Mental Institution Benefits Agreement Act 1949 (NSW)

MENTAL INSTITUTION BENEFITS AGREEMENT

ACT.

Act No. 43, 1949.

An Act to authorise the execution of an Agreement between the Commonwealth of Australia and the State of New South Wales relating to the provision of mental institution benefits and to approve such Agreement; to amend the Lunacy Act, 1898-1947; and the Inebriates Act, 1912, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 16th November, 1949.]

BE it enacted by the King"s Most Excellent Majesty, lative Council and Legislative Assembly of New South b y and with t h e advice and consent of the Legis­	Wales in Par l iament assembled, and b y the au thor i ty of
the same, as follows :—

1. This Act may be cited as the " M e n t a l Ins t i tu t ion

Benefits Agreement Act, 1949."

2 . (1) The execution, by or on behalf of the S ta te of New South Wales , of an Agreement wi th the Commonwealth of Aus t ra l i a , re la t ing to the provis ion of menta l ins t i tu t ion benefits, substant ia l ly in accordance wi th the heads of agreement set out in the Schedule to th i s Act, is hereby authorised.

(2) The Agreement as made and executed by or on

behalf of the S ta t e of New South Wales and the

Commonweal th of Aus t ra l i a is hereby approved.

3. (1) The Lunacy Act, 1898-1947, is amended by inser t ing next af ter section one hundred and forty-seven the following new section:—

147A. D u r i n g the per iod within which the

Agreement	executed	and	approved	under	the
provis ions	of	the	Mental	Ins t i tu t ion	Benefits

Agreement Act, 1949, is in force—

(a)	no means test shall be imposed on and no fees shall be charged to or in respect of
qualified persons in menta l ins t i tu t ions ;
(b)	except with the concurrence of the Commonwealth of Aus t ra l i a no charge shall be made to or in respect of qualified persons for services or comforts for which i t was not cus tomary to make a charge as a t the first day of November, one thousand nine hundred and forty-eight.

I n this section the t e rms "qualif ied p e r s o n " and

" m e n t a l i n s t i t u t i o n " shall have the meanings respectively ascribed thereto in the aforesaid Agreement .

(2) The Lunacy Act of 1898 as amended by subsequent Acts and by th is Act may be cited as the Lunacy Act, 1898-1949.

4 . (1) The Inebr ia tes Act, 1912, as amended by subsequent Acts , is amended by inser t ing	next	af ter
section nine the following new sect ion:—

9A. Dur ing the period within which the Agreement

executed and approved under the provis ions of the
Menta l Ins t i tu t ion Benefits Agreement Act, 1949, is
in force—

(a)	no means test shall be imposed on and no fees shall be charged to or in respect of qualified persons in menta l ins t i tu t ions established for the reception, control a n d
t r ea tmen t of inebr ia tes ;
(b)	except with the concurrence of the

Commonweal th of Aus t ra l i a , no charge shall be made to or in respect of qualified persons for services or comforts for which it was

not

not cus tomary to make a charge as a t the first day of November, one thousand nine hundred and forty-eight.

I n this section the t e rms "qualif ied p e r s o n " and

' ' menta l i n s t i t u t ion ' ' shall have the meanings respectively

ascr ibed there to in the aforesaid Agreement .

(2) The Inebr ia tes Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the Inebr ia tes Act, 1912-1949.

THE SCHEDULE.

MENTAL INSTITUTION BENEFITS : HEADS OF AGREEMENT.

1. The agreement shall not have any force or effect unless and

until authorized or approved by the Parliament of the State concerned.

2. The agreement shall be in force for a minimum period of five years and thereafter shall be subject to termination after (here	specify
a period of notice by either party of not less than one year).

3. The Commonwealth shall, subject to compliance by the State with the provisions of the agreement, pay to the State, by way of financial assistance, in respect of qualified persons in mental institu­ tions, amounts determined in accordance with the agreement.

4. The amount to be paid by the Commonwealth to the State for any financial year or part thereof in respect of qualified persons shall be determined by multiplying the Commonwealth Mental Institution Benefit Bate by the number of patient-days in that financial year or part thereof.

5. The State shall ensure that no means test is imposed on, and

that no fees are charged to or in respect of, qualified persons.

6. The State shall ensure that, except with the concurrence of the

Commonwealth, no charge is made to or in respect of qualified persons for services or comforts for which it was not customary to make a charge as at the first day of November, 1948.

7. For the purposes of the agreement, the number of patient-days in a financial year or part thereof shall be the sum of the number of complete days on which each qualified person was a patient in a mental institution during that financial year or part thereof (the day of admission and the day of discharge being together counted as one day).

8. The agreement may contain such incidental and supplementary provisions as are necessary to give effect to the Commonwealth Mental Institution Benefits Scheme.

9. The agreement shall contain definitions substantially to the

following effect and such other definitions as are necessary:—

"the Commonwealth Mental Institution Benefit Rate" means {here insert amount) or such other rate as is, from time to time, agreed upon between the Commonwealth and the State;

"mental institution" means a hospital for the insane, mental hospital, reception house, receiving house or similar institu- tion which—

(a)	is conducted by the State or is in receipt of a grant for maintenance from the State; and
(b)	is for the time being approved by the Commonwealth for the purposes of the agreement;

"qualified person" means a patient in a mental institution who was ordinarily resident in Australia at the time of admission to the mental institution, but does not include a patient whose fees are borne by the Commonwealth or by another State.