The Inebriates Act 1908 (SA)

ANNO OCTAVO

ED MTA&DI V11 REGIS.

A. D. 1908.

No. 954.

An'Act to facilitate the Control and Care of Inebriates.

[Assented to, November rrth, 1908.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1. This Act may be cited as "The Inebriates Act, 1908." Short title.

2. " The Inebriates Act of 1881," is hereby repealed: Provided Repeal.

that such repeal shall not affect any act, matt,er, or thing done 2380fi881.

under the said Act before the passing of this Act.

" This Act " includes regulations made under this Act.

3. I n this Act- Definitions. Vict., No. 1940, 1904,

"Inebriate" means a person who habitually uses alcohofic liquors 3.

or intoxicating or narcotic drugs to excess:

'' Institution" means a place, not being a, gaol, established or licensed under this Act by the Governor for the reception, control, and treatment of inebriates:

Judge " means a Judge of the Supreme Court of the said

State:

" Justice " means a Justice of the Peace for the said State:

Subject of an order " or subject of the order " means the

person concerning whom an order under section 4 or

section 8 of this Act has been made:

8" EDWARDI VII, No. 954.

The Inebriates Act.--1908.

-

of Or 4. It shall be lawful for a Judge or a Special Magistrate, on proof

Magistrate to make

U order as to eontrd to his satisfaction that a person is an inebriat?, to order--	of inebriate.
Ibid, a. 4. ( a ) That such inebriate be placed for any period not exceeding two calendar months under the care and control of some person or persons to be named in the order, either in the house of the inebriate, in the house of a friend of the ine- briate, in a public or private hospital, or in an institution; or

(6) That such inebriate be placed and detained in an institution

for such period, not exceeding two years, as is mentioned in

the order; or

(c) That such inebriate be placed for any period not exceeding two years (to be mentioned in the or,ler) under the care ,and charge of an attendant or attendants to be named in the order, which attendant or attendants shall be under the control of such Judge or Magistrate as aforesaid.

upon whose applim- 6. Such order may be made on the application of--

tion order may be

made. r. The inebriate himself, or any person authorised in writing in

bid, n. 4.	that behalf by the inebriate while sober and fully under- standing the nature and effect of such authorisation .(of which fact the Judge or Special Magistrate must be satis-
fied );

11. The husband or wife, or a parent, or a brother, sister, son, or

daughter (which brother, sister, son, or daughter is not less than twenty-one years of age), or a partner in business of the inebriate; or

I IJ. A member of the Police Force of or above the rank of sub-

inspector, acting on the request in writing of a legally qualified medical practitioner in professional attendance on the inebriate, OF on the request in writing of a relative by blood or marriage of the inebriate, or at the instance of a Justice.

conatiom preoedent. 6. (1) No such order shall be made except-

Ibid, s. 4.	I. On the production to such Judge or Magistrate of a certificate by a legally qualified medical practitioner (not being the applicant) that the person in respect of whom the applica- tion is made is an inebriate, together with corroborative evidence by some other person or persons; and
11. On personal inspection of the inebriate (where the application

is to a Special Magistrate) by such Magistrate, or (where the application is to a Judge) by the Judge or by some person appointed by him in that behalf, whose report shall be produced to the Judge.

(2) Every medical practitioner who signs any certificate under or for the purposes of this Act shall specify therein the facts upon which he has formed his opinion that the person to whom such certificate

relates

8" EDWARDI VII, No. 954.

The Imbricttes A c t. 1 9 0 8.

relates is an inebriate, and shall distingnish in such certificate facte observed by himself from facts communicated to him by others; and no such order shall be made upon any certificate which purports to be founded only upon facts communicated by others.

7. The inebriate shall be afforded an opportunity of being heard :p char@ "

by the Judge or Magistrate on the hearing of an application for an

order under section 4 hereof.

8. (l) When any person has been convicted three times within Order in w e of

the preceding twelve months of an offence or offences of which ofdm*ennH~ frequent convictions

drunkenness is a necessary part or condition, it shall be lawful for any vict., No. L040, 1801,

Judge or Special Magistrate, on the application of any of the persons a 6, adapten.

upon whose application an order may be made under section 4

hereof', to order that such person bc placed for such period of not

more than twelve months, as is mentioned in the order, in an

institution.

(2) On the order of any Judge or Special Magistrate such period may from time to time be extended for flirther periods, none of which shall exceed twelve months.

(3) If such person is physically unfit to travel to the institution named in such order, the Judge or Magist.rate making the order may direct that he be placed for immediate medical treatment for such time as the Judge or Magistrate thinks fit, not exceeding twenty- eight days, in a gaol or hospital or private house, there to be under the supervision of the police, and may renew such order from time to time.

9. The Judge or Special Magistrate who makes any order under order for expenwe of

section 4 or 8 of this Act may, in such order or any subsequent M" andm-te*me*

order, direct that the expenses of the care, charge, and maintenance Ibi4 e. 7, adapted.

of the subject of the order be paid by him or out of any of his property, and fix the amounts to be so paid. The expenses so directed

to be paid may be recovered in any Court of competent jurisdiction-

(a ) In case the subject of the order is placed in an institution c f. 61 ana m, Viet.,

established by the Governor, at the suit of the Attorney- C.	'. 12*
General or any person authorised by him in that behalf:

( b ) In case he is placed in an institution licensed by the Governor, a t the suit of the managers thereof or any one or more of such managers, or of'the secretary thereof.

10. (1) Where it is proved to the satisfaction of the Supreme Bnpreme Court ma:

Court or a Judge that the subject of an order is incapable of make management order as of to

managing his affairs, such Court or Judge may make all proper inebriaw~ esta!e.

L	orders for rendering the property and income of such subject available vick N ~,	1940,	l p t
for the payment of his debts and for the maintenance and benefit e .8.
F	of himself and his family, and may make orders for the care and management of his property in all respects as if he were lunatic

within

8" EDWARDI VII, No. 954.

The Inebriates Act.-1908.

within the meaning of the Lunatics Act, 1864," and may, if necessary, appoint any person, either with or without security, to undertake the care and management of his property under the order and direction of the Court.

(2) The person so appointed shall, subject to the said orders and directions and to the rules of the Court, have the same powers and be subject to the same obligations anti control as a committee of the estate of a lunatic, and the powers and provisions contained in the

Lunatics Act, 1864," and '' The Real Property Act, 1886," relating to the management and adn~inistration of the estates of lunatic persons shall apply to the estate of such subject.

Directiom as to

control of inebriate 11, The Judge or Special Magistrate making an order under

and power to vary,	section 4 or 8 of this Act may give such directions as he
direction.
etc., any order or	thinks fit as to the control of the subject of the order, and may
Ibid, 8. 9.	vary, renew, or rescind any order or direction made by him.

Order e*dcient 12, The order or direction of a Judge or Special Magistrate made

au"hOn~fOran~thin~	therein directed.	under this Act shall be sufficient authority f6r the caGying out by
Ibid, B. 10.	any person of any direction therein contained.

Order shall direct 13, When an order made under this Act is that the subject of

attend"nt ?prPmt	the order be placed under the care and charge of an attendant it
mpply of tntoxlcant.
shall authorise and direct such attendant to prevent any person from
Ibid, a. 10.	supplying such subject while under his care and charge with any intoxicating liquor, or with any drug or thing which is capable of being used for the purpose or with the effect of producing a state of iGtoxication; and any attendant who neglect; to comply with any such direction shall be liable to a penalty not exceeding Ten Pounds.

to leave

the State. 14, When, by an order under this Act, the subject of the order

has been placed under the care and charge of an attendant, such

Ibid, a. 11.	subject shall not be allowed to leave the said State during the
continuance of such order, unless permitted to do so by some variation of the order.
Inebriata escaping
from custody may be	16, (1) Any subject of an order who escapes from the institution has been placed by an order under this il ct may, without further or other authority than this Act, be arrested and returned to his former custody under such order.
arrested.	in which, or from the attendant under whose care and charge, he
Ibid, S. 12.

61 & 6e Vic., c. 60, (2) The time between his escape and his return, whether on

6. 18. arrest or otherwise, shall not be treated as part of the period

1

prescribed in any order made under this Act.

Police to d t in - 16. I t shall be the duty of all officers and members of the Police

enforcing compliance

with order.	Force to assist the person under whose care and charge the subject
Vic. NO. 1940, 1904,	of an order has been placed under an order under this Act to compel
a. 13.	such subject to comply with the directions of such order, and to assist such pcrson and the managers of any institution in enforcing
the observance of the provisions of this Act. 17, lf

8" EDWARDI VII, No. 954.

Offences by licensees

17, If any licensee of any institution licensed under this Act institutions.

knowingly and wilfully fails to comply with any of the provisions of 42 B ,, c.

this Act, or neglects or permits to be neglected any inebriate or the S. 23, adapted.

subject of an order placed in the institution in respect of which he is licensed, or does anything in contravention of any of the provisions of this Act, he shall be liable to a penalty for every such offence of not exceeding Twenty Pounds.

18, If any person does any of the following things :-m Offences by oficem, servants, and other

I. Ill-treats, or, being an officer, servant, or other person ern- pemon8-

ployed in or about an institution, wilfully neglects any

inebriate or the subject of an order placed or detained in it: Ibid, a. 24, adaptd.

11. Induces or knowingly assists the subject of &n order detained

in an institution, or placed under the care and charge of an attendant by an order under this Act, to escape from such institution or attendant:

1x1. Without the authority of the licensee or a legally qualified medical practitioner in medical attendance at an institution (proof of which authority shall lie on the said person), brings into such institution any intoxicating liquor or drug, or thing which is capable of being used for the purpose or with the effect of producing a state of intoxi- cation:

iv. Without the written authority of a legally qualified medical cf. Vict. NO. 1940,

practitioner (proof of which authority shall lie on the said 1904, S. 14.

person), except in case of urgent necessity (proof of which

;hall also lie on the said person), gives or supplies, or

attempts to give or supply, the subject of an order, with

any intoxicating liquor, or any such drug or thing as

mentioned in subsection 111. of this section,

he shall be liable to a penalty for every such offence of not er ceeding

Twenty Pounds.

19, If the subject of an order who, in the opinion of a legally Offence8 by inebriahl

qualified medical practitioner, is cornpos mentis, while detained in an din

inatitutiou, wilfully neglects or wilfully refuses to conform to the rules 42 61 ,, not,,

thereof, he shall be liable to a penalty not exceeding Ten Pounds, c. 19, 8. 26,

or. at the discretion of the Special Magistrate or Justices. to be ~ ~ I W L

detained within the institution for any peGod not exceeding twenty-

eight days beyond the period prescribed in any other order made	l
under this Act.

20. no person, except by permission of the Judge or Special ~msedings not to be

Magistrate, or Justices adjudicating (the proof of which permission p o ~ s i o n a published without

shall lie on such person), shall publish a report of any proceedings Viot. No.	1940, 1904,
under this Act, and no report published in contravention of this sec- 8. 16.
tion shall in any action for defamation be deemed to be privileged. Any person who publishes a report of any proceedings in contraven-

F tion of this section shall be liable to a penalty not exceeding One Hundred Pounds, or to be imprisoned for any term not exceeding three months. 21, The

8" EDWARDI VII, No. 954.

The Imbriaies Act. -1 908.

J udgea may make 21.

The Judges of the Supreme Court may make rules for regulat- ing the form and mode of proceeding under this Act before such

rulee.

Ibid, 8. 16.	Court, or a Judge, or a Special Magistrate, and for carrying out the powers and duties of such Court, or a Judge, or a Special Magis- trate under this Act.
Governor map

establish or license 22. The Governor may, by Proclamation published in the Govern-

and eubeidise institu-	ment Gazette, establish any house or premises as a place for the
tions for inebriates.	reception, control, and treatment of inebriates, and may at any time
Ibid, B. 16, altered.	revoke any such Proclamation; and may license instiktions for the reception, control, and treatment of inebriates; and may grant subsidies towards the cost of erecting or purchasing institutions, whether now existing or hereafter coming into existence, so licensed or to be so licensed, and the maintenance and extension thereof, and towards the maintenance, care, and custody of subjects of orders placed in institutions under orders made under this Act.
Governor may make

regulatione. 23. (1) The Governor may, by order in Council, make regula-

Ibid, B. 16. tions-

(a) For the issue and revocation of such licences as nlentioned in

the next preceding section;

(6) For regulating and managing institutions, and for their

inspection by persons appointed by the Governor for that

purpose;

(c) For determining the fees and charges payable by subjects of

orders placed in any institution;

(d) For the treatment, control, and discipline of subjects of orders and their release from any institution on probation, and the discipline of officers and attendants under this Act, whether in institutions or otherwise; and

(e) Generally for carrying out the provisions of this Act;

and may in such regulations impose any penalty not exceeding Fiftv

him under this Act.	Pounds for any breach thereof, or of any other regulations made b i	(2) All such regulations shall be published in the Government Gazette, and when so published shall have the force of law and shall be judicially noticed, and shall be laid before both Houses of Parliament within twenty-eight days after such ~ublication, if Parliament is then in Session, i~nd if not, then within twenty-eight days after the commencement of the next Session, but if either House of Yarliamcnt passes a resolution at any time within thirty sitting days after such regulations have been laid before such House disallowing any regulation, or part thereof, such regulation, or part thereof, shall thereupon cease to h;i ye effect: Providcd that if Parliament shall not be in Session for thirty days after such regula- tions shall have been laid before it then no regulation shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of' Parliament. 24. All
8" EDWARDI VII, No. 954.

The Inebriates Act.-1908.

24. All proceedings in respect of offences against this Act Proceedings for

shall be by complaint or information, and shall be heard and determined in a summary way before any Special Magistrate or any two or more Justices, under the Ordinance No. (i of' 1850 and the Act No. 2% of 1883-4, or any Act for the time being in force

. relating to the duties of Justices as t o summary proceedings.

25. There shall be an appeal from any decision of a Special ~ p p e a ~.

Magistrate or Justices in any proceeding in respect of offences against this Act to the Local Court of Adelaide of Full Jurisdiction, or, except in the case of a decision of a Special Magistrate, to the Local Court of Full Jurisdiction nearest to the place where the decision was given. Such appeal shall be regulated by the said Ordinance No. 6 of 1850 and the said Act No. 298 of 1883-4, or any Act for the time being in force relating to appeals 10 such Local Court. The Court on such appeal may make any order as to costs which it thinks fit, although such costs exceed Ten Pounds.

26. (1) The Local Court may state a special case for the opinion Special case.

of the Supreme Court.

(2) The Supreme Court shall deal with such special case according to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to costs of the proceedings in that Court and in the Courts below, as to the said Supreme Court appears just.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE: R, LE HUNTE, Governor.

.S- -.--

Adelaide : By authority, C. E. Bare~ow, Government Printer, North T e r m ~.