New South Wales Institute of Psychiatry (Amendment) Act 1980 (NSW)

NEW SOUTH WALES INSTITUTE OF PSYCHIATRY

(AMENDMENT) ACT, 1980, No. 58

OTales

ANNO VICESIMO NONO

ELlZABETHiE II BEGINiE

Act No. 58, 1980.

An Act to amend the New South Wales Institute of Psychiatry Act, 1964, to vary the membership of the New South Wales Institute of Psychiatry and to make amendments by way of statute law revision. [Assented to, 28th April, 1980.]

Act No. 58, 1980.

New South Wales Institute of Psychiatry (Amendment).

B E it enacted by the Queen’s Most Excellent Majesty, by and with

the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1 .            This Act may be cited as the “New South Wales Institute of Short

Psychiatry (Amendment) Act, 1980”.

2 .      (1) Except as provided in subsection (2 ), this Act shall Commencc-

commence on the date of assent to this Act. ment

(2) Section 5, in its application to Schedule 1, and

Schedule 1 shall commence or be deemed to have commenced, as the case may require, on 7th May, 1980.

3. The New South Wales Institute of Psychiatry Act, 1964, is Principal

referred to in this Act as the Principal Act.

4 . This Act contains the following Schedules :— Schedules.

SCHEDULE 1.— A mendments to the P rincipal A ct

R elating to M embership of the In stitute .

SCHEDULE 2.— A mendments to ihe P rincipal A ct

BY WAY or Statute Law R evision.

5 .      The Principal Act is amended in the manner set forth in Amendment

Schedules 1 and 2. 4 4 ^ 9 6̂ 4 °'

Act No. 58, 1980.

New South Wales Institute of Psychiatry (Amendment).

Sec. 5. SCHEDULE E

A mendments to the P rincipal Act R i lating ro

M embership of the Institute .

(1) (a) Sections (2) (b), (c) —

Omit the paragraphs, insert in.ncad ; —

(b) 2 persons, each of whom shall be cither a person appointed under the Health Commis­ sion Act, 1972, as a commissioner and nomin­ ated by the Commission, or an oflicer of the Commission so nominated, and at least 1 of whom shall be a psychiatrist; and

(b) Section 5 (2) (e) —

Omit the paragraph, insert instc'̂ .d : —

(e) such persons as arc duly nominated as follows :—

(i)   2 persons nominated by the Senate of the University of Sydney, at least 1 of whom shall be a professor of psychiatry of that University, or if there is no such professor of psychiatry, a psychiatrist;

(ii)   2 persons nominated by the Council of the University of New South Wales, at least 1 of whom shall be a professor of psychiatry of that University, or if there is no such professor of psychiatry, a psychiatrist;

(iii)   2 persons nominated by the Council of the University of Newcastle, at least 1 of whom shall be a professor of psychiatry of that University, or if there is no such professor of psychiatry, a psychiatrist;

Act No. 58, 1980.

New South Wales Institute of Psychiatry {Amendment).

SCHEDULE continued.

A mendments to the P rincipal A ct Relating to

M embership of the Institute— continued.

(iv)   2 persons nominated by the Royal Australian and New Zealand College of Psychiatrists, at least 1 of whom shall be a psychiatrist;

(v)    1 person nominated by the Deputy Commissioner, Department of Veter­ ans’ Affairs of the Commonwealth, New South Wales Branch, and who shall be a psychiatrist.

(c) Section 5 (3) (a) —

Omit the paragraph.

(2) Section 6—

Omit “other than the persons referred to in paragraphs (b) and (c) of subsection (2) of section 5”, insert instead “, other than the persons referred to in section 5 (2) (b ),”.

(3) Section 11 (2) (a )—

Omit “paragraph (a), (c) or (c) of subsection (2) of section 5”, insert instead “section 5 (2) (a) or (e )”.

(4) Section 12 (2) (a), (b). (c) —

Omit the paragraphs, insert instead :—

(a) pursuant to section 5 (2) (a), be appointed on the nomination of the Minister;

Act No. 58, 1980.

New South Wales Institute of Psychiatry {Amendment).

SCHEDUL.E \ — continued.

A mendments to the P rincipal A ct R elating to

M embership of the I nstitute— continued.

(b)	pursuant to section 5 (2) (b), be appointed on the nomination of the Commission; or
(c)	pursuant to section 5 (2) (e),be appointed on the nomination of the person or body which nominated the member in whose place he is appointed to aet.

Sec. 5. SCHEDULE 2.

A mendments to the P rincipal A ct by way of Statute

Law R evision.

(1) Section 4 (3 )—

Omit “of Australia" wherever occurring.

(2) (a) Section 5 (3 )—^

Omit “paragraph (a) of subsection (2 ) ’	insert
instead “subsection (2) (a )”.

(b) Section 5 (3) (b) —

Omit the paragraph, insert instead :—-

(b) is a jicrson appointed under the Health Com­ mission Act, 1972, as a commissioner, is an oilicer of the Commission or is employed in any branch of the Department of Veterans’ Aff airs of ihe Commonwealth; or

Act No. 58, 1980.

New South Wales Institute of Psychiatry {Amendment).

SCHEDULE 2-~conlinned.

A mendments to the P rincipal Act by way of Statute

Law R evision— continued.

(c) Section 5 (3) (c) —

Omit “paragraph (e) of subsection (2)", insert instead “subsection (2) (e )“.

(3) (a) Section 7-

Omit “1902, as amended by subsequent Acts,", insert

instead “1979,”. ^

(b) Section 7—

Omit “, as so amended”.

(4) (a) Section 8 (2) —

Omit “expcnse.s”, insert instead “expenses,"

(b) Section 8 (2 )—

Omit “, or any Act amending that Act".

(5) (a) Section 9 (5) —

Omit “the Institute”, insert instead the Institute’

(b) Section 9 (6) —

Omit “Institute”, insert instead “Institute,”.

Act No. 5S. 1980.

New South Wales Institute of Psychiatry {Amendment).

SCHEDULE l^conlinucd.

A mendmunts to the P rincieae Act by w .\y of St a iu t e

Law R evision— continued.

(6) (a) Section 10(1) (c) —

Omit the paragraph, insert instead: —

(c) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;

( b 1 Section 10(1 ) ( f ) —

After "member;", insert "or”.

(7) Section 11 (2) (a) —

.After ■■member;", insert "or".

(8) (a) Section 15 (1) —

Omit ■■which committee is”.

(b) Section 15 (1) —

Omit ■■subsectit)!! (5) of section I ()", insert instcasl

■■section 16 (5 )”.

(9) (a) .Section 16 (4) -

Omit ■■thereof", insert instead ■■thereof.”.

( b ) Section 16 ( 5) ■ —

Omit ■■paragraph (c) ol subsection	(3)". mscil
instead ■■subsection ( .̂ ) (c )'’.

Act No. 58, 1980.

New South Wales Institute of Psychiatry {Amendment).

SCHEDULE 2— continued.

A mendments to the P rincipal A ct by way of Statute

L aw R evision— continued.

(c) Section 16 (9 )—

Omit “(1 1 )”, insert instead “(11 ),”.

(d) Section 16 (13) —

Omit “section 16”, insert instead “section 17”.

(10) Section 18 (3)—

Omit “or in any Act amending that Act, whether passed before or after the commencement of this Act,”.

(11) Section 19 (2)—

Omit “as amended by subsequent Acts,”.

(12) (a) Section 20 (1)—

Omit “1902, as amended by subsequent Acts”, insert instead “1979”.

(b) Section 20 (2) —

Omit “Institute” where firstly occurring, insert instead

“Institute,”.

(c) Section 20 (3) —

Omit “Salaries and fees payable pursuant to this sub- .section shall be part of the costs of administration of this Act.”, insert instead :—•

(3a) Salaries and fees payable pursuant to sub­ section (3) shall be part of the costs of administration of this Act.

Act No. 58. 1980.

New South Wales Institute of Psychiatry (Amendment).

SCHEDULE 2— continued.

A mendments to the P rincipal A ct by way of Statute

L aw R evision— continued.

(d) Section 20 (4) —

Omit the subsection, insert instead :—-

(4) For carrying out the provisions of this Act, the Institute, with the approval of the Department or public authority concerned, and the Public Service Board, may make use of the services of any of the officers and temporary employees of the Public Service.

(13) Section 22—

Omit “and any Acts amending that Act”.

(14) (a) Section 24 (2) (c )—•

Omit “paragraph (c), (d) or (e) of subsection (1) of section 4”, insert instead “section 4 (1) (c), (d)

or (e )”.

(b) Section 24 (2) (d)—

Omit “paragraph (c). (d) or (e) of subsection (1) of section 4;”, insert instead “section 4 ( 1 ) (c), (d) or (e); and”.

(c) Section 24 (21 (c) —

Omit “paragraph (h) of subsection (1) of section 4". insert instead “section 4 ( 1 ) (h)”.

Act No. 58. 1980.

New South Wales Institute of Psychiatry {Amendment).

SCHEDULE 2— continued.

A mendments to the P rincipal A ct by way of Statute

Law R evision— continued.

(d) Section 24 (3), (4) —

Omit .section 24 (3). insert instead : —

(3) A by-law shall be submitted to the Governor for his approval and shall not be published in the Gazette until after it has been approved by the Governor.

(4) Section 41 of the Interpretation Aet, 1897, applies in respect of a by-law as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.