Mental Institution Benefits Agreement Act of 1949 (13 Geo Vi No. 56) (Qld)

38 INSANITY. lI1ental Instittdion Benefits Agreement Act. 13 GEO. VI. No. 56, INSANITY. 13 N G o E . O 5 . 6 V • I . . An Act to Authorise the Execution by the State of THE MENTAL INSTITUTION Queensland of an Agreement between the BENEFITS AGREEMENT ACT OF 1949. Commonwealth of Australia and the State of Queensland relating to Mental Institution Benefits, and for other incidental purposes. [ASSENTED TO 8TH DECEMBER, 1949.J Preamble. lXTHEREAS the execution, on behalf of the Common- VV wealth, of agreements with all or any of the States" relating to the provision of mental institution benefits, substantially in accordance with the heads of agreement set out in the Schedule to the Mental InstitutionBenefitsAct1948 of the Commonwealth is authorised by that Act: AND WHEREAS the said Schedule provides that the Agreement shall not have any force or effect unless and until authorised or approved by the Parliament of the State concerned: AND WHEREAS an Agreement substantially in accordance with the aforementioned heads of agreement has been drawn: AND WHEREAS it is desirable that the Parliament of this State should authorise and approve the entering into and making for and on behalf of this State of that Agreement- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by th~ authority of the same, as follows : - Short title. 1. This Act may be cited as " The M ental Institution Benefits Agreement Act of 1949." Execution of 2. The execution for and on behalf of the State of . Agreement. Queensland of an Agreement in the terms set out in the Schedule hereto between the Commonwealth of Australia and the said State is hereby authorised. Executed 3. The Agreement authorised by section two of i: ~ gree~ ~ n~ t~ this Act shall, when executed for and on behalf of the G~ ~ett: ' e aforementioned parties, be published by the Governor in Council by Proclamation published in the Gazette, , and upon such publication that agreement shall be deemed to be approved by this Parliament, and shall have force and effect accordingly.

INSANITY. 1949. Mental TnstittdioJl Benefits Agreement Act. Such Proclamation shall be laid before Parliament within fourteen sitting days after the publication thereof,. if Parliament is then in session and actually sitting for the despatch of business, or, if Parliament is not then in session or, if in session, is not then sitting for the despatch of business, within fourteen days after the commencement of the next session or, as the case may be, the date upon which Parliament next sits for the despatch of business. The term "sitting days" means days upon which Parliament actually sits for the despatch of business. THE SCHEDULE. MEMORANDUM OF AGREEMENT made the day of One thousand nine hundred and forty-nine BETWEEN THE COMMONWEALTH OF AUSTRALIA (hereinafter called" the Common- wealth ") of the one part and THE STATE OF QUEENSLAND (hereinafter called "the State ") of the other part WHEREBY IT IS AGREED as follows: 1. The Commonwealth shall subject to compliance by the State with the provisions of this agreement pay to the State by way of financial assistance in respect of qualified persons in Mental Institutions amounts determined in accordance with this Agreement. 2. 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 Rate by the number of patient-days in that financial year or part thereof and for the purposes of this clause the State shall in respect of each mental institution furnish to the Commonwealth statements showing the number of patient-days :- (a) during each period of three months ending on the last days of September December March and June in each financial year;. and (b) during the financial year ending on the thirtieth day of June in each year PROVIDED that the latter statement shall be furnished within three months after the expiration of the financial year and shall be certified by the Auditor-General of the State. 3. The State shall ensure that no means test is imposed on, and that no fees are charged to or in respect of, qualified persons. 4. 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. 5. For the purposes of the agreement, the number of patient- days in a financial year or part thereof shall be the sum ofthe numberof complete days on which each qualified person was a patient in a mental institution during that financial year or part thereof (the day of the admission -and the day of discharge being together counted as one day). 39

INSANITY. Mental Institution Benefits Agreement Act. 13 GEO. VI. No. 56, 194!1. 6. T~ s agreement shall not have any force or effect unless and until authorised or approved by the Parliament of the State. 7. This agreement shall commence on the first day of November One thousand nine hundred and forty-nine and shall remain in force for a period of five years and thereafter until determined by either party by one calendar year's previous notice in writing given at any time. S. In this agreement: "the Commonwealth Mental Institution Benefit Rate" means an amount which shall be determined by dividing the total amount recovered by the State from or in respect of patients in mental institutions during the financial year ended on the thirtieth day of June One thousand nine hundred and forty-eight by the number of patient days during that year, or such other greater amount 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 institution 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 or a person who is receiving care and treatment under control or supervision in a mental institution and 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 Common-· wealth or by another State. IN WITNESS WHEREOF the of the Commonwealth on behalf of the Commonwealth and on behalf of the State have hereunder set their hands the day and year first hereinbefore written. SIGNED by the fCoormamnodnwoenaltbhehalfinof tthhee} presence of : SIGNED by the 1 j for and on behalf of the St... in the pre",noe of,