Mental Treatment Act 1927 (WA)

No. 13.] Mental Treatment. [1927.

MENTAL TREATMENT.

18° GEO. V., No. XIII.

No. 13 of 1927.

AN ACT to amend the Law relating to Persons suffering

from Mental Disorder.

[Assented to 23rd November, 1927.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title. 1. This Act may be cited as the Mental Treatment Act,

1927, and shall be read as one with the Lunacy Act, 1903-

1920, hereinafter referred to as the principal Act.

Hospitals and

reception houses	2. (1) The Governor may
for mental

patients. (a) establish hospitals for the reception and treatment of persons suffering from mental or nervous dis- order who have not been found, declared, or cer- tified to be insane; and

(b) constitute wards in public hospitals reception

houses for the treatment of such persons.

(2) The Governor may appoint for any hospital estab- lished under this Act a superintendent and such other officers as may be deemed necessary.

Voluntary patients 3. (1) Any person suffering from mental or nervous dis-

order who has not been found, declared, or certified to be insane, may be received into a hospital or reception house under this Act as a voluntary patient on his own applica- tion, or, in the case of a person under the age of twenty-one, on the application of his parent or guardian.

1927.] ill ental Treatment. [No. 13.

(2) Every application shall be in writing, in the pre- scribed form, signed by the applicant or his parent or guard- ian and witnessed by a justice of the peace.

(3) The period -for which a person is received into a hospital or reception house on an application under this section shall be six months, unless a shorter period is stated in the application; but, subject to the regulations, the applica- tion may be renewed:

Provided that a patient received under this section

(a)	may be discharged from a hospital or reception house at any time the superintendent or govern- ing authority may think fit; and
(b)	shall be discharged at the expiration of ten days after the receipt by the superintendent or gov- erning authority of notice in writing signed by the patient, or, if the patient is under the age of twenty-one, by his parent or guardian, of the de- sire that such patient should be discharged.

(4) In this section the expression "parent or guardian" includes any person who undertakes or performs towards the person suffering as aforesaid the duty of a parent or guard- ian.

4. (1) If, on an application made by any person, in the prescribed manner, to a justice of the peace, it is proved to the satisfaction of such justice that a person is suffering from mental or nervous disorder, and has not been found, declared or certified to be insane, and that it is in the interest of such person or of the public that he should be received into a hospital or reception house for treatment under this Act, the justice may, by an order in the prescribed form, order that such person may be taken charge of, conveyed to, and re- ceived into a hospital or reception house for a period not exceeding six months.

Involuntary

patients.

The justice may accept as proof that a person is suffering from mental or nervous disorder and should be received into a hospital or reception house, a cer- tificate, in the form in the Schedule to this Act, signed by two medical practitioners within seven days prior to the date of the order, and may interview such person at any place the justice .may think fit; but -unless such certificate is produced, the evidence of two medical practitioners shall be essential:

Provided that if in any part of the State it is impractic-

able to obtain the certificate of two medical practitioners, au

order may be made on the certificate of one medical prac-

No. 13.] Mental Treatment. [1927.

titioner, subject to the expressed condition that the certificate of another medical practitioner must be indorsed on the order within fourteen days after the patient is received into the hospital or reception house.

(2.) An order made under subsection one of this section shall authorise any person, with such assistance as may be necessary, on production of the order, to take charge of and convey the person to whom the order relates to the hospital or reception house mentioned in the order.

(3) If the person to whom the order relates is not re- ceived into the hospital or reception house within twenty-one days from the date of the order, such order shall lapse, unless it is proved to the satisfaction of a justice of the peace that such person cannot be conveyed to the hospital or reception house within that time, and in such ease the justice may extend the time.

(4.) On a person being received into a hospital or re- ception house under this section the order for his reception shall be delivered to the superintendent or governing auth- ority.

(5) If, on the expiration of the period for which a per- son was received into a hospital or reception house under this section, the Inspector General is of opinion that the patient is in need of further treatment, a justice of the peace may, on the application of the Inspector General, extend the operation of such order for any period not exceeding one year:

Provided that before granting such extension the justice shall require the application to be supported by . the certifi- cate of a medical practitioner, who is not a Government officer, in the form in the Schedule to this Act.

(6.) A. patient, received into a hospital or reception house under this section, may be discharged at any time the super: intendent or governing authority may think fit.

Application of

Part IX. at the 5. Part IX. of the principal Act shall apply, mutatis

principal Act.

mutandis, to hospitals and reception houses under this Act:

Provided that a board of visitors shall consist of three members, and one of such members shall be a medical prac- titioner, one a legal practitioner, and at least one shall be a woman; and that meetings of the board may be summoned by the chairman or any two members; and that two members shall form a quorum at any meeting: Provided also that in the application of section ninety-five of the principal Act the words "once at least in every three months" shall be substi- tuted for the words "once at least in every month."

1927.] kiental Treatment. [No. 13.

6.

On the certificate, in the prescribed form, of the In- spector General that a person received into a hospital or re-

Application of

Parts X. and Yd.

of the principal

Act.

ception house is incapable of managing his affairs being filed in the Central Office of the Supreme Court, the provisions of Parts X. and XI. of the principal Act, and of the Official Trustee Act, 1921, shall apply to such person and his estate.

7.

Subject to this Act, sections nineteen, one hundred and sixty-seven, and one hundred and seventy to one hundred	Application of ss. 19,107, and
170-175 of the principal Act.
and seventy-five, inclusive, of the principal Act shall apply to any person received into any hospital or reception house under this Act, and such person shall be deemed a patient within the meaning of those sections.

8.

Section four of the principal Act is amended by delet-

ing the words ''reception house" in the fifth line of the inter-

pretation of the words "Insane patient."

Amendment of

sec. 4.

9.

(1.) No action shall lie against any person for or on account of any act, matter, or thing done or commended to

No action to lie

against person who

has acted in good

faith, etc.

be done by him, and purporting to be done for the purpose

(See 1903-20, No.

15, s. 179.1

of carrying out the provisions of this Act, unless it is proved that such act was done or commended to be done maliciously and without reasonable and probable cause.

(2.) No such action shall be commenced until one month next after notice in writing has been served on the person against whom it is intended to be brought, or left at his usual place of abode. Such notice shall clearly state the cause of action, the name and place of abode of the plaintiff, and the name and place of business of his solicitor (if any), and shall be signed by the plaintiff.

Notice of action.

(3.) Every such action shall be commenced within three months after the alleged cause of action, or the discharge of

Action to be com-

menced within

three months.

the patient.

(4.) Proceedings in such action shall be stayed if the Court is satisfied that there is no reasonable ground for the action, or that notice of action has not been given, or that the said proceedings have been commenced after the expira- tion of the three months aforesaid.

Stay of proceedings

(5.) The Court may at any time after the commence- ment of such action order security for costs to he given by the plaintiff, and direct all proceedings in the action to be stayed until such order is complied with.

Security for costs

No. 13.] Mental Treatment. [1927.

A person charged

with an offence may10. Where it appears to a court of summary jurisdiction

hospital forbe remanded to a by which a person charged with an offence is remanded, that observation. such person is suffering from mental or nervous disorder, the

court may order that pending the further hearing he shall be sent to a hospital or reception house under this Act for observation, for a period not exceeding one month; and in such case such person may be received into and detained in the hospital or reception house pursuant to such order.

Regulations. 11. (1.) The Governor may make all such regulations as may be necessary or convenient to give effect to this Act.

(2) Such regulations

(a) may prescribe the journal, case book or cards, and other records to be kept, and the forms to be used, and may adapt to the requirements of this Act the provisions of the principal Act and the schedules;

(b) may prescribe the fees to be payable by or on behalf of persons received into any hospital or reception house, or by persons related, in the degree stated in section one hundred and seventy of the principal Act, to persons received into any hospital or reception house, and the charges in- cidental to their !reception and discharge, and provide for the recovery thereof as a debt due to the Crown or governing authority, together with the reasonable expenses incidental to the recep- tion and discharge of patients.

(c) may impose a penalty not exceeding fifty pounds fm

any breach thereof.

(3) Any regulation under this Act

(a) shall be published in the Gazette, and take effect

from the date of publication or from a later date

to be specified therein; and

(b) shall be laid before both Houses of Parliament within fourteen days after publication, if Parlia- ment is in session, and if not, then within four- teen days after the commencement of the next ses- sion.

(4) If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity, or curing the invalidity, of anything done, or of the omission of anything, in the mean- time.

1927.] 111 ental Treatment. [No. 13.

THE SCHEDULE. section 4.

The Mental Treatment Act, 1927.

I [or we] of a medical practitioner,

and of a medical practitioner,

certify that on the day of 192 , at

I [or we] examined of and in my [or our]

opinion he [or she] is suffering from and it is in the interest of such person that he for she] should be received into a hospital or reception house for treatment under the Mental Treatment Act, 1927.

I [or we] have formed this opinion upon the following grounds :—

(1) Facts observed by myself [or ourselves]

(2) Other facts communicated to me [or us] by others (here state the

information and from whom).

Dated the day of 192

(Signature or signatures)