Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)

Statutory Rules 1985 No. 271

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Rules of the Supreme Court of the

Australian Capital Territory2 (Amendment)

We, Judges appointed under sub-section 7 (1) of the Australian Capital Territory Supreme Court Act 1933, hereby make the following Rules of Court under section 28 of that Act.

Dated 7 March 1985.

R. A. BLACKBURN

Chief Justice

J. F. GALLOP

Judge

P. G. DINGWALL

Registrar

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1. After Part 7 of the Rules of the Supreme Court of the Australian Capital Territory the following Part is inserted:

“PART 8—PROCEEDINGS UNDER THE MENTAL HEALTH ORDINANCE 1983

ORDER 77

Division 1—Preliminary

Interpretation

“1. In this Order, unless the contrary intention appears—

‘Director’ has the same meaning as in the Ordinance;

‘Ordinance’ means the Mental Health Ordinance 1983;

‘prescribed representative’ has the same meaning as in the Ordinance.

Hearing in chambers

“2. All proceedings under the Ordinance shall be heard in chambers.

Forms

“3. (1) A reference in this Order to a form by number shall be read as a reference to the form so numbered in the Tenth Schedule.

“(2) Where, under this Order, the use of a form in the Tenth Schedule is required, a form which does not differ materially from the form in the Tenth Schedule shall, unless the Court otherwise orders, be taken to comply with that requirement.

“(3) Forms in the Tenth Schedule shall be used where they are applicable to the circumstances, and where they are not applicable forms of like character with such variations as the circumstances shall require shall be used.

Division 2—Treatment Orders

Applications

“4. An application under sub-section 28 (2) of the Ordinance shall be by inter partes originating summons supported by affidavit.

Form and service of summons

“5. The summons may be in Form 2, and shall, together with copies of all affidavits relied on by the applicants, be served on the respondents, being the parties designated in paragraphs 28 (6) (b) (c) (d) and (e) of the Ordinance.

Appearance

“6. The person in respect of whom the order is sought may appear to the summons by his prescribed representative.

Form of treatment order

“7. A treatment order may be in Form 3.

Division 3— Variation and Discharge of Treatment Orders

Applications

“8. An application under section 43 of the Ordinance in respect of an order made under sub-section 34 (2) of the Ordinance shall be by notice for further consideration of the summons, supported by affidavit.

Applicant not previously a party

“9. If the applicant was not a party to the summons he shall upon filing and serving the notice be deemed to be a party thereto for all purposes.

 

Form and service of notice

“10. The notice may be in Form 4, and shall be filed and served upon all parties to the summons, together with copies of all affidavits relied on.

Division 4—Psychiatric Surgery

Application

“11. An application under section 57 of the Ordinance shall be by inter partes originating summons supported by affidavit.

Appearance

“12. The respondents to the summons shall be the person in relation to whom the application is made, and the Director.

Service of summons

“13. The summons together with copies of all affidavits relied on shall be served on the respondents.

Form of order

“14. An order under section 57 may be in Form 5.”.

2. The Rules of the Supreme Court of the Australian Capital Territory are amended by adding at the end the following Schedule:

TENTH SCHEDULE

FORMS—MENTAL HEALTH ORDINANCE 1983

FORM 1 O. 77

HEADING OF APPLICATION UNDER s.28 (2), s.43, or s.57

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. of 19

IN THE MATTER of the Mental Health Ordinance 1983

Between:

Applicant (s)

And:

Respondent (s)

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TENTH SCHEDULE— continued

FORM 2 O. 77 r. 5

ORIGINATING SUMMONS

(Heading as in Form 1)

LET  of

and (names and addresses of other respondents)

within days after service of this summons on them respectively, inclusive of the day of such service, cause appearances to be entered for them to this summons which is issued upon the application of  a psychiatrist and  a Mental Health Officer who apply for a further treatment order in respect of the abovenamed

Dated 19

This summons was taken out by

solicitor for the abovenamed applicants.

The respondents may appear hereto by entering appearance either personally or by solicitor in the Registrar’s Office, Supreme Court, Knowles Place, Canberra.

NOTE: If a respondent does not enter appearance within the time and at the place abovementioned, such order will be made and proceedings may be taken if as the Judge thinks just and expedient.

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FORM 3 O. 77 r. 7

TREATMENT ORDER

(Heading as in Form 1)

UPON THE APPLICATION of the abovenamed

AND UPON READING the affidavit of (continue in the normal form of an order of the Court) AND THE COURT being satisfied that (set out the appropriate matters under s. 34 (2) of the Ordinance) IT IS ORDERED that (set out the appropriate directions and specifications under s. 35 of the Ordinance) AND that (as required)

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FORM 4 O. 77 r. 10

NOTICE FOR FURTHER CONSIDERATION

(Heading as in Form 1)

TAKE NOTICE that the abovenamed

(or a medical practitioner)

(or a medical practitioner

and  a Mental Health Officer)

seek (s) further consideration of the originating summons in this matter for the purpose of varying (or discharging) the treatment order made herein on the day of 19

(if variation is sought, add in the following manner and set out the variations proposed)

Dated 19

Solicitor or party

To the abovenamed applicants (or as the case may be)

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TENTH SCHEDULE— continued

FORM 5 O. 77 r. 14

ORDER UNDER SECTION 57

(Heading as in Form 1)

The form of the order should be in accordance with Form 3. except that

(a) the matters of which the Court is satisfied under s. 57 must all be set out, describing the person as “the abovenamed”;

(b) the substantive part of the order should be “…. DOTH BY ORDER CONSENT to the performance on the abovenamed  of psychiatric surgery, being (a specific procedure or procedures)”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 March 1985.

2. Statutory Rules 1937 No. 85 as amended by 1938 No. 99; 1939 Nos. 48 and 61; 1950 No. 22; 1956 No. 135; 1958 No. 64; 1962 Nos. 47 and 76; 1966 No. 132; 1967 No. 68; 1968 No. 13; 1969 Nos. 57, 66, 221 and 222; 1972 No. 189; 1973 Nos. 95 and 149; 1974 Nos. 25, 60 and 197; 1975 No. 81; 1976 No. 190; 1977 No. 152; 1978 Nos. 86 and 173; 1980 Nos. 210 and 214; 1981 Nos. 104, 196, 296 and 328; 1982 Nos. 202, 316 and 365; 1983 Nos. 26, 27 and 228; 1984 Nos. 1 10, 281, 285, 313 and 405.