT 1.- PRELIMINAJlY. an "insane person" or to "a person not of sound mind" or to " a lunatic" or such like terms or expressions, such terms or expres- sions shall for the purposes of applying, reading, or construing this Act and *" The Criminal Code" or such other Act or law or rule be and be deemed to be a reference to a mentally sick person as defined in this Act, and this Act and *" The Criminal Code" or such other Act or law or rule shall be applied, read, and construed accordingly 0 (3.) This Act is divided into Parts, as follows : - PART I.-PRELIMINARY (SS. 1-2); PART Il.-ADMINISTRATION (SS. 3-5); Parts of Act. PART IlL-MENTAL HOSPITALS- Division I.-Mental Hospitals (ss. 6-14), Division 11.-.Provision for the Care and Treatment of Mentally Sick Persons in a Hospital (s. 15), Division III.-Private Mental Hospitals (so 16), Division IVo-Licenses for the Care, Treatment, or Control of a Single Patient (so 17), Division Vo-Provision as to the Detention ?f Mentally Sick Persons Otherwise than in Accordance with this Act (s. 18); PART IVo-MENTAL HOSPITALS FOR CRIMINAL MENTALLY SICK PERSONS (s. 19); PART Vo-PROVISIONS RELATING TO THE MAKING AND AMENDING OF MEDICAL CERTIFICATES (ss. 20-23) ; PART VI.-PATIENTS- Division I.-Power of Superintendent of Mental Hospital to Receive Mentally Sick Persons Notwithstanding any Incorrectness or Deficiency in any Medical Certificate or Document (so 24), Division II.-Voluntary Patients (ss. 25-28), Division III.-Temporary Patients (ss. 29-32), Division IV.-Certified Patients (ss. 33-45), * 63 Vie. No. 9, Schedule 1., as amended, supra, pages 344 et seq.

17042 PART J- PRELIMINARY. INSANITY. Mental Hygiene Act. 2 GEO. VI. No. 21, Division V.-Care and Control of Patients- Discharge of Patients (ss. 46-48), Escape of Patients (s. 49), Absence on Leave of Patients (s. 50), Transfer of Patients (s. 51), Division VI.-Power of Supreme Court to Direct an Inquiry as to the Condition of a Patient (ss. 52-53); PART VII.-MENTALLY SICK PERSONS UNDER DETENTION FOR OFFENCES, &c. (ss. 54-61) ; PART VIII.-ADMINISTRATION OF ESTATES OF MENTALLY SICK PERSONS (ss. 62-100) ; PART IX.-INDEMNIFYING PERSONS IN RESPECT OF ACTS DONE IN GOOD FAITH IN PURSUANCE OF TillS ACT (s. 10l); PART X.-OFFENCES (ss. 102-108); PART XL-SPECIAL PROVISIONS RELATING TO PERSONS RESIDING AND ORDERS AND DECLARATIONS MADE ELSEWHERE THAN IN QUEENSLAND- Division I.-Preliminary (ss. 109, HO), Division II.-Powers of Public Curator (ss. Ill, H2), Division III.-Resealing Orders and Declarations in Lunacy Made Elsewhere (s. H3); PART XII.-MISCELLANEOUS (ss. H4-115). Interpreta- 2. In this Act, unless the context otherwise indicates, tion. the following terms have the meanings set against them respectively, that is to say :- Court. " Court "-The Supreme Court or any judge thereof: Director- General of Health and Medical Services. " Director-General of Health and Medical Services "-The Director-General of Health and Medical Services appointed under *" The Health Act of 1937" and in office for the time being:' the term where necessary includes the Deputy Director-General of Health and Medical Services appointed under *" The Health Act of 1937 " and in office for the time being; . . • 1 Geo. VI. No. 31, BUpra, page 16597.

1938. INSANITY. Mental Hygiene Act. 17043 PART 1- PRELIl\IIN ARY. " Director of Mental Hygiene"-The Director of Director of Mental Hygiene appointed under this Act ; ~ ;~ ! :~ e. "Government medical officer "-The medical Government officer appointed by the Governor in Council ~ ~ ~ ~ ~ ~ l for any city, town, or place; . " Guardian "-In relation to a person under the Guardian. age of eighteen years this expression includes any person having charge of the person under the age of eighteen years ; " Hospital "-A hospital to which Part Ill. or Hospital. Part IV. of *" The Hospitals Act of 1936 " applies; "Medical certificate"-A certificate signed by a Me~ical medI·Ca1 pract 1 · lOtn·er·m pursuance 0 f th· IS A C t ; certificate . "Medical practitioner"-A medical practitioner Medi~ a. l within the meaning of t" The Medical Acts, practltlOner. 1925 to 1935," or any Act amending or in substitution for the same; . "Mental hospital "-A mental hospital estab- Mental lished under this Act; hospital. " Mentally sick person"-A person who owing to ~ entally men t a I SI . C k ness reqUI . res care, t rea t men t , suck person. and/or control for his own good or in the public interest, and is for the time being incapable of managing himself or his affairs; " Minister"-The Secretary for Health and Home Minister. Affairs or other Minister of the Crown for the time being charged with the administration of this Act; "Patient"-A mentally sick person receiving Patient. care, treatment,. and/or control in terms of this Act; "Prescribed"-Prescribed by this Act; Prescribed. "Private mental hospital "-A private hospital Private for the time being licensed as a private mental : ~ ; ~ ~ ~ l. hospital under f' The Health Act of 1937 " ; " Public Curator"-The Public Curator appointed Public under the provisions of §" The Public Curator Curator. Acts, 1915 to 1938": the term where necessary includes a Deputy Public Curator; * 1 Geo. VI. No. 4, 8upra, page 15782. t 16 Geo. V. No. 24 and amending Acts, 8upra, pages 11337 et 8eq. ~ 1 Geo. VI. No. 31, 8Upra, page 16597. § 6 Geo. V. No. 14 and amending Acts, 8upra, pages 7056 et 8eq.

17044 PART 1- PRELIIDNARY. Regulations. Stock. Superin- tendent. This Act. INSANITY. Mental Hygiene Act. 2 GEO. VI. No. 21, "Regulations"-Regulations made by the Governor in Council under the authority of this Act; "Stock "-A share or other interest in any company, society, or association, and any fund, annuity, or security transferable in books kept by any company, society, or association or transferable by deed alone, or by deed accompanied by other formalities, and any money payable in respect thereof, and any share or interest therein ; "Superintendent"-The superintendent of a mental hospital and includes a medical superintendent or deputy medical superin- tendent; "This Act"-This Act and all Proclamations, Orders in Council, Rules of Court, and regulations thereunder. PART 11- ADMINIS- TRATION. PART n.-ADMINISTRATION. Power to Make Regulations for the Administration of this Act. Regulations. 3. (I.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the object~ and purposes of this Act and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing provisions, such regulations may provide for- (i.) Regulating the form and mode of proceeding in all cases under this Act other than those prescribed by section sixty-two of this Act ; (ii.) Prescribing the duties of the Public Curator with respect to the management of the estates of mentally sick persons;

INSANITY. ---- ~ - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - ~ - - - 1938. J.}Iental Hygiene Act. 17045 PART II.- ADMINIS- TRATION. (iii.) Prescribing the forms required by this Act and such other forms as may be necessary or convenient for the administration of this Act: Provided that when any forms are pre- scribed, forms to the like effect may be used and shall be sufficient; (iv.) Prescribing the keeping and/or form of such books, records, registers, or other documents or the furnishing of such reports or statistics as may be· necessary or convenient for the administration of this Act, and the persons responsible for the keeping or furnishing of same or any of them; (y.) Fixing the fees payable for medical certificates by persons requiring to exercise rights and privileges under this Act, or requiring same under and for the purposes of this Act ; (vi.) Prescribing the fees payable for medical certificates required in the administration of this Act, and the recovery of such fees from persons responsible under this Act; (vii.) Prescribing charges for the care, treatment, and control of patients received into mental hospitals; (viii.) Providing for the general administration of mental hospitals; (ix.) Prescribing the respective duties, responSI- bilities, obligations, and liabilities of medical superintendents, superintendents, medical officers, visiting medical officers, officers, nurses, and other employees in respect of the care, treatment, and control of patients in mental hospitals; (x.) All matters required or permitted by this Act to be prescribed; (xi.) Generally for carrying this Act into effect. G2uerally. The regulations may provide a penalty not exceeding twenty pounds for any breach thereof. Such regulations may be made on the passing of this Act. (2:) All regulations and Orders in Council made or Effect of purporting to be made under this Act shall, upon regulations publication in the Gazette, be of the same effect as if: ~ ~ ~ f~

17046 PART II.- Ammns- TRATION. INSANITY. Mental Hygiene Act. 2 GEO. VI. No. 21, they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. All such regulations and Orders in Council shall be laid before Parliament within fourteen days after the publication thereof if Parliament is then sitting; or if not, then within fourteen days after the commencement of the next session thereof. If the Legislative Assembly passes a resolution disallowing any such Order in Council or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Order in Council or regulation has been laid before it~ such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime, and without prejudice to the power to make any further or other Order in Council or regulation. For the purpose of this subsection, the term " sitting days" shall mean days on which the House actually sits for the despatch of business. Administration Officers. General 4. (1.) The Director-General of Health and Medica.} atidomnionfisAtroat- . Services shall have the general administration of this Act under the direction of the Minister. Annual report. (2.) The Director-General of Health and Medical Services shall as soon as practicable at the term.ination of each year make a report in writing to the Minister respecting the administration of this Act, and such report shall forthwith be laid before Parliament if it be then sitting; and if not then sitting, within fourteen days after the commencement of the next session thereof. Inquiries. (3.) (i.) The Director-General of Health and Medical Services may make or cause to be made such inspections~ investigations, and inquiries as he thinks fit in relation to any matters respecting the administration of 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. (ii:) When any inspection, investigation, or inquiry is made by the Director-General of Health and Medical Services he shall for the purposes of making such inspection, investigation, or inquiry have and may

1938. INSANITY. .1vIental Hygiene Act. 17047 PART 1I.- ADMINIS- TRATION. exercise all the powers, authorities, protection, and jurisdiction of a commission under *"The Official Inquiries Evidence Acts, 1910 to 1929," and may enter and inspect any building, premises, or place the entry or inspection whereof appears to him requisite for the purposes of such inspection, investigation, or inquiry, (iii.) When any inspection, investigation, or inquiry is directed to be made by the Minister or the Director- General of Health and Medical Services,' the person directed to make the same shall for the purposes of making such inspection, investigation, or inquiry have and may exercise all the powers, authorities, protection, and jurisdiction conferred upon the Director-General of Health and Medical Services by this subsection. (iv.) 'Where the Minister has directed an inspection, investigation, or inquiry the Director-General of Health and Medical Services shall as soon as possible furnish a full report of such inspection, investigation, or inquiry to the Minister. (v.) The person so directed by the Director-General of Health and Medical Services to make any inspection, investigation, or inquiry shall as soon as practicable furnish a full report of such inspection, investigation, or inquiry to the Director-General of Health and Medical Services. (4.) The Director-General of Health and Medical Orders. Services may grant permission to any person to visit any patient in a mental hospital; and such permission may be granted subject to such conditions as the Director-General of Health and Medical Services deems necessary, 5. (1.) The Governor in Council on the recom- Appoint- menda.tion of the Public Service Commissioner may ~ ~ nt tOf f for the purposes of the administration of this Act from M~ :~ alr ° time to time appoint a Director of Mental Hygiene, Hygiene. who shall be a medical practitioner and have had experience of psychiatry and mental hospital administration: Provided that the Governor in Council may appoint a medical practitioner to act as Director of t Medical Hygiene notwithstanding that such medical practitioner is not qualified as hereinbefore prescribed. * I Geo. VI. No. 26 and amending Act, supra, pages 748 et seq. t Sic in Gazette; semble "Mental."

17048 PART II.- ADMINIS- TRATION. INSANITY. Mental Hygiene Act. 2 GEO. VI. No. 21, Salary. (2.) The Director of Mental Hygiene shall receive such salary and allowances as the Governor in Council may from time to time decide and shall not carry on, on his own behalf, or be the partner in medical practice of any person carrying on, the profession or business of a medical practitioner. Nature of duties. (3.) The Director of Mental Hygiene shall, subject to the Director-General of Health and Medical Services, be charged with the administration of this Act and shall be responsible for the direction and supervision of every mental hospital, and shall exercise and perform such duties, authorities, powers, and obligations as are expressly imposed or conferred upon him by this Act. Inspections (4.) The Director of Mental Hygiene shall from time iannvdestiga- to time visit and inspect every mental hospital and tions. every private mental hospital with or without previous notice and at any time of day or night as he thinks fit. He may at any time make such inspections, investigations, and inquiries as he deems necessary, and shall make such inspections, investigations, and inquil:ies as are directed by the Minister or the Director- General of Health and Medical Servtces with respect to the care, treatment, or control of mentally sick persons in any mental hospital or with respect to the management of any mental hospital, or with respect to any mentally sick person under care, treatment, or control by a licensed person as a single patient, or with respect to the care and treatment of mentally sick persons in any private mental hospital, or with respect to the management of any private mental hospital. Director to (5.) For the purpose of making any inspection, c b o e m a nlission investigation, or inquiry referred to in the last subsection, under the Director of Mental Hygiene shall have and may IOnfqfiuciirailes exercise all the powers, authorities, protection,. and Bvidence jurisdiction of a commission under *"The Official Inquiries Acts. Evidence Acts, 1910 to 1929," and may enter and inspect any building, premises, or place the entry and inspection whereof appears to him requisite for the purposes of such inspection, investigation, or inquiry. Report of investiga- tion. (6.) (i.) When the Minister has directed any investi- gation or inquiry to be made by the Director of Mental Hygiene, the Director of Mental Hygiene shall as soon as possible furnish a full report of such investigation or inquiry to the Minister. -- - ~- - ----c-:c-c---------::----------c * 1 Geo. VI. No. 26 and amending Act, supra, pages 748 et seq.

1938. INSANITY. ~ /JIIental Hygiene Act. 17049 PART II.- ADMINIS- TRATION. (ii.) When the Director-General of Health and Medical Services has directed any investigation or inquiry to be made by the Director of Mental Hygiene, the Director of Mental Hygiene shall as soon as possible furnish a fun report of such investigation or inquiry to the Director-General of Health and Medical Services. PART IIl.-MENTAL HOSPITALS. Division I.-Mental Hospitals. PART III- MENTAL HOSPITALS. . Division I- f{ ~: ~ ft~ IS. 6. The Governor in Council may from time to time Establish- by Order in Council establish mental hospitals for the : : ~ ~ a~ f care, treatment, and control of mentally sick persons, hospitals. and may in like manner abolish any mental hospital. The premises of the institutions established under Ce~ tll: in the repealed Acts, known as the Goodna Mental Hospital, ~ ~~ ~ ;; ~ ~ons Ipswich Mental Hospital, Willowburn Mental Hospital, to be and Townsville Reception House shall be mental : O~ ~ ~ ~ ~ ls. hospitals for the care, treatment, and control of mentally sick persons under this Act under the following names, respectively, namely:- The Brisbane Mental Hospital; The Ipswich Mental Hospital; The Toowoomba Mental Hospital; The Townsville Mental Hospital. Private Accommodation. 7. (1.) Private accommodation for the care, Private treatment, and control of mentally sick persons may be a?commoda- provided at any mental hospit~ i. All the provisions tlOn. of this Act shall apply to such private accommodation, which shall be deemed to be a part of the mental hospital, and all persons admitted thereto shall be subject to the provisions of this Act respecting the care, treatment, and control of mentally sick persons in mental hospitals. (2.) The Director of Mental Hygiene and the Powers of medical superintendent of the mental hospital in which D/ ; to~ 1 private accommodation has been provided shall with ~ ygi: ~ e~ respect thereto exercise and perform the duties, authorities, obligations, and powers imposed or conferred upon them by this Act. (3.) (i.) Any person admitted to the private Admissions. accommodation in any mental hospital may be visited by his private medical practitioner" who may consult

17050 INSANITY. PART III.- MENTAL HOSPITALs. Mental Hygiene Act. 2 GEO. VI. No. 21, Divifion 1- N::t1azs. with the superintendent of such mental hospital concerning the care, treatment, and control of such person. (ii.) Any such person may, with the consent of the superintendent, which consent may, with the approval of the Director of Mental Hygiene, be withdrawn at any time, be nursed by his private nurse or nurses at his own expense, provided that such nurse or nurses hold the mental nursing certificate or have had a training or experience which would, in the opinion of the superintendent, qualify such nurse or nurses to nurse a mentally sick person. (iii.) Such private nurse or nurses shall be subject to the control and direction of the superintendent, and shall conform thereto and to the provisions of th~ Act. Appoint- ment of medical superin- tendent. Officers. 8. (1.) The Governor in Council may for each mental hospital appoint a medical superintendent and, if he deems it necessary, may appoint a deputy medical superintendent. No person shall be so appointed unless he is a medical practitioner : Provided that the Governor in Council may, in the case of a mental hospital which is established primarily for the temporary reception of mentally sick persons, appoint a visiting medical officer and a superintendent, who need not be a medical practitioner. Appoint- ment of medical officers. (2.) The Governor in Council may for any mental hospital appoint such medical officers and officers as he deems necessary. Appoint- (3.) The Minister may appoint such number of mnuernsetsoafnd nurses and other employees as may from time to time other be approved. employees. Duties and respon- sibilities of medical superin- tendent. (4.) The medical superintendent of every mental hospital. or, except as is otherwise provided by this Act, the superintendent of every mental hospital, shall, subject to the Director of Mental Hygiene, have the control and management thereof and be responsible for the care, treatment, and control of the mentally sick persons therein, and shall exercise and perform the duties, authorities, obligations, and powers expressly imposed or conferred upon him by this Act:

INSANITY. 17051 1938. Mental Hygiene Act. PART m.- MENTAL HOSPITALS. ------------------------DiviBion J- Provided that in the case of a superintendent whoN;;'tfabJ. is not a medical practitioner the duties, authorities, obligations, and powers respecting the treatment of patients shall, subject to the Director of Mental Hygiene, be exercised and performed by the visiting medical officer. Records. 9. The superintendent of every mental hospital Records. shall keep or cause to be kept such registers, books, and records as may be prescribed and shall enter or cause to be entered in such registers, books, and records such particulars as are prescribed and at the times and in the manner prescribed: Provided that when the entries to be made in any register, book, or record refer to the mental or bodily condition of a patient the medical officer for the time being in charge of such patient shall be responsible for the due making of such entries. Production of Records. 10. (1.) The superintendent of every mental Production hospital shall produce to the official visitor or official of records. visitors- (a) A list of all the patients then in the mental hospital, distinguishing males from females, and patients as voluntary, temporary, or certified, and specifying such as are deemed curable; (b) The several registers, books, and records prescribed by this Act to be kept ; (c) Such orders and other documents relating to such of the patients as the official visitor or visitors r~ quires or require to be produced to him or them; and (d) All letters written by patients which, pursuant to section twelve of this Act have not been forwarded. (2.) He shall give full and true answers to the best of his knowledge to all questions asked by the official visitor or visitors with reference to any patient or patients in the mental hospital.

17052 INSANITY. PART III.- MENTAL HOSPITALS. Mental Hygiene Act. 2 GEO. VI. No. 21, Division 1- Ng:tfals. Notices. ! ?; : ! ~ - iO 11. (1.) Within forty-eight hours after the give to reception of a patient into a mental hospital the MDHyiergneicteatnloer aof DsuipreecritnotrenodfeMntesnhtaalll Hinygtiheenepraescnroibtiecde foofrmthseenredcteopttihone state~ ent together with a statement showing under which section ~ ~ ~ ' ; ~ ! hich of this Act the patient was received. ~ ~ ~ ! i~ ~ tOihe (2.) Within seven days after the reception of a pati~nt was patient the superintendent shall in the prescribed form admItted. signed by the medical officer for the time being in charge of such patient send to the Director of Mental Hygiene a statement as to the mental and bodily condition of the patient. ~ otices of (3.) Within twenty-four hours after the discharge, dtrIasnchsfaerrg,e&, c. t ransI C er, absence on 1 eave, cance 11 at'IOn 0 f 1 eave, ret urn from leave, escape, or return from escape of any patient, the superintendent shall in the prescribed form send a written notice thereof to the Director of Mental Hygiene. dcNaeouatstihceeoaafnsdto ment ( a 4 l .) ho( is.) piItnal cthasee suopf etrhinetednedaetnht osfhaallny( inpaatdideinttioinn to a dea~ h of b any notice respecting the death required by any law in speantItetnot to eIorcee rle at'mg to t he regI.stratI.On 0 f deaths )' In t he ~irectfr of prescribed form send to the Director of Mental Hygiene, H; ~ r: ne. within twenty-four hours after the death, a notice signed by the medical officer for the time being in charge of such patient of the death and apparent cause of death and the names of all persons present at the death. Notice to relatives, &c., and Public Curator. (ii.) The superintendent shall forthwith send to the nearest known relative or friend notice of the death of any patient. (iii.) Should the death of any patient be caused by accident, suicide, or homicide, or where the cause of death is unknown, the superintendent shall forthwith notify the coroner. (iv.) The superintendent shall, within twenty-four hours of the death of any patient, notify the Public Curator in the prescribed form. Lwpaertititteteenrnstsbtyo imme 1 d 2 ia . te (1 ly .) sTenhde sourpecraiunsteentdoenbteosr elnictenusneodppeenresdonesvhearlyl CtMoriobnweisnte, r&ocf. , laetstienrgwleripttaetniebnyt aanpdaatidednrteisnseadnytomaennytaMl hinoisspteitraloof r tbhye ufonrowpaerndeedd. GCreonwerna,l juofdgHe eoafltthheanSduprMemedeicCaol urSt, erovricteos, theorDitroecttohre- Director of Mental Hygiene, or to an official visitor.

INSANITY. 17053 1938. Mental Hygiene Act. PART I1I.- MENTAL HOSPITALS. - - - - Division 1.- (2.) The superintendent shall send or cause to be : ~ ifal •. sent to the person to whom it is addressed every letter Superin. written by a patient unless he prohibits the forwarding ~ ~ ~ : t may of such letter by a memorandum to that effect under his certain hand on the letter, in which case he shall lay the letter ~ ~~: ~t~ d before the official visitor or official visitors next thereafter officer or visiting the mental hospital, or he may befo.re such vis.it V o~ IS ~ t I i o a r l . forward the letter by post to an official VIsitor, and III either case the official visitor shall deal with and dispose of the letter as he thinks fit. (3.) Any officer or servant employed in any mental hospital who is requested by a patient to forward any letter, or who has in his possession any letter written by a patient, shall immediately deliver the same unopened to the superintendent of such mental hospital. Official Visitors. 13. The Governor in Council may for every mentalo.fl!.cial hospital appoint two or more official visitors, one at VISItors. least of whom shall be a medical practitioner, and the other or others barristers-at-law, solicitors, or police magistrates or persons who have at any time been qualified to hold appointments as police magistrates. The official visitors or one of them shall visit the mental hospital to which they are appointed once at least in every month, and shall make special visits concerning the administration of this Act or particular matters concerning such administration at such times as the Minister or the Director-General of Health and Medical Services may direct. Such visits may be made without previous notice and at such hours of the day or night as the official visitor or official visitors making same thinks or think fit, or as may be directed by the Minister or the Director-General of Health and Medical Services. A report shall be transmitted to the Director of Mental Hygiene immediately after each visit by the official visitor or visitors who made such visit and such report may deal with any matter concerning the administration of this Act. When the Minister directs the official visitors or one or more of them to make a visit to any mental hospital, the report shall be made direct to the Minister

17054 INSANITY. PART III.- MENTAL HOSPITALS. Mental Hygiene Act. 2 GEO. VI. No. 21, DiIliBion 1.- : ~ . immediately after such visit, and such report shall deal with the matter or matters specified in the direction of the Minister. Where the Director-General of Health and Medical Services directs the official visitors or one or more of them to make a visit to any mental hospital, the report shall be made direct to the Director-General of Health and Medical Services immediately after such visit, and such report shall deal with the matter or matters specified in the direction of the Director-General of Health and Medical Services. An official visitor may be appointed for two or more mental hospitals. The official visitor or visitors shall examine and sign all registers, books, and records required to be laid before him or them in terms of this Act. The official visitor or visitors shall on every visit enter in the official visitors' book the fact of his or their . visit, with such observations as he or they thinks or think fit. Powers of official visitors. 14. (I.) The official visitor or visitors visiting any mental hospital may require the superintendent to show him or them every part of such mental hospital and every patient therein. Power of officer and official visitors to SUIDIIlon witnesses. (2.) The official visitor or visitors visiting any mental hospital may require by summons in the prescribed form any person to appear before him or them to testify on oath the truth touching any of the matters respecting which such official visitor or visitors is or are by this Act authorised to inquire. Penalty. And every person who, having had his reasonable expenses paid or tendered to him at the time of service of such summons, does not appear pursuant to such summons, or does not. assign some reasonable excuse for not so appearing, or who appears after tender of such reasonable expenses and refuses to be sworn or examined, shall for every such failure to appear or refusal be liable to a penalty not exceeding ten pounds. Also to And such official visitor or visitors may also examine epxerasmoinnsenot on oath any person appearing as a witnes~ or present sUIDIIloned. at the time of any such inquiry touching any of the matters aforesaid, although no. such summons as aforesaid has been served upon him.

INSANITY. 17055 ~ - - ~ " - - - " - - " " - " - - " " - " ~ . - - . " - - - 1938. Mental Hygiene Act. PART III.- MENTAL HOSPITALS. ~~- Division 1I.- Division II.-Provision for the Care and Treatment ~ ~ OVjS; ; en j;:)j o if M en t a II y S ~ · c k P ersons ~ . n a H osp~ 't a l . MTreenattmalelnyt.Si o c f k Persons ~ n a 15. (1.) (i.) The Governor in Council may from Hospital. time to time by Order in Council establish at any hospital ~ ra; : t: ~ ~ t in association with and as part of such hospital a place o~ mentally for the care and treatment of mentally sick persons saltC h k o~ p p e I ~ t s a o l n s s . or persons suspected to be mentally sick. (ii.) The medical superintendent or medical officer of such hospital may receive any mentally sick person into any such place in such hospital at the request of any such person, or if such person is incapable of expressing himself as willing or unwilling to receive treatment, then at the request of the husband or wife, father or mother, son or daughter, brother or sister, or a relation of the person to whom such request relates, and may, if satisfied that any such person is cured of mental sickness, or sufficiently cured to enable such person to be discharged, discharge such person: Provided that no person under the age of eighteen years shall be so admitted, but such person may be admitted on the application of a parent or guardian. (iii.) Such place shall be subject to inspection by the Director of Mental Hygiene, who may exercise in that behalf all the powers conferred on him by subsections four, five, and six of section five of this Act. (2.) The Governor in Council may from time to Establish· time • b • y Orde • r in Council establish at any • hospital in m 0 rehnotS O P ~ ' tP a lart assoClatlOnWlth and as part of such hospItal a mental as m.ental hospital or a part of any hospital to be a mental hospital hOspItal. for the purposes of this Act or such of the purposes of this Act as may be prescribed by the Order in Council,. and this Act shall apply and extend to such mental hospital if established for the purposes of this Act, and if such mental hospital is established for certain purposes of this Act only, then such of the provisions of this Act as are prescribed by the Order in Council establishing same shall apply and extend thereto. . (3.) The medical superintendent or medical officer Removal of of any hospital may by certificate under his hand remove su~ - pec~ d any person (being a patient in such hospital) suspected pa!en s. by him to be mentally sick from any general ward in such hospital to any part of such hospital established under either subsection one or subsection two of this section. F

17056 INSANITY. PART III.- MENTAL HOSPITALS. Mental Hygiene Act. 2 GEO. VI. No. 21, Di1'ision II.- --- - -- ~ -- ~ -~ Provision for tlte Care and (4.) The medical superintendent or the medical MTreenaitamlleynt Si o c f k officer of a hospital shall, within forty-eight hours after H Pe o r s s p o i n ta s l. in a he has removed or received any person into a mental Notice to hospital associated with or forming part of such hospital DGierneecrtaolr- of or into a place established at and in association with nnd Health and as part of such hospital for the care and treatment of ; SMOelTdiiccaels. mDiernetcatlolry- Gseicnkerpael rsoofns, HgeiavleththaenpdresMcreidbiecdal noSteircveicteos thoef such removal or reception. ImmWlity (5.) The medical superintendent or medical officer osuf pmeeridnitceanl . of any such hospital, or the committee or member thereof, dent, &c. or the Board or member thereof, or any medical officer, officer, secretary, nurse, employee, or servant thereof is indemnified against all actions, claims, suits, indictments, or other proceedings for any act, matter, or thing done or purporting to be done in accordance with this section. Dirision IlI.- Private N~: ; ~als. Division lll.-Private Mental Hospitals. License for 16. (1.) A private mental hospital licensed. under : ! ~ ~ ! ~ *"The Health Act of 1937" shall be deemed to be a private hospitals. mental hospital under this Act. : : ~ ~ al (2.) (i.) Every private mental hospital licensed for practitioner twenty or more beds shall have at all times a medical taoppboeinted. practitioner resident therein. Visitation (ii.) Every private mental hospital licensed for less ~ edical than twen~ y beds s~ ~ ll be visited twice a week at least practitioner. by a medICal practItIOner. (iii.) The appointment of every medical practitioner appointed for the purposes of this section shall be approved by the Director-General of Health and Medical Services. Notice to (3.) The licensee of any private mental hospital DGierneecrtaolr- of shall, within forty-eight hours after the admission Health and thereto of any person as a patient, give the prescribed. MSeerdviicceasl. notice of such admission to the Director-General of Health and Medical Services. Inspection (4.) In addition to any powers of inspection pre- obfy MDiernetcatlor scribed under *" The Health Act of 1937," every private Hygiene. mental hospital shall be subject to inspection by the Director of Mental Hygiene, who may exercise in that behalf.all the powers conferred on him by subsections four, five, and six of section five of this Act. ~ -~ - - - - - - - - ~ - - ~- --~ --- - - ~ ~ * I Geo. VI. No. 31, supra, page 16597.

INSANITY. 17057 1938. Mental Hygiene Act. PART IIJ.- MENTAL HOSPITALS. I Division IV.- Dwision IV.-Licenses for the Care, Treatment, or ff:ea::e,f or Control of a Single Patient. ~ ~ ~ ~ ; ' : ! te~ } aor • Single Patient. I 7. (1.) The DIrector-General of Health and Licenses for Medical Services may at his absolute discretion and r~ ception of upon such terms and conditions as he thinks fit, grant ~ 1~ t1~ ~ t. to any person a license for the care, treatment, or control of the mentally sick person named in such license as a single patient. Such license shall prescribe that the person named therein as a single patient shall be regularly visited by a medical practitioner, who shall be required to forward such certificates at such intervals as to the mental and bodily condition of the patient as the Director-General of Health and Medical Services deems necessary. (2.) The Director-General of Health and Medical Services may at any time in his absolute discretion revoke such license, and in such case shall take such steps under this Act as he deems fit for the care, treatment, or control of the patient named therein. (3.) The person who is licensed under this section to care for, treat, or control a patient shall send the same notices and statements of absence on leave, can- cellation of leave, return from leave, death, escape, and return after escape as are in this Act required to be sent by a superintendent. Division V.- Provision as to D ~ · v . ~ . swn V . - P rom . s . wn as to t h e D etentw . n· O . J .f' M enta II Y tMheenDtaeltleyntiSoinck of Sth ~ · t • c sk APcte. rsons 0 th erw~ . se than ~ . n Accor adnce w ' ~ t h iwPOneitthrhseAorcwntchsioissredatAhncacten. 18. (1.) If the occupier or inmate of any premises Duty?f keeps or det~ins a mentally sic~ pers?n therein, although ~ ~ c: 6; & ~ he IS a relatIve of such occupIer or mmate, beyond the detention of period of a year after the mental sickness ha • s become 8 ~ 1 e C knt p a e l r l s y on, apparent and confirmed and such mentally sICk person during any part of such period has required coercion or restraint, such occupier or inmate shall notify such keeping or detention to the Director-General of Health .and Medical Services, and if it is desired by such occupier or inmate that such person should remain under private care, a statement of the reasons why such person should be permitted to continue to remain under same. (2.) If a medical practitioner is attending such mentally sick person he shall also notify such keeping or detention to the Director-General of Health and

17058 INSANITY. PART III.- MENTAL HOSPITALS. .1J1 ental Hygiene Act. 2 GEO. VI. No. 21, Division V.- t P h r e ot D 'i8 e i t o e n nti a o 8 n to of M e d l ' Ca I S erv ' lCes, an d s h a 11 at t h e same t' Ime [, orwar d : ' ~ ~ ~ Y Sick a written certificate to the Director-General of Health ? ~ ~ ' : . 1~ : d~ ~ ~~ and Medical Services setting forth the condition of the Wt h thtS Act. person so kept or detained. (3.) The Director-General of Health and Medical Services may thereupon make or cause to bemade such inquiry in the matter as he deems necessary, and may cause the person so kept or detained to be examined by two medical practitioners, neither of whom shall with respect to such person be under any of the disabilities prescribed by section twenty-two of this Act. Removal after inquiry. (4.) If both such medical practitioners make and sign with respect to the person so detained a medical certificate in the form and containing the particulars prescribed by section twenty-one of this Act, and if upon such inquiry it appears that the circumstances are such as to render the removal of such person to a mental hospital necessary or expedient, the Director-General of Health and Medical Services may order the removal of such person accordingly, and the order of the Director- General of Health and Medical Services under his hand shall be sufficient authority to the superintendent to receive such mentally sick person accordingly. (5.) No person shall receive to board or lodge in any house or premises, or take the care, treatment, or control of any mentally sick person except for the purpose of the temporary custody of such person during his removal for care, treatment, or control under this Act: Provided this subsection shall not apply to any person who has not undertaken the care, treatment, or control of any SU9h person for reward or remuneration or to a committee or person appointed by the court or otherwise authorised by this Act, or to the licensee of a private mental hospital. PART lV.- MENTAL HOS( ~ ITALS PART IV.-MENTAL HOSPITALS FOR CRIlVIINAL MENTALLY FOR RIMINAL M~ ~ ~ ~LLY SICK PERSONS. PERSONS. Mental • • • 19. (1.) The Governor III CounCIl may from tIme to hospitals time by Order in Council establish a mental hospital fmoer nctrailmlyinal £ or t he care, treatment, and controI 0 fC" rImma1 menta11y sick persons. sick persons at any prison or other place, and may by

INSANITY. 17059 - - - - - - PART IV.- 1938. 2JfentaZ Hygiene Act. MENTAL HOSPITALS FOR CRIMINAL MENTALLY the same Order in Council or in any further or other SICK PERSONS. Order in Council or Orders in Council prescribe such conditions as are deemed necessary for the care, treat- ment, and control of criminal mentally sick persons in such mental hospital. Such mental hospital shall be deemed to be a mental hospital under this Act. (2.) When a mental hospital for the care, treatment, and control of criminal mentally sick persons has been established in accordance with this section, then any person committed to a mental hospital in terms of Part VII. of this Act, shall be committed to a mental hospital established under this section. (3.) Where a mentally sick person has been received into a mental hospital as a certified patient under Part VI. of this Act, and such person has had a criminal record, and in the opinion of the Director of Mental Hygiene should be under care, treatment, and control in a mental hospital established under this section, the Director of Mental Hygiene may transfer such person accordingly, and may at any time transfer such person back to any other mental hospital. PART V.-PROVISIONS RELATING TO 'l'HE MAKING AMENDING OF MEDICAL CERTIFICATES. Medical Certi- J { < ;cates. AND J: ; ; ~ sT6; ; " RELATING TO THE MAKING AND AMENDING OF MEDICAL CERTIFICATES_ 20. Every medical certificate made and signed for Medical the purposes of this Act shall for all purposes be evidence certificate of the facts therein stated as known to or observed by ! ~ i~ : nce of the certifying medical practitioner, and of the opinion certain therein stated to have been formed by the certifying facts. medical practitioner as to the condition of the person to whom the certificate relates. 21. (1.) The following rules shall be observed in Particulars mofakt hin I · S g Aancdt, scigenrtil ' n f gym . mgedtihcaalt ctehretifpiceartseosnfsornathmeedpu' mrpotshees citnoonbmt 6 ae . mdiecdal certificates are mentally sick , that is to say :_ c ce e r r t t ~ l f f i y c. m at g e (i.) The certificate shall be in the prescribed : : ! ~ : ~ y form; sick. (ii.) The medical practitioner making and signing the certificate shall state his qualifications in the certificate;

17060 INSANITY. PART V.- PROVISIONS RELATING TO THE MAKING AND AMENDING OF MEDICAL CERTIFICATES. Mental Hygiene Act. 2 GEO. VI. No. 21, (iii.) In addition to the· facts indicating mental sickness observed by him, the medical practitioner shall, so far as he is able, state in the certificate- (a) Any further facts indicating mental sickness observed by him on any other occasion, and the date of that occasion, (b) Any facts indicating mental sickness communicated to him by others, and the names and addresses of the persons who communicated those facts, (c) What in his opinion are the factors which caused the mental sickness, (d) Whether in his opinion the person alleged to be mentally sick is suicidal or dangerous, (e) What treatment (if any) has been employed in respect of the mental sickness of such person, (1) What is the bodily health and condition of the person alleged to be mentally sick, with special reference to the presence or absence of communicable disease and recent injury; (iv.) The certificate shall state the day or the last day on which the person to whom the certificate relates was examined; (v.) Except as otherwise provided, the certificate shall cease to have effect on the expiration of fourteen days from the day of the last joint or separate examination; (vi.) Where two certificates are required- (a) The examination by the two medical practitioners may be made jointly or separately, and where the examination has been made jointly one certificate may be made and signed jointly, or separate certificates may be made and signed, (b) If separate certificates are made and signed the grounds shall be stated separately. (2.) Every certificate shall contain a statement that the certifying medical practitioner is not prohibited by this Act from making and signing such certificate. (3.) No certificate shall be sufficient for the purposes of this Act if it purports to be founded only upon facts communicated by others.

INSANITY. 17061 1938. ~ ~ - - - ~ ~ ~ ~ ~ ~ - ~ ~ -- - - - - - Mental Hygiene Act. PART V. ~ PROVISIONS RELATING TO THE MAKING AND 22. (1.) A medical certificate made and signed for A~~~ gi~ ;LoF athney p 0 u f rpt h osee £ s 0 o 11 fotwh . misgApcetrssohnasll: n-ot be made and signed by Wn C o E ht R o T s I i F mg IC na A y TES. certificate. (a) The person signing the request or application, or laying any information; (b) The superintendent or a medical officer of any mental hospital; (c) The person licensed to care for, treat, or control a single patient; (d) The husband or wife, the father, father-in-law, stepfather or stepfather-in-law, mother, stepmother, mother-in-law or stepmother- in-law, son, stepson, son-in-law or stepson-in- law, daughter, stepdaughter, daughter-in-law or stepdaughter-in-law, brother, stepbrother, brother-in-law or stepbrother-in-law, sister, stepsister, sister-m-law or stepsister-in-law, or the partner, principal, or assistant of any of the persons mentioned in paragraphs (a), (b), or (c) of this subsection, or of the person alleged to be mentally sick or the guardian or trustee of that person; (e) An official visitor under this Act; (j) Any person by whom the reception order is made. (2.) Neither of the persons signing any such medical certificate shall be the father, stepfather, father-in-law or stepfather-in-law, mother, stepmother, mother-in- law or stepmother-in-law, son, stepson, son-in-law or stepson-in-law, daughter, stepdaughter, daughter-in-law or stepdaughter-in-law, brother, stepbrother, brother-in- law or stepbrother-in-law, sister, stepsister, sister-in- law or stepsister-in-Iaw, husband or wife, or the partner, principal, or assistant of the other of them. Amendment of Medical Certificates. 23. (1.) If a medical certificate is found to be in Medical aconnysernetsp 0 ef cttheinpcoo1rI· Creecmt aogrI. stdraetfeiciwehnt 0 mit admeaty. h, e wreictehptIt. Ohne cm pr oa a n c ys t , e i nw t t i I, ~ t m h er order, be ~ mended by .the medical practitioner who : : : ~ ~ ate. made and SIgned the certificate.

17062 INSANITY. PART V.- ) r~ i. ! . ~ ; ~ ~ s Mental Hygiene Act. 2 GEO. VI. No. 21, TO THE MAKING AND AMJ~ ~ g: LOF (2.) If the Director of Mental Hygiene deems any ~ ~ RTI: CAT~ S. medical certificate to be in any respect incorrect or M~ :~afr 0 deficient, he may at any time require the same to be Hygiene. amended by the medical practitioner who made and ammaeyndrmeqenmt re s . Igned t he same; and·In t he case 0 f a person a dm· Itted of 'fi to a mental hospital by a reception order if the medical certl cates. certificate is not amended to his satisfaction he may direct that a fresh inquiry be made by a police magis- trate under section thirty-six of this Act, or he may if he thinks fit order the discharge of the person to whom the reception order relates. . (3.) Every medical certificate amended under this section shall take effect as if the amendment had been contained therein when it was signed. (4.) If the Director of Mental Hygiene directs that a fresh inquiry be made, the police magistrate shall accept such direction in lieu of an aplpication under PART VI.- section thirty-four of this ~ ct. PATIENTS. Divi8ion 1.-' Power oj Superin- PART VI.-PATIENTS. tendent oj HMoesnptaitlal to Division I.-Power of Superintendent of Mental Hospital Receive Mentally Sick to Receive Mentally Sick Persons Notwithstanding Persons N otwilhstandinu any I ncorrectnes8 or Deficiency in any Medical any I ncor' rectne8.~ or Certificate or Document. Deficiency in any Medical Certificate or 24. No person shall be received into a mental Document. hospital except as provided in this Act: ""hen reception Provided that the superintendent may receive any into mental such person into the mental hospital, notwithstanding hporoshpiibtailted. that any medical certificate or document is found to be in any respect incorrect or deficient, if he is satisfied that such medical certificate or document substantially complies with this Act and that such person should be received into the mental hospital for care, treatment. or control: Provided further, that the superintendent shall take immediate steps to have such medical certificate or document amended to comply with this Act. Dit'ision II.- Voluntary Patients. Division II.-Voluntary Patients. Voluntary 25. (1.) Any person who is desirous of voluntarily patient. submitting himself for care and treatment for mental sickness may, by application in the form prescribed, apply to the medical superintendent of any mental

INSANITY. 17063 1938. .il1ental Hygiene Act. PART VI.- PATIENTS• Division II.- Voluntary hospital for reception as a voluntary patient to such Patients. mental hospital for care and treatment. Every such application shall be supported by a medical certificate in the prescribed form. (2.) No person under the age of eighteen years shaH Persons be received as a voluntary patient on his own application, ~ f~ 7:h~ ~: n but a parent or guardian of such person may make years. the application on his behalf. Every such application shall be supported by a medical certificate in the prescribed form. (3.) The medical certificate referred to in either of the Medical last two subsections shall state that the person to whom certificate. it relates is likely to be benefited by being received into a mental hospital as a voluntary patient for care and treatment for mental sickness. (4.) Any person received as a voluntary patient Notice of . under this section may leave the mental hospital upon intention to giving to the superintendent seventy-two hours' notice leave. in writing of his intention so to do, or if he is a person under the age of eighteen years upon such notice being given by a parent or guardian. 26. (1.) If any person received into a mental When hospital as a voluntary patient becomes, in the opinion person not of the medical superintendent, at any time incapable of~ ~ t~ fned as expressing himself as willing or unwilling to continue to voh.'ntary receive treatment he shall not thereafter be retained as a patwnt. voluntary patient for a longer period than twenty-eight days and shall, if he has not previously been discharged, be discharged on the expiration of twenty-eight days from the date on which, in the opinion of the medical superintendent, he became incapable of so expressing himself, unless in the meantime, in the opinion of the medical superintendent, he has again become capable of so expressing himself or steps have been taken to deal with him as a temporary patient or a certified patient under this Act. (2.) If a person who is under the age of eighteen Neglect of years and who has been received as aforesaid ceases to guardian. have any parent or guardian or if his parent or guardian is incapable of performing, or refuses or persistently neglects to perform, his duty as such, the medical superintendent shall report to the Director of JVIental Hygiene the circumstances of the case and the cOlldition of the patient.

17064 INSANITY. PART VI.- PATIENTS. Mental Hygiene Act. 2 GEO. VI. No. 21, Division II.- Voluntary Patient8. Powers of 27. The Director of Mental Hygiene may) with Director regard to any person received into a mental hospital as a HofyMgieenntea. l voluntary patient- (i.) Allow leave of absence from a mental hospital ;' (ii.) Order the discharge of any such patient from a mental hospital; (iii.) Cause action to be taken to have such patient admitted as a temporary patient under this Act; or (iv.) Cause action to be taken to have such person certified under this Act : Provided that the medical superintendent of a mental hospital may, with regard to any such person, allow leave of absence from a mental hospital. Private medical attendance on patient. 28. Any person received into a mental hospital as a voluntary patient may be visited at any time by his private medical practitioner who may consult with the medical superintendent of such mental hospital concerning the care and treatment of such patient. Division III.- Temporary Patients. Division lll.-Temporary Patients. Temporary 29. (1.) Subject to the provisions of this section, patients. any person likely to benefit by temporary treatment but who is for the time being incapable of expressing himself as willing or unwilling to receive treatment may, on application to the medical superintendent in the prescribed form by the husband or wife, father or mother, son or daughter, brother or sister, or a relation or a step-relation of the person to whom such application relates, be received into a mental hospital as a temporary patient for care, treatment, or control without a request or reception order as hereinafter provided. To be accom. panied by certificate. (2.) The application shall be accompanied by two medical certificates as prescribed, one, if practicable, made and signed by the usual medical attendant of the person to whom the application relates. Application. (3.) An application under this section may be made by some person other than the persons specified in subsection one of this section only if there are no such persons, or if there are special circumstances which would prevent any such person from making the application. Such person shall state in the application the reasons for his making the application.

INSANITY. 17065 PART VI.- 1938. Mental Hygiene Act. PATIENTS. ~ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Division Ill.- Temporary 30. The period during which any person may Pati~ nts. remam. I.n a ment a1 hOSpl'ta1 as a t emporary pat'lent sha 11 PteemrIpOodraforyr not exceed six months. Such period may from time to patient. time be extended by the Director of Mental Hygiene by periods no one of which shall exceed three months but so that tho aggregate period shall not exceed twelve months. 31. Any person received into a mental hospital as When a temporary patient who has, in the opinion of the ~ ~ ~ ~ ~ ~ ary medical superintendent, become capable of expressing ~aybe himself as willing or unwilling to receive treatment, dIscharged. shall within twenty-eight days after such person has so expressed himself be discharged from such mental hospital unless in the meantime, in the opinion of the medical superintendent, he has again become incapable of so expressing himself, or he makes an application to be admitted as a voluntary patient under this Act. 32. The Director of Mental Hygiene may, with Further regard to any p . erson received into a mental hospital as a PD~ lr w e er c ts orof temporary patwnt- of Mental (i.) Allow leave of absence; Hygiene. (ii.) Order his discharge; or (iii.) Cause action to be taken to have such person certified under this Act : Provided that the medical superintendent may allow leave of absence. Division IV.-Certified Patients. Private Request. Division IV.- Certified Patients. 33. (1.) Any person not under the age of twenty- Private one years may make a private request for the reception reque:~ for of any mentally sick person into a mental hospital for recep IOn.. the care, treatment, and control of such person. Such private request shall be in the prescribed form and shall- (i. ) Be authenticated by the signature of a justice or a minister of religion registered to celebrate marriages; (ii. ) Contain the particulars specified in the prescribed form; (iii. ) Be supported by two medical certificates as prescribed by section twenty-one of this Act.

17066 INSANITY. PART VI.- PATIENTS. Dit'i8ion IV.- Oertified Patients. Mental Hygiene Act. 2 GEO. VI. No. 21, (2.) No such request for the reception of any person into a mental hospital shall remain in force as an authority for such reception longer than fourteen days from the date of the medical certificate bearing the earlier date. (3.) On the authority of a request which complies with this s~ ction, the superintendent shall receive the person to whom such request relates. Reception Orders. - frAoecrpepplitcioantior be m 3 ad 4 e . t ( o 1.) a Aponlicaeppmliacgaitsitornatfeobr ya arneyceppetriosonnonrodet runmdaeyr order. the age of twenty-one years (hereinafter referred to as "the applicant") who has personally seen the person to whom the application relates within the three days preceding the day on which the application was signed. (2.) The application shall be in the prescribed form and shall state the grounds on which the application is made and contain the particulars therein prescribed to be furnished by the applicant. (3.) The application may be accompanied by a medical certificate as prescribed by section twenty-one of this Act bearing a date not earlier than three days before the day on which the application was signed. (4.) The application shall be presented to the police magistrate on the day it is signed or within seven days following that day. (5.) All statements contained in the application shall, if required by the police magistrate, be verified by the statutory declaration of the applicant or of some other person. . Justices m.ay 35. (1.) Any power conferred by this Act on a : ! ~~~ r~~ !lCe police magistrate to make a reception order, or to do any in certain other thing preliminary or incidental to the making or cases. execution of a reception order, may be exercised by any two justices of the peace if at the time at which that power is 80 exercised there is no police magistrate within ten miles of the place where it is so exercised who is able to exercise the same. (2.) A statement or recital in any reception order made by two justices of the peace that to the best of their knowledge and belief there is at the time of the making of the order no police magistrate within ten miles

INSANITY. 17067 PART VI.- 1938. Mental Hygiene Act. PATIENTS. - - -. - - - ~ ~ - - - --- --- -- _ _ _ _ _ _ _ _ _ _ Division IV.- Oertified of the place where it is made who is able to make it, or Patients. any statement or recital in the order to the same effect, shall be conclusive proof of the jurisdiction of the said justices so far as the requirements of this section are concerned. . (3.) With respect to the exercise by justices of the powers conferred by this section, all references in this Act to a police magistrate shall extend and apply to two justices. (4.) Any proceedings commenced before two justices in accordance with this section may be continued and completed before a police magistrate. 36. (1 • ) The police . mag . istrate may ex • amine the b B~ y x p a o m l ~ ic a e tion person to whom the applIcatIOn relates at hIS abode or magistrate. elsewhere, and shall call to his assistance two medical practitioners who shall examine the person to whom the application relates. (2.) Unless in the opinion of the police magistrate there is sufficient reason to the contrary, one of the medical practitioners called to his assistance shall be the usual medical attendant of the said person. (3.) If after such examination the medical practitioners are of opinion that the said person is mentally sick and should be received into a menta] hospital for care, treatment, or control, they shall sign and deliver to the police magistrate a medical certificate as prescribed by section twenty-one of this Act to that effect. (4.) Notwithstanding anything in this section, the police magistrate may if he thinks fit accept the medical certificate (if any) accompanying the application as if the medical practitioner signing the same had been duly called to his assistance under this section; and every certificate so accepted shall for the purposes of this Act be deemed to have been given under this section on the date on which it was so accepted. (5.) The police magistrate may also summon as witnesses such persons as he thinks fit to give evidence concerning the mental sickness of the said person to whom the application relates. (6.) If on such certificates being given, and after hearing such other evidence (if any) as the police magis- trate thinks fit, the police magistrate is satisfied that

17068 INSANITY. PART VI.- - - - - - ~ - .. - - - - - - - - - - - - - - - - PATIENTS. ~ Mental Hygiene Act. 2 GEO. VI. No. 21, Dit'isionIV.- _________ Certified PatientIJ. the said person is mentally sick and requires care, treatment, or control in a mental hospital he may make a reception order in the prescribed form authorising the person to whom the application relates to be received into a mental hospital to be named in the said reception order for his care, treatment, or control. (7.) (i.) Subject to this section, a police magistrate may make a reception order authorising any mentally sick person to be placed in the care, treatment, or control of a person licensed to care for, treat, or control such mentally sick person as a single patient under this Act. (ii.) No such reception order shall be made unless the medical practitioners signing the medical certificates certify that it would be safe and convenient for such person to be placed in the care, treatment, or control of such licensed person. (8.) No such reception order shall be made after the expiration of fourteen days from the date of the said medical certificates, or where they do not bear the same date then after the expiration of fourteen days from the date of the certificate bearing the earlier date. (9.) Subject to the provisions of the last preceding subsection, the police magistrate may adjourn the hearing and determination of any application for a reception order from time to time and for such periods as he thinks fit, and may make an order for the care, treatment, or control of the person to whom the applica- tion relates in a mental hospital, hospital, or other suitable place pending the determination of the application. Authority 37. (1.) Every reception order shall be a sufficient oofrdreerc.eption authority to the person therein named to take the person so found to be mentally sick and to deliver him forthwith to the superintendent of the mental hospital named in the reception order, or to the person licensed to care for, treat, or control such person as a single patient, and the said superintendent or person shall receive him in such mental hospital or into his care, treatment, or control accordingly: Provided that no such person shall be so received into such mental hospital, or into the care, treatment, or control of a person licensed to care for, treat, or control such person as a single patient unless the reception

INSANITY. 17069 1938. Mental Hygiene Act. PART VI.- PATIENTS. DiIJiWm IV.- - - - - - -- - --- --- --- --- --- -- - -- - -- - -- - - - - - - - - - - - - - - ~ m~ order, the medical certificates as prescribed, and a copy Patients. of the application are at the same time or have already been delivered to the superintendent of such mental hospital or to such licensed person. (2.) Subject to the next succeeding subsection, a reception order shall cease to be of any force unless the person therein authorised to be received into any mental hospital or into the care, treatment, or control of a licensed person as a single patient is received accordingly within fourteen days of the date of the reception order. (3.)- (i.) When either of the medical practitioners giving a certificate under section thirty-six has certified in writing to the police magistrate, either before or after the making of the order, that the person in respect of whom the certificate is given is not in a fit state to be removed, the police magistrate may, by writing endorsed on the order, suspend the removal of that person and make such order as he thinks fit for the temporary care, treatment, or control of that person; (ii.) The removal of that person shall thereupon be suspended until the same or some other police magistrate, on being satisfied by the certificate of a medical practitioner that such person is in a fit state to be removed and is still mentally sick, authorises by endorsement on the reception order the removal of that person to the mental hospital named therein or to the care, treatment, or control of the licensed person named therein ; (iii.) Unless that person is received into the said mental hospital or into the care, treatment, or control of the said licensed person within fourteen days of the date on which his removal was so authorised, the reception order shall thereupon cease to be of any force or effect. 38. (1.) There shall be payable to medical Fees practitioners out of the Consolidated Revenue Fund in ~ : ~ ~ ~ ~ ~f respect of any certificates given by them on the direction med.ical of a police magistrate or accepted by a police magistrate certificate.

17070 INSANITY. PART VI.- PATIENTS. . Mental Hygiene Act. 2 GEO. VI. No. 21, Division IV.- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Gertiji£d Patients. under subsection four of section thirty-six or subsection four of section thirty-nine of this Act, or as are called to examine any person by the member of the Police Force in charge of a watch-house, lock-up, or other place of detention under section forty-one of this Act, such fees as the police magistrate directs in accordance with any scale from time to time prescribed. (2.) On any application for a reception order the police magistrate hearing the application may, having regard to the circumstances of the case, make an order for the payment to the clerk of petty sessions, by some person liable for the maintenance of the person with respect to whom the application is made, of a sum sufficient to pay the fees payable to medical practitioners in accordance with the said scale and the cost of taking the mentally sick person to the mental hospital and any such order may be enforced in the same manner as an order for the payment of money under *"The Justices Acts 1886 to 1932." (3.) All moneys paid to the said clerk in accordance with such order shall be paid by him into the public account to the credit of the Consolidated Revenue Fund. (4.) When a reception order has been made in respect of any mentally sick person all fees paid under this section out of the Consolidated Revenue Fund to medical practitioners shall be deemed to form part of the cost of his maintenance in a mental hospital, and shall be recoverable accordingly. Procedure in Emergency. Procedure 39. (1.) Where it is expedient in the interest of the ienmcearsgeesncoyf. person alleged to be mentally sick or in the public interest that such person should be placed under care, treatment, or control before an application for a reception order can be made, any person may make a request in the prescribed form to the superintendent of any mental hospital named in the request that the person so alleged to be mentally sick be received into that mental hospital. Such request shall contain the same statements as are required by section thirty-four of this Act. (2.) On receiving the request, accompanied by a medical certificate endorsed with a statement that the * 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 et seq.

INSANITY. 17071 1938. Mental Hygiene Act. PART VI.- PATIENTS. Division IV.- Oertified matter is one of emergency, the superintendent shall Patients. receive the person to whom the request relates for care, treatment, or control: Provided that no person shall be received into a mental hospital under this section after the expiration of seven days from the date of the request or the medical certificate, whichever date is the earlier. (3.) Within twenty-four hours after the reception of the person to whom the request relates the superin- tendent shall forward to a police magistrate copies (certified by the superintendent) of the request and the medical certificate, and the police magistrate shall thereupon as soon as practicable make inquiry and proceed as if the request were an application for a reception order under section thirty-four of this Act. (4.) The police magistrate may if he thinks fit accept the medical certificate accompanying the request as if the medical practitioner signing the certificate had been called to his assistance in accordance with the provisions of section thirty-six of this Act, notwith- standing the fact that the said certificate may be dated more than fourteen days before the making of the reception order by the police magistrate, and every certificate so accepted shall for the purposes of this section be deemed to have been given under section thirty-six of this Act. (5.) If the police magistrate refuses to make a reception order he shall forthwith give notice of his refusal to the superintendent, who shall forthwith discharge the person to whom the request relates. Duty of JJI embers of Police Force in Certain Cases. 40. (1.) Any member of the Police Force who has Du~ y ~ f reasonable cause to believe that any person is mentally ~~:~~~~f sick, and- mentally (a) Is neglected or cruelly treated by any person sick persons. having the care or charge of him; or (b) Is not under proper care, treatment, or it. control, shall forthwith make or cause to be made to a police magistrate an application for a reception order in respect of such person, and may if he deems it necessary for the good of any such person or in the public interest remove any such person to any hospital or other suitable place.

17072 INSANITY. PART VI.- PATIENTS. Mental Hygiene Act. 2 GEO. VI. No. 21, DivitrifmIV.- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ (Jertijied - ~ : : : : ble to (2')blAny member. of thhe Police Forc~ who hllas apply for reasona e cause to belIeve t at any person IS menta y recept~on sick, and- order m certain cases. (a) Is without sufficient means of support; or (b) Is wandering at large; or (c) Has been discovered under circumstances indicating a purpose of committing some offence against the law; or (d) Is suicidal or dangerous; or (e) Acts in a manner offensive to public decency, may apprehend such person and forthwith make or cause to be made to a police magistrate an application for a reception order in respect of such person. Persons (3.) Upon information on oath preferred to a police smicekntally magistrate that a person is believed to be mentally_ sick without under any of the circumstances mentioned in the last sufficient preceding subsection, such police magistrate may by : ~ a; ; ; for order under his hand require a member of the Police wandering at Force- large, &c., maybe arrested. (a) To apprehend such person; and (b) To make, or cause to be made, an application for a reception order in respect of such person. Course to be 41. (1.) When any person is lodged in a watch- ~~ : :: ed house, lock-up, or other place of detention after having person been apprehended in terms of the last preceding section, : : : t~ y the member of the Police Force in charge of such brought watch-house, lock-up, or other place of detention shall jbuesftoircees as soo.n as possible after such person has been lodged and remand therein call to his assistance a Government medical foobrsemrveanttiaoln. officer or, if a Government medical officer is not available, a medical practitioner who is available; and the Government medical officer or other medical practitioner so called shall examine the person apprehended and lodged in such watch-house, lock-up, or other place of detention. He shall issue a certificate as to whether in his opinion- (a) The person so examined is mentally sick; and (b) The mental or bodily condition of the person so examined is such that he should be admitted to a hospital pending an application for a reception order in respect to such person.

INSANITY. 17073 PART VI.- 1938. Mental Hygiene Act. PATIENTS. ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Division IV.- -- Oertified (2.) If the Government medical officer or other Patients. medical practitioner so called gives a certificate to the effect that the person examined should be admitted to a hospital pending. an application for a reception order in respect to such person, the member of the Police Force in charge of such watch-house, lock-up, or other place of detention shall forthwith cause such person to be admitted to a hospital, and the medical superintendent or medical officer of such hospital shaJI receive such person as if such person was admitted under section fifteen of this Act. 42. Notwithstanding anything in this Act contained, Spe~ ial w h ere any person I . S appre h en d e d' ill t erms 0 f su b sec t· IOn fminaddieng by to b6 two or subsection three of section forty of this Act and police an app 1 I · Cat·IOn I.S made t 0 a po 1 I · Ce magI . st rate. c ~ or a imnacgeirsttariante reception order in r~ spect of such person, or where any cases. member of the Police Force has made an application for a reception order in respect of a person in terms of subsection one of section forty of this Act, it shall be necessary for the police magistrate to find that such person- (i.) In the case of a person so dealt with under subsection one of section forty of this Act, is not only mentally sick, but also- (a) Is neglected or cruelly treated by any person having the care or charge of him, or (b) Is not under proper care, treatment, or control; or (ii.) In the case of a person so apprehended under subsection two or subsection three of section forty of this Act, is not only mentally sick but also- (c) Is without sufficient means of support, or (d) Is wandering at large, or (e) Has been discovered under circumstances indicating a purpose of committing some offence against the law, or (j) Is suicidal or dangerous, -or (g) Acts in a manner offensive to public decency, and the police magistrate shall not make a reception order on such application unless a finding as aforesaid applicable in the case is made.

17074 INSANITY. PART VI.- PATIENTS. Mental Hygiene Act. 2 GEO. VI. No. 21, Division IV.- Certified Patients. Where a reception order is made with respect to any person mentioned in section forty of this Act, the police magistrate shall state in the reception order the specific finding made by him under this section in the case of such person. Magistrate may order arrest of person in respect of whom an application for a reception order has been made. 43. Every police magistrate to whom any application is made for a reception order in respect of any person may if he thinks lit by a warrant under his hand in the prescribed form, at any time before the reception order has been made, require any member of the Police Force to apprehend that person and bring him before such police magistrate to be examined and otherwise dealt with in accordance with this Act. Magistrate 44. (1.) Whenever any person in respect of whom smpaeyciaml ake an application for a reception order has been made to a order for police magistrate is brought before that police magistrate dpeentednitnigonthe in custody under the provisions of this Act, the police datipeoptnelriocmafittnihoaen- . tmhaegicsatrrea, tecomntaryol,maankde dseutcehntoiordnerofatshahte ptehrisnokns ifnit afnoyr mental hospital, hospital, or other suitable place pending the determination of the application. (2.) Unless the police magistrate is of opinion that there is good reason for so doing, no such order shall be made for the detention of any person in a prison or other place used for the detention of criminals. Amendment of Reception Orders. Magistrate 45. (1.) If a reception order is, before or within rmecaeypatimonend one month after the reception of any mentally sick orders. person into a mental hospital, or into the care, treatment, or control of the person mentioned therein and licensed to care for, treat, or control such mentally sick person as a single patient, found to be in any respect incorrect or deficient the order may be amended by the police magistrate signing the same. (2.) If the Director of Mental Hygiene deems any reception order made under this Act to be in any respect incorrect or deficient he may require the same to be amended by the police magistrate who made the order; and if the same is not so amended to his satisfaction he may direct that a fresh inquiry be made by the police magistrate under this Act, or he may if he thinks fit order under his hand the discharge of the patient.

INSANITY. 17075 PART V1.- 1938. Mental Hygiene Act. PATIENTS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Division IV.- Certified (3.) If the Director of Mental Hygiene directs that a Patients. fresh inquiry be made, the police magistrate shall accept ;such direction in lieu of an application under section thirty-four of this Act. (4.) Every order amended under this section shall take effect as if the amendment had been contained therein when it was made. Division V.-Care and Control of Patients. Discharge of Patients. Division V.- Gare and ~ ~' l1; ~ ~8~ f 46. If the superintendent of a mental hospital or, ifDiscbarge the superintendent is not a' medical practitioner the on recovery. visiting medical officer, certifies in writing that a patient is recovered or is fit to be discharged, the Director of Mental Hygiene may by order under his hand direct him to be discharged accordingly. 47. The Director of Mental Hygiene may upon the P,?wers of receipt of a certificate of a medical practitioner that a ~ ~ : ~ : fr of patient, who has been permitted to be absent on leave Hygie~ te as under this Act, is no longer mentally sick or that he no ~ ~ 1: !~e~t longer requires to be under care, treatment, and control, discharge such patient at any time during the currency of his leave of absence. 48. Nothing in the last two preceding sections Saving as to shall apply to any person in confinement under Part Part VII. VII. of this Act. Escape of Patients. 49. (1.) Any patient who escapes from any mental Person hospital wherein he is detained or from the control of ebscaptedkmay any person 1 l · Censed to care f or, treat, and controI hl' m weitrheina en as a single patient may on the day of his escape or at thre~ l any time within three months immediately following mon· 18. that day be retaken by any person. (2.) Any patient who is so retaken may be returned to the mental hospital or to the control of the licensed person from which or whom he escaped. (3.) If any such patient is not retaken within the period aforesaid, he shall thereupon be deemed to be discharged. (4.) Within twenty-four hours after every such escape, return, or discharge from a mental hospital an entry shall be made in the proper register.

17094 INSANITY. PART VIII.- - - - - - - - - - - - - - - - - - - - - - - ADMINIS- TRATION OF Mental Hygiene Act. 2 GEO. VI. No. 21, ESTATES OF MENTALLY SICK PERSONS. 77. The Public Curator being appointed as the Certain committee of the estate of a mentally sick person, pexoewrecrissable or being authorised by this Act to administer that estate, with may, with the sanction of an order of the Supreme Court, scaonucrtti.on of do any of the following things ; - (a) Sell any freehold or leasehold property of that person by public auction or private contract in such manner and on such terms and conditions as the Public Curator thinks fit ; (b) Grant or concur in granting leases of any property of that person for such terms and on such covenants and conditions as the Public Curator thinks fit ; (c) Make exchange or partition of any property belonging to that person, and give or receive any money for equality of exchange or partition; (d) Expend money in the improvement of any property of that person, by way of building or otherwise; (e) Execute any power of leasing vested in any such person having a limited estate only in the property over which the power extends; (f) Exercise any power, or give any consent required for the exercise of any power, where the power is vested in that person for his own benefit or the power of consent is in the nature ofa beneficial interest in that person; (g) Expend any moneys belonging t9 that person in the purchase of a home for that person, or for his or her wife, husband, or children. Public Curator may, with sanction of court, execute mortgages for certain purposes. 78. The Public Curator, being appointed as the committee of the estate of a mentally sick person, or being authorised by this Act to administer that estate, may, with the sanction of an order of the Supreme Court, mortgage or charge (with or without a power of sale, and on such terms as the Public Curator thinks fit) any property of that person for the purpose of raising or securing or repaying, with or without interest, money which is to be or which has been applied to all or any of the purposes following;- (a) The payment of the debts or engagements of the mentally sick person;

INSANITY. 17095 - - -- - - - - - - ~-- -- - -- - - - - - - - PART V I I I . - 1938. Mental Hygiene Act. ADMINIS· TRATION OF ESTATES OF MENTALLY (b) The payment of or provision for the expenses PER 8l S O O K NS. of. the future maintenance of that person or his family; (c) The payment of any debts or liabilities in.:. curred by the Public Curator in the exercise of the powers conferred upon him by this Act with respect to the administration of the property of that person. 79. (1.) If the Public Curator after due inquirYExerciseof believes that the value of the estate of any mentally P?;ers t sick person of which he is the committee, or which he : nc~ ~n of tisheaustuhmor 0 isfefdivbeyhuthnidsreAdctpotounaddsmaifntiesrtedre, dduocetsm. ngoat 11 exdceebetds cevosatulaurtetewt 0 hhfaen1 e r B e S and liabilities payable thereout, the Public Curator may £500. thereafter exercise in respect of that estate, without the sanction of an order of the Supreme Court, any of the powers conferred upon him by the two last preceding sections. (2.) If at any time after such inquiry the Public Curator has reason to believe that the value of the estate, after making such deductions as aforesaid, exceeds the sum of five hundred pounds, he shall not thereafter exercise any of the said powers without the leave of the Supreme Court; but nothing in this sub- section shall so operate as to invalidate anything done by the Public Curator in pursuance of the last preceding subsection. 80. When a power is vested in any mentally Public sthicekcpoenrsseonnt oifnatnhye scuhcahrpacetresor notfotrtuhseteeexeroCrI.sgeuoafrdaiapno,woerr uoCfnudcroearutorortmr, desr y, is necessary in the like character or as a check upon the exercise undue exercise of the power, and it appears to the ~~ ~ e: ~ ~: nt Supreme Court to be expedient that the power should be on be~ilf of exercised or the consent given, the Public Curator, being: ~ ta y appointed as the committee of the estate of that person person. or authorised by this Act to administer that estate, may, in the name and on behalf of the mentally sick person, and under an order of the said court made upon the application of any person interested, exercise the power or give the consent in such manner as the order directs.

17096 INSANITY. PART VIII.- - - - - ~ ADMINIS- TRATION OF ESTATES OF MENTALLY Mental Hygiene Act. 2 GEO. VI. No. 21, PE~ SC6' NS. 81. The Public Curator may, in the name and on Public behalf of any mentally sick person, execute and do Curator may all such assurances and things as the Public Curator may eaxsseucruatnece deem necessary f or effectuatm. g any 0 f t he powers con- on behalf of ferred upon him by this Act or by any order of the such person. Supreme Coutr; and a11 assurances and th· mgs so executed or done shall have the same force and effect as if executed or done by the mentally sick person had he not been mentally sick. Public 82. (1.) In the exercise of any of the powers ~ ~~ ~ ~j~~~ to conferred by this Act upon the Public Curator he shall be orders of subject to any orders that may be made in the matter court. by the Supreme Court. Certificate (2.) A certificate under the hand of the Public g~r! ~ ~ l~ f Curator, and sealed with his corporate seal, certifying that his . he has been appointed under this Act as the committee : ; ~ ~ ~ ~ ment of the estate of any person, or that he is authorised under mittee, &c., this Act to administer the estate of any person, and ! ~c~ 7ved in stating the date at which he was so appointed or became ElvidElnce. so authorised, and that such appointment or authority is still in force, shall, until the contrary is proved, be accepted by all courts, officers, and other persons as sufficient evidence of the facts so certified and stated. Power to 83. Where on the trial of an information or ~i; ~ ~ rty of indictment any person has been acquitted on the ground pers~ ns of mental sickness, or upon arraignment upon a criminal athcqeUgIrtoteudndon charge has been found to be mentally sick ' the sheriff of mental shall report the fact to the Public Curator, who shall ~ ~ ~ k: : i~ thereupon make inquiry respecting the property of such benefit. person, and the court may, on being satisfied by the report of the Public 'Curator, or by affidavit or otherwise of the continued mental sickness of such person, and of his being still in confinement, make any such orders with respect to the property of such person and the application thereof for the payment of his debts, or for his maintenance or benefit, or that of his family, or for carrying on his trade or business, or otherwise as may be prescribed in this Part of this Act. Capital 84. All capital moneys coming to the hands of the I c f D ooormmnmeyposanrtto 0 f Ppuarbtliocf Cthueractoomr umnodnerfuthned porfotvhiesiPonusb1o1 • fctChiusraAtoctr,shaanldl fsoharm11 fund. be entitled to the guarantee which is afforded to that common fund.

INSANITY. 17097 PART VIII.--- 1938. Mental Hygiene Act. ADlI!INIS' TRATION OF' ESTATES OF MENTALLY 85. Every estate of which the Public Curator is P~ ; ~ NS. appointed the committee, or which he is authorised by Provisions of this Act to administer, shall be deemed to be placed in Publio the Public Curator's office, and to be administered under ~ : : ~ ; [ Y~ ~ t *" The Public Ourator Acts, 1915 to 1938," and, subject to estates of the provisions of this Act, all the provisions of the said :ri:~ tally Acts shall, so far as applicable, extend and apply persons. accordingly to that estate and to the administration thereof. 86. The Public Curator may, in the name and on Publio behalf of any mentally sick person, and whether suchtCuark e atpororomeeady. mentally sick person is possessed of any estate or not, ings on make any application to the Supreme Court under beha!lff t" The Testator's Family Maintenance Act of 1914" :rioe: per~ ons which that person would be entitled to make if he were uTndteat;r ",The • ~ ~ 8 not mentally SICk. Family Maintenance Act of 1914." 87. Where any mentally sick person whose estate Dissolution is being administered by the Public Curator is a member ;:rtnership of a partnership the Public Curator may, in the name of whioh of such mentally sick partner, dissolve the partnership :ri:~ ~~~ ~on is in the same manner in all respects as such mentally sick member. person could have done had he not been mentally sick. On such dissolution the Public Curator, in the name and on behalf of the mentally sick person, may join with the other partner or partners in disposing' of the partnership property, as well real as persona], whether to such partner or partners or to any other persons, upon such terms and conditions and in such manner as the Public Curator thinks fit. 88. (1.) No person of whose estate the Public Limitation Curator or any other person has been appointed the o~ tr t 1 committee, or whose estate the Public Curator is by this ~o~e: scua Act authorised to administer, shall be c. apable, without owfhopseresoenstsa t o e i the leave of the Supreme Court, of makmg any transfer, a committee lease, mortgage, or other disposition of his property, or of o~ .. any part thereof, or of entering into any contract except ~ rat~ ~ lS­ for necessaries; and every such transfer, lease, mortgage, appointed. or other disposition, and every contract other than for necessaries, shall be voidable by that person or by the Public Curator or other committee on his behalf. ... 6 Geo. V. No. 14 and amending Acts, supra, pages 7056 et seq. "t 5 Geo. V. No. 26, supra, page 6389.

17098 INSANITY. PART VIII.- - - - - - - - - - - - - - - - - - - - - - - - - ADMINIS- TRATION OF ESTATES OF MENTALLY SICK PERSONS. Mental Hygiene Act. 2 GEO. VI. No. 21, (2.) The Supreme Court may by order give leave to any such person to make any transfer, lease, mortgage, or other disposition of his property, or of any part thereof, or to enter into any contract, if the said court is satisfied that such transfer, lease, mortgage, disposition, or con- tract is for the benefit of that person, and that he con- sents thereto with adequate understanding of the nature thereof. (3.) Nothing in this section shall affect the law relating to the validity of wills or other testamentary dispositions. (4.) Nothing in this section shall invalidate any transfer, lease, mortgage, disposition, or contract made or entered into by any such person if the other party thereto proves that he acted in good faith and for valuable consideration and without knowledge that any committee has been so appointed or that the Public Curator was so authorised to administer the estate.. Maintenance 89. (1.) All expenses incurred by the Public ~ ; ~ : ~ ~~ e~ ut Curator in respect of the maintenance of any mentally sick person, or the administration of his estate, shall be charged against and payable out of that estate; and, in addition, there shall be payable in respect of all moneys forming part of that estate and coming under the control of the Public Curator the same commissions and other charges as are prescribed by regulations made . under *" The Public Curator Acts, 1915 to 1938," to be paid out of estates placed in the Public Curator's office. (2.) The amount of all deductions for expenses, commissions, and other charges shall be paid to the Public Curator's account. (3.) The expenses, commissions, and other charges aforesaid shall be payable out of the estate, although the mentally sick person dies or the estate otherwise ceases to be under the administration of the Public Curator before payment thereof. Maintenance 90. (1.) The Public Curator may, out of the ~ ~ ~ ,~ ~~ ~~ ~ s. estate of a mentally sick person who is detained as ~ mentally sick in any mental hospital (other than a person detained under Part VII. of this Act), pay such sum or sums as may be prescribed for the maintenance of such person. * 6 Geo. V. No. 14 and amending Acts, supra, pages 7056 et seq.

INSANITY. 17099 ~ - - --- -- - -- - -- - -- - -- - - ' - - - - PART V I I I . - 1938. Mental Hygiene Act. ADMINIS- TRATION OF ESTATES OF MENTAlLY (2.) The Public Curator may agree with any relative, PE~;~ S. guardian, or friend of a mentally sick person for his Relative &c. maintenance while detained in a mental hospital, and may agr~ e such relative, guardian, or friend shall be entitled to ~ ~ intenance be reimbursed all necessary sums expended in such o[ ment~ lly maintenance with interest thereon out of the estate of SlCk patIent. the patient. (3.) If it appears to the Public Curator that any Justices patient has not an estate or any sufficient estate applicable may ~ ake to his maintenance, he may make an application in ~ ~ o~ er writing- rela.tlOns of patIent (a) To the father of the patient; or for his support. (b) If the father is dead, to his mother; or' (c) If the patient is a married woman, to her husband; or (cl) In other cases to one or more of his or her children being of the age of twenty-one years or upwards, for the payment of a reasonable sum weekly or monthly or othenvise for or towards the maintenance, clothing, medicine, and care of such patient. Such application shall be served either personally or by post. And if such sum is not paid pursuant to such application, the patient, jf a wife, or a child of a living father or mother (whatever the age of such child may be), shall be deemed on complaint made by the Public Curator before any two justices a deserted wife or child within the meaning of the law for the time being in ~ orce relating to the maintenance of destitute or deserted wives and children. And if the patient is a father or mother, with one or more than one child of age and ability to maintain or contribute towards the maintenance of the patient, the Public Curator shall on such complaint as aforesaid .be entitled to such order for maintenance and the enforcement thereof as against such child or children, as the case may be, as by law a deserted child is entitled to as against its father:" Provided that if the father of the patient is, dead and his mother living, the mother shall be deemed for the purposes of this enactment to be liable in the same manner as the father of a deserted child is made liable.

17100 INSANITY. PAltT V I I I . - ~ - ~ ~ - - - ~ ~ . ~ - ~ - ~ - - - - - ~ - - - - - - . - . - - - - - ~ - - - - - - - - - - T~ ~ O~ IS~F ESTATES o~· MENTALLY PE~ SC~ S. Mental Hygiene Act. 2 GEO. VI. No. 21, Every such sum so applied for or ordered to be paid shall be paid to the Public Curator, whose receipt shall be sufficient discharge for such payments. For the purposes of this section where the patient is an illegitimate child, the father of such illegitimate child shall be liable for such patient's maintenance. A complaint as aforesaid may be heard and deter- mined within the Petty Sessions District of Brisbane or within any petty sessions district within which the person proceeded against resides. 6 ublic 91. (1.) The Public Curator shall have power, in o~ ~ : ~ ~ r may the execution of his powers and duties under this Act, to information summon persons before him, or before some person on oath. appointed in writing by hiin in that behalf, and the Public Curator or the person so appointed shall have power to administer oaths and take evidence as to any matters relating to the estate and affairs of the person of whose estate the Public Curator is committee or whose estate he is administering, and to require the production of books and documents relating to those matters. (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, is liable to a penalty not exceeding fifty pounds: Provided that no person so summoned shall be bound to appear according to the exigency of the sum- mons if, in order to appear, he would have to travel more than two hundred miles by the usual way from his usual place of abode to the place where he is summoned to appear. CoAfupPrpaulitbcolaritcion Acts, 9 1 2 9 . 15 (1. t ) o T1h93e8,p"rOmVaISyI,On m s ut o a f tis *" mTuthaendPius, bl b ic e C ap u p ra li t e o d r Acts. so far as may be necessary or desirable for the purposes of this Act. ~ , 6 Geo. V. No. 14 and amending Acts, supra, pages 7056 et seq.

INSANITY. 1710] 1938. -------" Mental Hygiene Act. PART VIlI.- AmnNIS- TRATION OF ESTATES OF MENTALLY (2.) Without restricting any other powers and PE~ SC~ NS. authorities conferred by this Act, the Public Curator Public may apply to the court, ex parte, for directions with Curator respect to the exercise of any of his powers, authorities, ~ a6o~ f£ ~ ~ r and discretions conferred upon him by this Act with directions. respect to the estate of any mentally sick person, and the court may, on such application, make such order in the premises as it thinks fit. 93. Nothing in this Act shall be construed to ~a~infiI f abridge, limit, derogate from, or in any wise affect the P~ btc A. 0 powers, duties, authorities, and responsibilities of the Curator Acts. Public Curator conferred or imposed pursuant to section fourteen of *" The Public Curator Act Amendment Act of 1924," whereby "Part IIlA.-Protection of Aged and Infirm Persons" was inserted in t" The Public Curator Act of 1915," and the provisions of Part IlIA. aforesaid shall be and continue to be in full force and effect. 94. (1.) Where any stock is standing in the name Stock. of ?r is vested in a me:r:tally sick person beneficially : ~ ~ ~ : { l; g to entItled thereto, or a commIttee of the estate of a mentally sick sick person in trust for him, or as part of his property, b: r~ ~ ~ e: J and the committee dies intestate or himself becomes to be mentally sick, or is out of the jurisdiction of or not transferred. amenable to the process of the court, or it is uncertain whether the committee is living or dead, or he neglects or refuses 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 th.e name of or St '_" vested in a person residing out of Queensland, the court na~ ~~ ~ ~ upon proof to its satisfaction that such person has been n: ~ ntally declared mentally sick according to the laws of the ~ ~ ; ~ on P lace w . here the mentally sick person is . residin b a ' and orefstihdiengStoautet that hIS personal estate has been vested III a curator or ffi'ty be other person appointed for the management thereof ~ : jerod to according to the laws of that place, may order some fit transferred. * 15 Geo. V. No. 3, supra, page 11101. t 6 Geo. V. No. 14, supra, page 7056.

17102 INSANITY. PART VIII.- - - - - - - - - - - - - - - - - - - - - - - - - - - ADMINIS· TRATION OF Mental Hyg1:ene Act. 2 GEO. VI. No. 21, ESTATES OF MENTALLY PER S S IC O K NS. person to make such transfer 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. aWtophpmooaisnkhteealdl be trans(f3e.r) oWf hsetorecka,nthoerdpeer rissonmatodebuenndaemr tehdisinActht efoor rtdheer transfer. for making the transfer shall be some proper officer of the company or society in whose books the transfer is to be made. fpSoruormcemedairnygs sick 9 p 5 at . ie I n f t ainsywrreoanlgofur lplyerhseolnda, l dpertoapineertdy, ocfonavmeretendt,alolyr porfoptreocptieornty injured, or if any sum of money is due and owing to of mentally such patient by any person, the Public Curator may claim spiactkients. and recover possession of such property or damages for the conversion or injury thereof, or payment of the said sum by proceedings before the Supreme Court instituted by way of originating summons, which is hereby authorised and required, on proof to its 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 that he be committed to prison for any period not exceeding six months; or the court may direct an action to be brought in respect of the matter of the proceedings. The court may make such order as to costs as it thinks fit, and every order under this section shall have the same effect and may be enforced in the S8,me manner, as any judgment of the court. Committees other than the Publt·c Ctlrator. Supreme 96. (1.) The Supreme Court shall not appoint any ~ ~ us~ ~ f' ; ; t person other than the Public Curator as the committee of rea8o~ given, the estate of any person in pursuance of this Act unless : E~% ~ :tee it is proved to the satisfaction of the court that there is othe~ than some sufficient reason why such person should be so ~~~ ~~ ~ r. appointed in preference to the Public Curator. (2.) ·When any application is made to the Supreme 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 S8ome.

INSANITY. 17103 PART VIII.- 1938. Mental Hygiene Act. ADMINIS- TRATION 01/ ESTATES OF MENTALLY Any such application shall be made to the court PER S S IC O K NS. within three months after a person becomes a patient under this Act, 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 mentally sick person. 97. (1.) When any person other than the Publio PO\h er of Curator has been appointed as the committee of an estate ~ ~ ~ mittee. under this Act, that person shall have in respect of the estate such of the powers conferred on the Public Curator by sections seventy-five to eighty-one, both inclusive, of this Act as the Supreme 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 Supreme Court. (2.) On the application of the Public Curator or any relative of the mentally sick person, any such order may from time to time be varied or rescinded by the said court. 98. (1.) No person other than the Public Curator Pers~ n so shall be appointed as the committee of the estate of any ~ g~ ~ . : ted person in pursuance of this Act until he has given to the security to Public Curator such security as the Supreme Court directs 6~; ;;: r. and approves for the due administration of the estate. (2.) Such s'ecurity may be a bond, with or without a surety or sureties, or such other security as the said court directs and approves. (3.) The said court may at any time, on the applica- tion of the Public Curator, require such committee to give to the Public Curator further or other security for the due administration 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 other- wise to enforce the same accordingly. All moneys so

17104 INSANITY. PART V I I I . - -- - - - - - - - - - - - - -----------~ ADMINIS- TRATION OF Mental Hygiene Act. 2 GEO. VI. No. 21, ESTATES OF MENTALLY PER S S IC O K NS. 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 Supreme Court ex parte for an injunction to restrain any such breach or any threatened breach of duty. aeSssttatatoteemteonbt e than 9 t 9 h . e ( P 1. u ) bl I i t c sChualrlabtoer,thwe hdouthyaosf beeveenryappeprosionnt,edotthheer CrPeuunrbdaleitcorerd. to Acocmt mtoitrteenedoefr tthoe tehsetaPteubolficanCyurpaetrosro, naitnspuucrhsutiamnecse aonf dthiins such form as he shall prescribe, a statement showing the property comprised in the estate, and the manner in which that property has been administered and applied, and the condition of that property, and such other par- ticulars 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. (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 fifty pounds for every such offence. (4.) The Public Curator may cause any such state- ment or the accounts relating thereto to be examined and reported upon by any person he may appoint in that behalf. Percentage 100. (1.) When any person other than the Public o in f m ha o n n d e ~ ys of Curator is appointed the committee of any estate in committee pursuance of this Act, there shall be payable out of that ttoo Pbeubplaicid estate by the committee thereof to the Public Curator, Curator. at such times as the Public Curator prescribes, such percentage, not exceeding one pound for every hundred pounds, 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.

INSANITY. 17105 1938. ~ - - - - -- - - - - - - - - - - - Mental Hygiene Act. PART IX.- INDElINIFYING PERSONS IN RESPEOT OF ACTS DONE IN PART IX.-INDEMNIFYING PERSONS IN RESPECT OF ACTS I~~~ RS~ ~~~ E DONE IN GOOD FAITH IN PURSUANCE OF THIS ACT. OF TillS ACT. 101. (1.) A person who does any act or makes any No liability omission in pursuance or intended pursuance of any of in respee~ of t he prOVI.SI.OnS 0 f t hI' S Act sh a11 not b e under any ageotoddofnaeith III in liability or damages in respect thereof, whether on the p~ . rs~ anee of ground of want of jurisdiction or of mistake of law or of t IS et. fact, or on any other ground, if he has acted in good faith and without malice and with reasonable care. (2.) In any proceedings taken against any such person for any such act or omission the burden of proving that he acted without good faith or maliciously or without reasonable care shall lie upon the plaintiff. (3.) Any proceedings taken against any such person for any such act or omission may, upon application to the court in which they are taken, be stayed if the court is satisfied that there is no reasonable ground for alleging malice or want of good faith or reasonable care, or that the proceedings are frivolous or vexatious or that the said proceedings have been commenced after the expiration of three months after the act complained of as hereinafter provided. (4.) No such proceedings shall be commenced unless within three months after the act or omission complained of or, in the case of a continuance of injury or damage, during the continuance or within three months after the ceasing thereof: Provided that, in estimating the said period of three months so limited for the commencement of proceedings, no account shall be taken of any time or times during which the person injured was in confinement, lawfully or unlawfully, as a mentally sick person. (5.) Nothing in this section shall be so construed as to deprive any person of any defence which he would have independently of this section. (6.) Notwithstanding the repeal of the Principal Act the provisions of section six of *" The Insanity Act Amendment Act oJ 1935 " shall with respect to all acts and omissions occurring prior to the commencement of this Act continue to have full force and operation. (7.) Without limiting the generality of the term "person," the term shall include the Minister, or the Director-General of Health and Medical Services, or * 26 Geo. V. No. 34. supra, page 15445.

17106 INSANITY. PART IX.- I~ ~ ~ ~ 6' : SY~ ~ G .Mental Hygiene Act. 2 GEO. VI. No. 21, RESPECT OF ACTS DONE IN - - - - - - - - - - - - - - - - - - - - - - - - - r~ ' t° ~ luf: ~ the Deputy Director-General of Health and Medical OF THIS ACT. Services, or the Director of Mental Hygiene, or any medical officer, officer, nurse, or employee of such Minister, Director-General, or Director, or any official visitor, or any Hospital Board or member thereof, or any officer or employee or servant thereof, or committee of any hospital or member thereof, or any officer or employee or servant thereof, or any member of the Police Force, or the Public Curator or any officer or employee thereof, or any medical officer. PART x.- OFFENCES. PART X.-OFFENCES. Illegal 102. The superintendent of any mental hospital orercdeeptteionntion commits an indictable offence if he receives or detains in of person that mental hospital, or permits to remain therein, any smicekntall. y mentally sick person, except under the authority and in pursuance of this Act. Harbouring mentally 103. (1.) Any person who without notice to the sick Director-General of Health and Medical Services keeps, person. harbours or conceals or aids in keeping, harbouring or concealing beyond the period of one year a mentally sick person who has during such period been subject to coercion or restraint, and any medical practitioner attending such patient beyond such period who wilfully neglects to disclose the condition of such person to the Director-General of Health and Medical Services shall, for every such offence be liable to a penalty not exceeding two hundred pounds or to imprisonment for any period not exceeding three months. (2.) In any prosecution for an offence against this section, if it is proved that the person so permitted to reside or so under the care or keeping of the defendant is or was, while so resident, or under care or keeping, mentally sick, the burden of proving that the defendant did not treat such person as a mentally sick person, and of proving that such notice as aforesaid was duly sent to the Director-General of Health and Medical Services shall lie upon the defendant. (3.) Nothing in this section shall apply- (a) To any single patient residing in a house III accordance with this Act; or to (b) Any person lawfully detained under this Act who is absent on leave or is lawfully in custody under the provisions of any Act.

1938. INSANITY. Mental Hygiene Act. 17107 PART X.- OFFENC~ ; S. 104. Every medical practitioner who knowingly F~ lse o~ makes any c la se l , m ' 1S I eadl'ng, or I.mproper st at ement I.n mceIrstliefiacdamteg any certificate under this Act, and every person who by m~ ~ ical signs any certificate under this Act in which he describes practItlOner. himself as a medical practitioner, not being such within the meaning of this Act, commits an indictable offence. 105. Any person who knowingly sets forth in any False not I·Ce, st at ement , or ent ry reqU1. red to b e made by hI' m statements. under this Act any particulars that are untrue, or who in making any such notice, statement, or entry knowingly omits therefrom any material fact, is guilty of an indictable offence. 106. Every superintendent of a mental hospital, Neglect or licensee of a private mental hospital , officer , nurse , oilfl-mtreenattmalelynt employee, person licensed to care for, treat, or control a sick mentally sick person, or other person having the care, person. treatment, or control of any mentally sick person, or employed in any mental hospital or other place in which any such mentally sick person resides, who strikes, wounds, or ill-treats, or wilfully neglects any such mentally sick person is guilty of an indictable offence. 107. (1.) Every person employed in or about any Offen.ce.of mental hospital or private mental hospital or having the ~: ~ :~ : Ing care, treatment, or control of any single patient, is guilty of an indictable offence if he wilfully permits or connives at the escape or attempted escape of a patient. (2.) Every person commits' an indictable offence who knowingly instigates or assists any patient to escape or to attempt to escape from any mental hospital or other place in which any mentally sick person resides, or who knowingly assists any patient who has so escaped to avoid or attempt to avoid being retaken. 108. (1.) Every person who is guilty of any act or Penalties omission in breach of this Act which is not declared to be an indictable offence, and for which no other penalty is expressly provided, is liable on summary conviction under *" The Justices Acts, 1886 to 1932," to a penalty not exceeding fifty pounds. * 50 Vie. No. 17 and amending Acts, 81tpra, pages 1132 et 8eq.

17108 PART X.- OFFENCES. INSANITY. Mental Hygiene Act. 2 GEO. VI. No. 21, (2.) Every person who is guilty of any act or omission in breach of this Act which is declared to be an indictable offence is liable on indictment to a penalty not exceeding one hundred pounds, or to imprisonment, with or without hard labour, for any term not exceeding two years. (3.) In any prosecution for an offence declared by this Act to be an indictable offence, if a police magistrate on the preliminary hearing of the charge considers that the offence is not of a grave nature, he may, with the consent of the person so charged, deal with him sum- marily, and inflict a penalty not exceeding fifty pounds, or imprisonment, with or without hard labour, for any period not exceeding three months. (4.) Every information for an offence punishable summarily under this Act shall be laid by the Director of Mental Hygiene, or by some other person to be specially authorised by him in that behalf in the particular case by writing under his hand. (5.) Every such information shall be heard and determined by a police magistrate sitting alone. (6.) Nothing in this Act shall prejudice or in any PASRPTEC X IA I L .- wise affect the provisions of *" The Oriminal Oode." PROVISIONS RELATING TO PERSONS ~ ~ ~ ~ ~ ~ G: : : PART XL-SPECIAL PROVISIONS RELATING TO PERSONS DECLARATIONS MADE RESIDING AND ORDERS AND DEOLARATIONS ELSEWHERE THAN IN MADE ELSEWHERE THAN IN QUEENSLAND. QUEENSLAND. Division I.- Preliminary. Interpre. Division I.-Preliminary. 109. In the construction of this Part unless tation. inconsistent with the context or subject-matter- British possession. "British possession" means any part of His Majesty's Dominions exclusive of Great Britain and Ireland; Lunacy. " Lunacy" or any term of similar import-The word and its derivatives mean unsoundness of mind or mental sickness. Application 110. (1.) The Governor in Council on being satisfied p n oof . s D sto i e v s i Bs s io ~ o n . r n I tD t h I oa s mt h imt . hoenslaw( osthienr tfhoracne I. i I n I Q auneyenps 1 aarnt d o) farHeissuMe h ajeasstyt' os ~y 1 enable powers to be exercised in that possession in cases ti~ ~~ ama· of mentally sick persons residing in Queensland sub- stantially similar to the powers contained in Division IL * 63 Vie. No. IJ, Suheduie T., and amending Acts, 8upra, pages 344 et seq.

INSANITY. 17109 PART XI.- 1938. Mental Hygiene Act. SPECIAL PROVISIONS RELATING TO PERSONS of this Part of this Act in cases of l'tmatic patients residing RJ~ ~ i: : A~ ~ D in that possession may by Proclamation declare that the DECL~ !~ ~ IONS said Division Il. shall subject to any exceptions and E~ ~ ~~ H~: E modifications specified in the Proclamation apply to QUEENSLAND. that possession and thereupon while such Proclamation ~ ; ~ ft: i~ l; ; ; : is in force the said Division Il. shall apply accordingly. (2.) The Governor in Council on being satisfied Appl. ic~ ~ ion that adequate provision has been made by the laws of ~ if. ~ ~ lsIOn Great Britain and Ireland or of any British possession U~ited (other than Queensland) for the recognition in Great ~ ritfd~ m or Britain and Ireland or any such British possession of poss:ssion by orders and declarations made by the Supreme Court of PItO.rno.clama. Queensland in the exercise of its jurisdiction in lunacy may by Proclamation declare that Division Ill. of this Part of this Act shall subject to any exceptions and modifications specified in the Proclamation apply to Great Britain and Ireland or any such possession and thereupon while such Proclamation is in force the said Division Ill. shall apply accordingly. (3.) The Governor in Council may by further Power to Proclamation revoke or alter any Proclamation under ; r:~ f:: n!~ ' this Part. tion. (4.) Every Proclamation under this Part shall be Publication published in the Gazette and a copy of the same shall be ~~ oclama. laid before Parliament as soon as may be after it is tion. made. D w · ~ . s . wn 11 . - P owers O . J f P U bZ ~ ' C C 'ura t or. Dit'iBion II.- PPouwbleircs of Curator. Ill. If the officer charged by the laws of Great Pow~r of Britain and Ireland or any British possessio.n (other than Pcuurbahtcor on Queensland) with the care, recovery, collectIOn, preserva- certificate tion, and administration of the property and estates ofo~ rop~r lunatic patients in any hospital, asylum, or other place ~ th~ ~ r III situate therein and authoris.ed for the reception and BporsisteiSshSI. On care of persons of unsound mmd- to adminis. Certifies m· wrI.tm. g under his hand and sea I to itner property the PublIc Curator that any person is a lunatic ~ utens! r: nd patient residing in Great Britain, Ireland, or ~ at~ ~~ le sm. ucahnByristuischh phoossspeIstsailo,naasnydlutmh,atohreoitshceornpfilnaecde tpeohoesnsfoeintshseiedornin. and that he is possessed of or entitled to or appears to be entitled to or interested in real or personal property in Queensland; and

17110 INSANITY. PART XI.- SPECIAL PROVISIONS RELATING TO PERSONS Mental Hygiene Act. 2 GEO. VI. No. 21, - - - - - - - - - - - -- - -~ - -- - -- - -- - - RESIDING AND ORDERS AND By instrument in writing under his hand and seal DECLARATIONS MADB authorises the Public Curator to collect, ELSEWHERE THAN IN manage, sell, or otherwise dispose of and QUEENSLAND. administer such property or to make inquiry Division 1I.- Powers of respecting the same, Public aurator. the Public Curator shall have and may exercise over and in respect of such property all his powers of collection, management, sale, disposition, administration, and inquiry and all the provisions of this Act shall apply in respect to such property to the like extent and in the same manner as if such lunatic patient were a resident of Queensland and a mentally sick person within the meaning of this Act. Power of Public 112. The Public Curator may pay over or deliver Curator to to such officer as aforesaid the balance of moneys or ppraoypoerver to properties received by him- officer of other British possession balance of After payment of all costs, charges, and expenses incurred in and about the exercise of the aforesaid powers; and money or property As to all moneys received-after satisfying or received. providing for the debts and claims of all persons resident in Queensland of whose debts or claims he has.had notice, without seeing to the application thereof and without incurring any liability in regard to such payment; and shall duly account for the same to such officer. Ditision III.- ~ ~ d~ ~ ; in~ nd Division III.-Resealing Orders and Declarations in Declarations in Lunacy Made Dunacy ]J;1 ade Elsewhere. Elsewhere. Order or 113. (1.) 'When any order or declaration made idneclluanraatc.yion by a court of competent jurisdiction under the laws of in other Great Britain, Ireland, or any British possession in the BDroimtisinhions exercise of its jurisdiction in lunacy is produced to and to have like a copy thereof deposited with the Registrar of the eQfufeecetnisnland Supreme Court of Queensland such order or declaration on being shall subject to the piLyment of the prescribed duties or resealed. 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

INSANITY. 17111 - - - - - - - - - - - - - - - - - - - - -- ------ - -- 1938. iv[ental Hygiene Act. , -- ---------- ~ . - - - - - PART XI.- SPECIAL PROVISIONS RELATING TO PERSONS the same duties and be subject to the same liabilities R~i~i; ~ A~ ~ D in Queensland as if such order or declaration had been DEC~ t: D' iIONS on.g.lna11y madebyteh COUI' t : ELSEWHERE THAN IN QUEENSLAND. oorth d eerrPrtshohvaanildl etnhdoettPhhuaabvt he. aeoCrguuearxaredtroCiari . nsae, papcnooym. mtmpeoidwttueeenr , c o l erorraaurnet ' y h ceosiunv . cte1yr 1 R L D ODu e re iv d s nc ei ela s a a r i csr h? ya nn at g inoM I dn I as l d i. e n- thereunder after the same has been so sealed until his Elsewhere. appointment has been confirmed by the court or a judge thereof, which confirmation may be granted upon such terms as the court or judge thinks fit or may be refused. (2.) This section shall apply to such orders and Retrospec- cl ec I arations whether made be . l c ore or a f ter the otipveeration of commencement of this Act. section. (3.) This section shall not be construed as in deroga- Saving. tion of the provisions of the Act of the Federal Council of Australasia called and known as *The Australasian See Federal Or~ ers in Lunacy Act 1891 or of section seventy-two of ~ ~ Vi~ ~ l Act th]s Act. No. 1. PART XII.-MISCELLANEOUS. PART XIJ.- MISCEL- LANEOUS. 114. The receipt of a telegram from the Minister, or Instruction Director-General of Health and Medical Services, or b~ telegram, Director of Mental Hygiene, or his deputy, or from any ; I~ ~ ent. supedntendent, or medical officer, or from any police magistrate stating that such telegram was despatched at the same time as or after the posting of any written instruction, notice, order, or other document under this Act, in terms sufficient for the proper identification of the same, shall upon the date of its receipt, and within seven days immediately following, confer upon the person to whom the telegram is addressed the same authority as the receipt of such written instruction, notice, order, or other document in proper form. 115. When any document is required by this Act to What be sent to the Director-General of Health and Medical notices ServI· Ces or t he D· lrector 0 f MentaI Hyg· lene, 1 ·t may be dheaevme ebdeetno sent by post to the office of such Director-General of sent when Health and Medical Services or, as the case may be, to.the posted. Director of Mental Hygiene, and shall be deemed to have been so sent at the time when it was so posted. * 54 Vie. No. 1, supra, page 3632.