Mental Health Act 1963
An Act to repeal the Mental Hospitals Act 1858 , the Mental Deficiency Act 1920 , and certain other enactments relating to persons suffering from mental disorder, and to make fresh provision with respect to the treatment and care of persons so suffering, and with respect to their property and affairs
[Royal Assent 3 December 1963]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) This Act may be cited as the Mental Health Act 1963 .(2) This Act shall commence on a date to be fixed by proclamation.
(1) The Acts that are specified in Schedule 1 are repealed to the extent therein specified.(2) The Acts that are specified in Schedule 2 are amended as respectively specified in that schedule.
(1) [Section 3 Subsection (1) amended by No. 24 of 1967, s. 31 and Sched. 3 ][Section 3 Subsection (1) amended by No. 124 of 1977, s. 2 ][Section 3 Subsection (1) amended by No. 84 of 1981, s. 3 ][Section 3 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ][Section 3 Subsection (1) amended by No. 7 of 1993, s. 6 and Sched. 1 ][Section 3 Subsection (1) amended by No. 20 of 1995, s. 5 and Sched. 3 ]In this Act, unless the contrary intention appears –absent without leave has the meaning assigned to that expression by subsection (4) of section 29 ;admission application has the meaning assigned to that expression by subsection (1) of section 14 ;[Section 3 Subsection (1) amended by No. 33 of 1996, s. 9, Applied:01 Sep 1997] application means an admission application;application for admission for observation means such an application as is referred to in paragraph (a) of subsection (2) of section 14 ;application for admission for treatment means such an application as is referred to in paragraph (b) of subsection (2) of section 14 ;approved medical practitioner means a medical practitioner appointed as an approved medical practitioner under section 10 ;authorized officer means a person appointed as or authorized to perform the duties and exercise the powers of an authorized officer under section 11 ;[Section 3 Subsection (1) amended by No. 33 of 1996, s. 9, Applied:01 Sep 1997]child means a child within the meaning of the Child Welfare Act 1960 ;controlling authority means –(a) when used in relation to a hospital, the hospital authority thereof; and(b) when used in relation to a special institution, the controlling authority thereof pursuant to section 6A ;convey includes any other expression denoting removal from one place to another;emergency application means such an application for admission for observation as is referred to in subsection (1) of section 19 ;hospital means –(a) an institution declared under section 6 to be a hospital for the purposes of this Act;(b) a public hospital; or(c) a private medical establishment in respect of which a certificate is in force under section 7 ;hospital authority means –[Section 3 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998](a) when used in relation to an institution declared under section 6 to be a hospital for the purposes of this Act –(i) the authority or person declared or appointed to be the hospital authority for that hospital under that section; or(ii) if there is no such authority or person, the authority or person having by virtue of any Act (other than this Act) the power to admit patients to that hospital;(b) [Section 3 Subsection (1) amended by No. 13 of 1997, Applied:01 Jul 1997] when used in relation to a public hospital, the Secretary; and(c) when used in relation to a hospital that is a private medical establishment –(i) the body or person for the time being notified under section 7 as being the hospital authority of that hospital; or(ii) if there is no such body or person, the licensee of that private medical establishment;[Section 3 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] hospital order means a hospital order made under Part IV or under Part 10 of the Sentencing Act 1997 ;institution means a hospital or a special institution;licence, when used in relation to a private medical establishment, means any licence in respect of that establishment granted under Part III of the Hospitals Act 1918 ;licensee, when used in relation to a private medical establishment, means the person holding the licence in respect of that establishment;medical practitioner means a legally-qualified medical practitioner;medical recommendation has the meaning assigned to that expression by subsection (4) of section 14 ;medical treatment includes nursing, and also includes care and training under medical supervision;nearest relative, when used in relation to a patient, means the nearest relative of that patient as determined in accordance with Division 4 of Part III ;[Section 3 Subsection (1) amended by No. 33 of 1996, s. 9, Applied:01 Sep 1997]patient means a person suffering or appearing to be suffering from mental disorder;place of safety, when used in relation to a patient, means –(a) in any case, a police station, a hospital, the hospital authority of which is willing to receive the patient, or any other place the occupier of which is willing to receive him; and(b) where the patient is a child, any institution within the meaning of the Child Welfare Act 1960 the person in charge of which is willing to receive the patient;private medical establishment means a private medical establishment within the meaning of the Hospitals Act 1918 ;[Section 3 Subsection (1) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997][Section 3 Subsection (1) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] public hospital means a hospital maintained and operated by or on behalf of the State;Public Trustee means The Public Trustee continued under the Public Trustee Act 1930 ;relative, when used in relation to a patient, means a relative of that patient as determined under Division 4 of Part III ;responsible medical officer means –(a) when used in relation to a patient liable to be detained in a hospital, the medical practitioner in charge of the treatment of the patient;(b) [Section 3 Subsection (1) amended by No. 33 of 1996, s. 9, Applied:01 Sep 1997](c) when used in relation to a patient liable to be detained in a special institution, an approved medical practitioner;restriction direction has the meaning assigned to that expression by subsection (2) of section 59 ;[Section 3 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998][Section 3 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] restriction order means a restriction order made under Part 10 of the Sentencing Act 1997 ;Secretary means the Secretary of the Department;special institution means a place declared to be a special institution under section 6A ;transfer direction has the meaning assigned to that expression by subsection (2) of section 59 ;Tribunal means the Mental Health Review Tribunal;week means a period of 7 consecutive days.(2) References in this Act to a person liable to be detained shall be construed as references to a person who, in pursuance of any application, order, or direction, is liable under this Act to be detained in a hospital, whether or not he is for the time being absent from that hospital with leave or otherwise.(3) [Section 3 Subsection (3) omitted by No. 33 of 1996, s. 9, Applied:01 Sep 1997] . . . . . . . .(4) [Section 3 Subsection (4) amended by No. 33 of 1996, s. 9, Applied:01 Sep 1997] For the purposes of this Act a patient who is liable to be detained in pursuance of an application for admission for treatment shall be treated as being so liable or subject as a psychopathic or subnormal patient if the form of disorder specified in the application, or in the application as amended under section 25 , is psychopathic disorder or subnormality, or psychopathic disorder and subnormality, and no other form of mental disorder.(5) Where a medical practitioner holds an appointment (whether honorary or otherwise) whereby he is required or allowed to attend on patients for the time being accommodated in or attending at a hospital he is, for the purposes of this Act, deemed to be on the staff of that hospital.
3A. Application of Guardianship and Administration Act 1995
[Section 3A Inserted by No. 33 of 1996, s. 10, Applied:01 Sep 1997] Where a provision of this Act is inconsistent with a provision of the Guardianship and Administration Act 1995 , the latter provision prevails to the extent of the inconsistency.
4. Definition and classification of "mental disorder"
(1) In this Act, mental disorder means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind; and mentally disordered shall be construed accordingly.(2) In this Act, severe subnormality means a state of arrested or incomplete development of mind that includes subnormality of intelligence and is of such a nature or degree that the patient is incapable of living an independent life or of guarding himself against serious exploitation, or will be so incapable when of an age to do so.(3) In this Act, subnormality means a state of arrested or incomplete development of mind (not amounting to severe subnormality) that includes subnormality of intelligence and is of a nature or degree that requires or is susceptible to medical treatment or other special care or training of the patient.(4) In this Act, psychopathic disorder means a persistent disorder or disability of mind (whether or not including subnormality of intelligence) that results in abnormally aggressive or seriously irresponsible conduct on the part of the patient, and requires or is susceptible to medical treatment.(5) Nothing in this section shall be construed as implying that a person may be dealt with under this Act as suffering from mental disorder, or from any form of mental disorder described in this section, by reason only of promiscuity or other immoral conduct.
5. Informal admission of patients
(1) Nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital or other institution in pursuance of arrangements made in that behalf and without any application, order, or direction rendering him liable to be detained under this Act, or from remaining in a hospital in pursuance of any arrangements made in that behalf after he has ceased to be so liable to be detained.(2) [Section 5 Subsection (2) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] In the case of an infant who has attained the age of 16 years and is capable of expressing his own wishes, any such arrangements as are mentioned in subsection (1) may be made, carried out, and determined notwithstanding any right of custody or control vested by law in his parent.
PART II - Administration
6. Hospitals maintained by the State
[Section 6 Amended by No. 4 of 1991, s. 39 and Sched. 4 ][Section 6 Amended by No. 7 of 1992, s. 6 and Sched. 2 ][Section 6 Amended by No. 7 of 1993, s. 6 and Sched. 2 ](1) [Section 6 Subsection (1) substituted by No. 24 of 1967, s. 31 and Sched. 3 ]The Minister may, by order, declare any institution (not being a public hospital) that is maintained by the State to be a hospital for the purposes of this Act.(2) [Section 6 Subsection (2) substituted by No. 24 of 1967, s. 31 and Sched. 3 ]The Minister may by order declare that for any institution declared under subsection (1) to be a hospital for the purposes of this Act the hospital authority shall be –(a) . . . . . . . .(b) the board in charge of that institution; or(c) the person for the time being holding such office as may be specified in the order.(3) An order under this section shall be deemed to be a statutory rule within the meaning of the Rules Publication Act 1953 .(4) Except where an order is in force under subsection (2) in respect of a hospital, the Minister may appoint some suitable person as the hospital authority of a hospital to which an order under subsection (1) relates.(5) The Minister shall cause to be published in the Gazette notice of the appointment of any person under subsection (4) of this section as the hospital authority of a hospital and notice of any person so appointed ceasing to be the hospital authority of that hospital.
[Section 6A Inserted by No. 124 of 1977, s. 3 ](1) Where the Minister is satisfied that a place is suitable for the accommodation and medical treatment of persons who may become liable to be detained under this Act and who, in the interests of their own health or safety or for the protection of other persons, need to be so detained in conditions of special security, he may, by order, declare that place to be a special institution for the purposes of this Act.(2) A place that is a prison or part of a prison may be declared a special institution under this section.(3) [Section 6A Subsection (3) amended by No. 84 of 1981, s. 4 ][Section 6A Subsection (3) amended by No. 5 of 1985, s. 3 and Sched. 1 ]Where a prison or part of a prison is a special institution the Director of Corrective Services shall be the controlling authority for that special institution; but, subject to the foregoing provisions of this subsection, the provisions of section 6 (other than subsection (1) thereof) apply in relation to a special institution as if the references therein to a hospital and the hospital authority thereof were references respectively to a special institution and the controlling authority thereof.(4) For the purposes of this Act, the staff of a special institution that is or forms part of a prison shall be deemed to include the officers employed in the management of the prison.(5) A person who is being detained in a special institution that is or forms part of a prison shall for the purposes of the Prison Regulations be deemed to be detained in that prison, but shall, for any other purpose, be deemed not to be confined or to be detained in that prison.(5A) [Section 6A Subsection (5A) substituted by No. 8 of 1989, s. 4 ]Subject to subsection (5B) , the Director of Corrective Services may, in the interests of the rehabilitation and medical treatment of a patient who is detained in a special institution which forms part of a prison, transfer that patient within the prison generally.(5B) [Section 6A Subsection (5B) substituted by No. 8 of 1989, s. 4 ]A transfer under subsection (5A) –(a) shall be made on the recommendation of the responsible medical officer; and(b) shall be made with the consent of the patient.(5C) [Section 6A Subsection (5C) substituted by No. 8 of 1989, s. 4 ]The Director of Corrective Services may, where the health, welfare, or security of a patient who is detained in a special institution which forms part of a prison or another person is at risk, transfer that patient within the prison generally.(5D) [Section 6A Subsection (5D) substituted by No. 8 of 1989, s. 4 ]A transfer under subsection (5C) shall be reported as soon as practicable by the Director of Corrective Services to the Attorney-General and the responsible medical officer.(5E) [Section 6A Subsection (5E) substituted by No. 8 of 1989, s. 4 ]A transfer under subsection (5C) ceases to be valid at the expiration of 3 days from the date of the transfer unless –(a) the Attorney-General has, within that period, consented to the transfer; and(b) the responsible medical officer has, within that period, ratified the transfer.(5F) [Section 6A Subsection (5F) inserted by No. 8 of 1989, s. 4 ]Where a transfer under subsection (5C) ceases to be valid, the patient shall be transferred to the special institution in which the patient was detained immediately before the transfer of the patient under subsection (5C) .(5G) [Section 6A Subsection (5G) inserted by No. 8 of 1989, s. 4 ]A transfer under subsection (5C) ceases to be valid at the expiration of 7 days from the date of consent of the Attorney-General or the date of ratification of the responsible medical officer, whichever is the later.(5H) [Section 6A Subsection (5H) inserted by No. 8 of 1989, s. 4 ]The Attorney-General may –(a) on the recommendation of the Director of Corrective Services (made with the consent of the responsible medical officer), at the expiration of the period referred to in subsection (5G) , extend the transfer for further periods, each period not exceeding 7 days; and(b) on the recommendation of the responsible medical officer, at any time during the period of a transfer under subsection (5C) , direct that the transferred patient be detained in another institution for the period of that transfer or extension of that period.(6) The Attorney-General may give directions, in writing, to the superintendent of a prison modifying or excluding the operation of any of the provisions of the Prison Regulations in their application to persons who are liable to be detained under this Act in a special institution that is or forms part of that prison; and those regulations have effect subject to any such direction.(7) [Section 6A Subsection (7) amended by No. 84 of 1981, s. 4 ][Section 6A Subsection (7) amended by No. 5 of 1985, s. 3 and Sched. 1 ]Notwithstanding any law to the contrary, the Chief Superintendent of the Prison Service in respect of a prison, the whole or any part of which is a special institution, shall ensure that, as far as possible, effect is given to the directions or requirements of the responsible medical officer with respect to the treatment of a patient liable to be detained in that institution, and no person has, because the institution is, or forms part of, a prison, any right, power, or duty to prevent or interfere with the carrying out of those directions or requirements that he would not have if that special institution was not, or did not form part of, that prison.(7A) [Section 6A Subsection (7A) inserted by No. 84 of 1981, s. 4 ]The responsible medical officer shall provide the Minister or the Attorney-General, as the case may be, with reports on the medical treatment and progress of a patient liable to be detained in a special institution by virtue of this Act.(7B) [Section 6A Subsection (7B) inserted by No. 84 of 1981, s. 4 ]The reports referred to in subsection (7A) shall be provided –(a) on or shortly after the admission of the patient;(b) at the expiration of 3 months from the admission of the patient and at the expiration of every 3 months during the first year of his detention; and(c) at the expiration of each six month period thereafter.(7C) [Section 6A Subsection (7C) inserted by No. 84 of 1981, s. 4 ]Nothing contained in subsections (7A) and (7B) shall affect the operation of section 382 of the Criminal Code .(8) Section 9 of the Prison Act 1977 applies in respect of the functions of the superintendent of a prison under this Act as it applies to the functions referred to in that section.(9) In this section –prison means a prison to which section 6 (2) of the Prison Act 1977 applies;Prison Regulations means the regulations for the time being in force under section 43 of the Prison Act 1977 .
7. Private medical establishments
[Section 8 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 8 Subsection (4) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 8 Repealed by No. 33 of 1996, s. 11, Applied:01 Sep 1997] . . . . . . . .(1) On application being made to him by the licensee of a private medical establishment, the Minister may issue a certificate that that private medical establishment is approved as a hospital for the purposes of this Act.(2) The Minister may, on the application of the licensee of a private medical establishment or where he considers that a private medical establishment is not suitable for the detention of patients under this Act, by notice in writing served on the licensee, cancel the certificate issued in respect of that establishment under this section and thereupon that certificate ceases to have effect on such date as may be specified in that behalf in the notice.(3) Where a certificate issued under this section in respect of a private medical establishment ceases to have effect or where the licence in force in respect of that establishment is surrendered or is not renewed or otherwise ceases to have effect that establishment shall be deemed to have ceased to be a hospital within the meaning of this Act.(4) The licensee of a private medical establishment may notify the Minister in writing of the body or person who is to be the hospital authority of that establishment, and may, from time to time, in writing, cancel or vary the notification so made.
9. Mental Health Review Tribunal
[Section 9 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 9 Amended by No. 46 of 1991, s. 5 and Sched. 3 ](1) There shall be constituted a tribunal, to be called the Mental Health Review Tribunal, for the purpose of dealing with applications and references by and in respect of patients under this Act.(2) [Section 9 Subsection (2) substituted by No. 46 of 1991, s. 5 and Sched. 3 ]The provisions of Schedule 4 have effect with respect to the constitution of the Tribunal.(3) [Section 9 Subsection (3) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary of the Department may appoint an employee employed in the Department to be secretary of the Tribunal, and that employee may hold that office in conjunction with his position in the State Service.(3A) [Section 9 Subsection (3A) inserted by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may, with the approval of the Head of another Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint a person employed in that Agency to be Secretary of the Tribunal and that person shall hold that office in conjunction with a position or an office under the Tasmanian State Service Act 1984 .(4) [Section 9 Subsection (4) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Minister may make arrangements to render available to the Tribunal such accommodation as the Tribunal may require.(5) The Minister may pay to the members of the Tribunal such remuneration and allowances as the Governor may approve.
10. Approved medical practitioners
(1) Where the Minister is satisfied that a medical practitioner has special experience in the diagnosis or treatment of mental disorder he may appoint that medical practitioner to be an approved medical practitioner for the purposes of this Act.(2) The Minister shall cause to be published in the Gazette notice of the appointment of a person as an approved medical practitioner and notice of any person ceasing to be an approved medical practitioner.
[Section 11 Amended by No. 5 of 1990, s. 3 and Sched. 1 ](1) [Section 11 Subsection (1) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary of the Department may appoint employees employed in the Department to be authorized officers for the purposes of this Act.(2) [Section 11 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary of the Department may, with the approval of the Head of another Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint employees employed in that Agency to be authorized officers for the purposes of this Act, and such employees may hold office as authorized officers in conjunction with their positions in the State Service.(3) [Section 11 Subsection (3) inserted by No. 29 of 1984, s. 3 and Sched. 1 ]The Minister may authorize persons to perform the duties and exercise the powers of authorized officers for the purposes of this Act.
12. Application of Health Services Act 1960
Section 3 of the Health Services Act 1960 has effect as if the powers and discretions vested in the Minister under this Act (otherwise than under section 6 ) were vested in him by the operation of that Act.[Section 13 Repealed by No. 24 of 1967, s. 31 and Sched. 3 ]. . . . . . . .
PART III - Compulsory Admission to Hospital or Guardianship
Division 1 - Provisions as to admission
(1) A patient may be admitted to a hospital, and there detained in accordance with this Act, in pursuance of an application (in this Act referred to as an admission application) made in accordance with this Act.(2) An admission application may be either –(a) an application for admission for observation; or(b) an application for admission for treatment.(3) [Section 14 Subsection (3) omitted by No. 33 of 1996, s. 12, Applied:01 Sep 1997] . . . . . . . .(4) An application shall be founded on the recommendation of two medical practitioners made in accordance with this Act, and such a recommendation is in this Act referred to as a medical recommendation.
15. Applications in respect of patients already in hospital
(1) An application for the admission of a patient to a hospital may be made –and where an admission application is so made the patient shall be treated for the purposes of this Part as if he had been admitted to the hospital at the time when the application is received by the hospital authority.(a) in any case, notwithstanding that the patient is already an in-patient in that hospital, not being liable to be detained therein; and(b) in the case of an application for admission for treatment, notwithstanding that the patient is for the time being liable to be detained in that hospital in pursuance of an application for admission for observation –(2) If, in the case of a patient who is an in-patient in a hospital, not being liable to be detained therein, it appears to the medical practitioner in charge of the treatment of the patient that an admission application ought to be made in respect of that patient, the medical practitioner may furnish to the hospital authority a report in writing to that effect; and in such a case the patient may be detained in the hospital for a period of 3 days beginning with the day on which the report is so furnished.
16. General provisions as to applications
(1) Subject to this Act, an application in respect of a patient shall be in the prescribed form and may be made either by his nearest relative or by an authorized officer and shall specify the qualification by virtue of which the applicant makes the application.(2) An admission application shall be addressed to the hospital authority of the hospital to which admission is sought.(3) [Section 16 Subsection (3) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] An application for admission for treatment shall not be made by an authorized officer if the nearest relative of the patient has notified that officer that he objects to the application being made, and, without prejudice to the foregoing provisions of this subsection, shall not be made by such an officer except after consultation with the person (if any) appearing to be the nearest relative of the patient unless it appears to that officer that in the circumstances that consultation is not reasonably practicable or would involve unnecessary delay.(4) No application shall be made by any person unless that person has personally seen the patient within the period of 14 days ending with the date of the application.(5) An application is sufficient if the medical recommendations on which it is founded are given either as separate recommendations, each signed by a medical practitioner, or as a joint recommendation signed by two such practitioners, and where a joint recommendation is so given it shall be deemed to be a recommendation given by each of the medical practitioners.
17. General provisions as to medical recommendations
(1) The medical recommendations necessary to found an application shall be in the prescribed form and shall be given by medical practitioners who have personally examined the patient either together or at an interval of not more than 7 days.(2) Except where it is given for the purposes of subsection (4) of section 19 or subsection (5) of section 24 , a medical recommendation required for the purpose of an application shall be signed on or before the date of that application.(3) Of the medical recommendations on which an application is founded, one shall be given by an approved medical practitioner; and, unless that medical practitioner had previous acquaintance with the patient, the other recommendation shall, if practicable, be given by a medical practitioner who has that previous acquaintance.(4) Except in the case of an application for the admission of a patient to a hospital that is a private medical establishment, one (but not more than one) of the medical recommendations on which an admission application is founded may be given by a medical practitioner on the staff of the hospital to which admission is sought.(5) A medical recommendation on which an application is founded shall not be given by any of the following persons, namely:(a) The applicant;(b) Any person named as guardian in the application;(c) A partner of any person referred to in paragraph (a) or paragraph (b) or of a medical practitioner by whom another medical recommendation is given for the purposes of the same application;(d) A person employed as an assistant by any person referred to in paragraph (a) , paragraph (b) , or paragraph (c) ;(e) A person who receives or has an interest in the receipt of any payments made on the account of the maintenance of the patient;(f) Except as provided by subsection (4) , a medical practitioner on the staff of the hospital to which admission is sought; or(g) A relative of the patient or of any person referred to in any of the foregoing paragraphs of this subsection, or of a medical practitioner by whom another medical recommendation is given for the purposes of the same application.(6) For the purposes of this section relative means –(a) a husband or wife;(b) a father or mother;(c) a son or daughter;(d) a brother or sister;(e) the father or mother of any person referred to in paragraph (a) ; or(f) a husband or wife of any person referred to in paragraph (c) or paragraph (d) .(7) Subsection (2) of section 38 has effect in relation to this section as it has effect in relation to that section.
18. Admissions for observation
(1) An application for admission for observation may be made in respect of a patient on the grounds –(a) that he is suffering from mental disorder of a nature or degree that warrants his detention in a hospital under observation (with or without medical treatment) for at least a limited period; and(b) that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.(2) Each of the medical recommendations on which an application for admission for observation is founded shall include a statement that in the opinion of the medical practitioner by whom it is given the conditions set out in paragraphs (a) and (b) of subsection (1) are complied with.(3) A patient admitted to hospital in pursuance of an application for admission for observation may be detained therein for a period not exceeding 28 days beginning with the day on which he is admitted, but shall not be so detained thereafter unless, before the expiration of that period, he has become liable to be detained therein by virtue of a subsequent application, order, or direction under this Act.
19. Admissions for observation in case of emergency
(1) In a case of urgent necessity, an application for admission for observation may be made in respect of a patient in accordance with this section, and an application so made is in this Act referred to as an emergency application.(2) An emergency application shall include a statement (to be verified by the medical recommendation referred to in subsection (3) ) that it is of urgent necessity for the patient to be admitted and detained for observation in a hospital and that compliance with section 18 would in the circumstances of the case involve undesirable delay.(3) An emergency application is sufficient in the first instance if it is founded on one of the medical recommendations required by section 14 given, if practicable, by a medical practitioner who has previous acquaintance with the patient and otherwise complying with the requirements of section 17 so far as they are applicable to a single recommendation.(4) An emergency application ceases to have effect on the expiration of 72 hours from the time at which the patient is admitted to a hospital in pursuance of the application unless –(a) a second medical recommendation is given and is received by the hospital authority within that period; and(b) that recommendation and the recommendation on which the emergency application was founded in the first instance are sufficient to found an application for admission for observation made under section 18 .
(1) An application for admission for treatment may be made in respect of a patient on the grounds –(a) that he is suffering from mental disorder, being –and that the disorder is of a nature or degree that warrants the detention of the patient in a hospital for medical treatment; and(i) in the case of a patient of any age, mental illness or severe subnormality; or(ii) in the case of a patient who has not attained the age of 21 years, psychopathic disorder or subnormality –(b) that it is necessary in the interests of the patient's health or safety or for the protection of other persons that he should be so detained.(2) Each of the medical recommendations upon which an application for admission for treatment is founded shall include a statement that in the opinion of the medical practitioner by whom it is given the conditions set out in paragraphs (a) and (b) of subsection (1) are complied with in respect of the patient and shall contain –(a) such particulars as may be prescribed on the grounds of the opinion so far as it relates to the conditions set out in paragraph (a) of that subsection; and(b) a statement of the reasons for the opinion so far as it relates to the conditions set out in paragraph (b) of that subsection, specifying whether other methods of dealing with the patient are available, and, if so, why they are not appropriate.(3) A medical recommendation on which an application for admission for treatment is founded may describe the patient as suffering from more than one of the forms of mental disorder referred to in paragraph (a) of subsection (1) ; but such an application is of no effect unless the patient is described in each of the medical recommendations upon which it is founded as suffering from the same one of those forms of mental disorder, whether or not he is also described in either of those recommendations as suffering from another of those forms.(4) An application for admission for treatment shall specify that form or those forms of mental disorder referred to in paragraph (a) of subsection (1) from which the patient is described as suffering in both of the medical recommendations on which it is founded, and shall be deemed to have been made on the ground that the patient is suffering from the form or forms of mental disorder so specified.(5) An application for admission for treatment made on the ground that the patient is suffering from psychopathic disorder or subnormality, and no other form of mental disorder referred to in paragraph (a) of subsection (1) , shall state the age of the patient, or, if his exact age is not known to the applicant, shall state (if it be the fact) that the patient is believed not to have attained the age of 21 years.
21. Effect of admission applications
[Section 22 Repealed by No. 33 of 1996, s. 13, Applied:01 Sep 1997] . . . . . . . . [Section 23 Repealed by No. 33 of 1996, s. 13, Applied:01 Sep 1997] . . . . . . . .(1) An application for the admission of a patient to a hospital is sufficient authority for the applicant, or any person authorized by him, to convey the patient to the hospital at any time within the following periods, that is to say:(a) In the case of an admission application, other than an emergency application, the period of 14 days beginning with the day on which the patient was last examined by a medical practitioner before giving a medical recommendation upon which the application is founded; and(b) In the case of an emergency application, the period of 3 days beginning with the day on which the patient was last examined by the medical practitioner before the signing by that medical practitioner of the medical recommendation referred to in subsection (3) of section 19 .(2) Where a patient is conveyed to a hospital in pursuance of subsection (1) and admitted therein or being within that hospital, is treated, by virtue of section 15 as if he had been admitted therein, the admission application is sufficient authority for the hospital authority to cause that patient to be detained in the hospital in accordance with the provisions of this Act.(3) An application for the admission of a patient to a hospital that appears to be duly made and founded on the necessary recommendations may be acted upon without further proof of the signature or qualification of the person by whom the application, or any medical recommendation, is made or given or of any matter of fact or opinion stated therein.(4) A patient who is admitted to hospital in pursuance of an application for admission for treatment may apply to the Tribunal within the period of 6 months beginning with the day on which he is so admitted, or with the day on which he attains the age of 16 years, whichever is the later.(5) Where a patient is admitted to hospital in pursuance of an application for admission for treatment, any previous application in respect of the patient ceases to have effect.
24. Rectification of applications and recommendations
(1) If, within the period of 14 days beginning with the day on which a patient has been admitted to a hospital in pursuance of an admission application (in this section referred to as "the relevant period"), the application or any medical recommendation upon which it is founded, is found to be in any respect incorrect or defective, the application or recommendation may, within that period, and with the consent of the hospital authority, be amended by the person by whom it was signed.(2) [Section 24 Subsection (2) omitted by No. 33 of 1996, s. 14, Applied:01 Sep 1997] . . . . . . . .(3) [Section 24 Subsection (3) amended by No. 33 of 1996, s. 14, Applied:01 Sep 1997] Upon an amendment being made to an application or a medical recommendation under subsection (1) the application or recommendation has effect and shall be deemed always to have had effect as if it had been originally made as so amended.(4) Without prejudice to the provisions of subsection (1) , if within the relevant period it appears to the hospital authority that one of the two medical recommendations on which the application for the admission of the patient is founded is insufficient to warrant the detention of the patient in pursuance of the application, it may, within that period, give notice in writing to that effect to the applicant.(5) Where a notice is given under subsection (4) in respect of a medical recommendation, that recommendation shall be disregarded, but the application shall be deemed to be, and shall be deemed always to have been, sufficient if –(a) a fresh medical recommendation complying with the requirements of this Part is furnished to the hospital authority within the relevant period; and(b) that recommendation, and the other recommendation on which the application is founded, together comply with those requirements.(6) Where the medical recommendations upon which an application for admission is founded are, taken together, insufficient to warrant the detention of the patient in pursuance of the application, a notice under subsection (4) may be given in respect of either of those recommendations; but this subsection does not apply in a case where the application is of no effect by virtue of subsection (3) of section 20 .(7) Nothing in this section authorizes the giving of a notice in respect of an emergency application, or the detention of a patient admitted in pursuance of such an application after the period of 72 hours referred to in subsection (4) of section 19 , unless the conditions set out in paragraphs (a) and (b) of that subsection are complied with or would be complied with apart from any error or defect to which this section applies.
Division 2 - Provisions as to patients admitted to hospital or guardianship
25. Re-classification of patients
(1) [Section 25 Subsection (1) amended by No. 33 of 1996, s. 15, Applied:01 Sep 1997] If, in the case of a patient who is for the time being detained in a hospital in pursuance of an application for admission for treatment, it appears to the responsible medical officer that the patient is suffering from a mental disorder other than the form or forms specified in the application or is not suffering from the form or any of the forms of mental disorder so specified, he may furnish to the hospital authority, a report stating the form or forms of mental disorder from which, it appears to him, the patient is suffering; and, where a report is so furnished, the application has effect as if that form or those forms of mental disorder were specified therein in place of the form or forms of mental disorder so specified before the report was so furnished.(2) Where a report is furnished under this section in respect of a patient who is liable to be detained and who has attained the age of 25 years and that report states that it appears to the responsible medical officer by whom it is made that the patient is suffering from psychopathic disorder or subnormality, but does not state that it so appears that the patient is suffering from mental illness or severe subnormality, the report shall also state whether or not it appears to the responsible medical officer that the patient if he were released from hospital would act in a manner dangerous to other persons or to himself.(3) [Section 25 Subsection (3) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] Where a report is furnished under this section in respect of a patient who has attained the age of 16 years the hospital authority shall cause the patient and his nearest relative to be informed, and the patient or that relative may, within the period of 28 days beginning with the day on which he is so informed, apply to the Tribunal.(4) [Section 25 Subsection (4) omitted by No. 33 of 1996, s. 15, Applied:01 Sep 1997] . . . . . . . .
[Section 26 Substituted by No. 33 of 1996, s. 16, Applied:01 Sep 1997][Section 27 Repealed by No. 33 of 1996, s. 16, Applied:01 Sep 1997] . . . . . . . .(1) In such circumstances and subject to such conditions as may be prescribed, a patient who is for the time being liable to be detained in a hospital, by virtue of an application, may be transferred to another hospital.(2) Where a patient is transferred under subsection (1) and he or she is liable to be detained in a hospital by virtue of an admission application and is transferred to another hospital, this Part applies to him or her as if –(a) the application were an application for admission to that other hospital; and(b) the patient had been admitted to that other hospital at the time when he or she was originally admitted to a hospital under the application.(3) Regulations made for the purposes of this section may make provision with respect to the conveyance to their destination of patients authorised to be transferred under the regulations.
28. Leave of absence from hospital
(1) The responsible medical officer may grant to a patient who is for the time being liable to be detained in a hospital under this Part leave to be absent from the hospital subject to such conditions (if any) as that officer considers necessary in the interests of the patient or for the protection of other persons.(2) Leave of absence may be granted to a patient under this section either indefinitely or on specified occasions or for any specified period; and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the patient.(3) Where it appears to the responsible medical officer that it is necessary so to do in the interests of the patient or for the protection of other persons, he may, upon granting leave of absence under this section, direct that the patient remain in custody during his absence; and where leave of absence is so granted the patient may be kept in the custody of any officer on the staff of the hospital, or of any person authorized in that behalf in writing by the hospital authority.(4) In a case where a patient is absent from a hospital in pursuance of leave of absence granted under this section, and it appears to the responsible medical officer that it is necessary so to do in the interests of the patient's health or safety or for the protection of other persons, that officer may, subject to subsection (5) , by notice in writing given to the patient or to the person for the time being in charge of the patient, revoke the leave of absence and recall the patient to the hospital.(5) A patient to whom leave of absence is granted under this section shall not be recalled under subsection (4) after he has ceased to be liable to be detained therein; and without prejudice to any other provision of this Part that patient shall cease to be so liable at the expiration of the period of 6 months beginning with the first day of his absence on leave unless either –(a) he has returned to the hospital, or has been transferred to another hospital under this Part, before the expiration of that period; or(b) he is absent without leave at the expiration of that period.
29. Return and re-admission of patients absent without leave
[Section 30 Repealed by No. 33 of 1996, s. 18, Applied:01 Sep 1997] . . . . . . . .(1) Where a patient who is for the time being liable to be detained in a hospital under this Part –he may, subject to the provisions of this section, be taken into custody and returned to that hospital or place by any authorized officer, by any officer on the staff of the hospital, by a police officer, or by any person authorized in writing by the hospital authority.(a) absents himself from the hospital without leave granted under section 28 ;(b) fails to return to the hospital on any occasion on which, or at the expiration of any period for which, leave of absence was granted to him under that section, or upon being recalled thereunder; or(c) absents himself without permission from any place where he is required to reside in accordance with conditions imposed on the grant of leave of absence under that section –(2) [Section 29 Subsection (2) substituted by No. 33 of 1996, s. 17, Applied:01 Sep 1997] A patient is not to be taken into custody under this section after the expiration of a period of 28 days beginning with the first day of his or her absence without leave and a patient who has not returned or been taken into custody under this section within that period ceases to be liable to be detained at the expiration of that period.(3) [Section 29 Subsection (3) omitted by No. 33 of 1996, s. 17, Applied:01 Sep 1997] . . . . . . . .(4) In this Act, absent without leave means absent from any hospital or other place and liable to be taken into custody and returned under this section.
31. Visiting and examination of patients
(1) [Section 31 Subsection (1) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] For the purpose of advising whether an application to the Tribunal should be made by or in respect of a patient who is liable to be detained, or of furnishing information as to the condition of a patient for the purposes of such an application, or of advising as to the exercise by the nearest relative of any such patient of any power to order his discharge, a medical practitioner authorized by or on behalf of the patient or other person who is entitled to make or has made the application, or by the nearest relative of the patient, as the case may be, may, at any reasonable time, visit the patient and examine him in private.(2) Where application is made to the Minister to exercise, in respect of a patient liable to be detained in a hospital that is a private medical establishment, any power to make an order for the discharge of that patient, the Minister, or any person authorized by him in that behalf may, at any reasonable time, visit the patient and interview him in private.(3) A person authorized under subsection (2) to visit a patient may require the production of, and inspect, any documents constituting or alleged to constitute the authority for the detention of the patient under this Part; and any person so authorized, being a medical practitioner, may examine the patient in private, and may require the production of and inspect any medical records relating to the treatment of the patient in the hospital.
Division 3 - Duration of authority and discharge
(1) [Section 32 Subsection (1) amended by No. 33 of 1996, s. 19, Applied:01 Sep 1997] Subject to this Part, a patient admitted to a hospital in pursuance of an application for admission for treatment may be detained in that hospital for a period not exceeding one year beginning with the day on which he was so admitted but shall not be so detained or kept for any longer period unless the authority for his detention or guardianship is renewed under this section.(2) [Section 32 Subsection (2) amended by No. 33 of 1996, s. 19, Applied:01 Sep 1997] Authority for the detention of a patient may, unless the patient has previously been discharged, be renewed under this section–(a) from the expiration of the period referred to in subsection (1) , for a further period of one year; and(b) from the expiration of any period of renewal under paragraph (a) or under this paragraph, for a further period of two years.(3) Within the period of two months ending on the day on which a patient who is liable to be detained in pursuance of an application for admission for treatment would cease under this section to be so liable in default of the renewal of the authority for his detention, it shall be the duty of the responsible medical officer to examine the patient; and if it appears to him that it is necessary in the interests of the patient's health or safety or for the protection of other persons that the patient should continue to be liable to be detained, he shall furnish to the hospital authority of the hospital at which the patient is liable to be detained a report to that effect.(4) [Section 32 Subsection (4) omitted by No. 33 of 1996, s. 19, Applied:01 Sep 1997] . . . . . . . .(5) [Section 32 Subsection (5) amended by No. 33 of 1996, s. 19, Applied:01 Sep 1997] Where a report is furnished under subsection (3) , the authority for the detention of the patient shall be thereby renewed for the period prescribed in that case by subsection (2) .(6) [Section 32 Subsection (6) amended by No. 33 of 1996, s. 19, Applied:01 Sep 1997] Where a report under this section is furnished in respect of a patient who has attained the age of 16 years, the hospital authority or the Board, as the case may be, shall, unless they discharge the patient, cause him to be informed, and the patient may, within the period for which the authority for his detention is renewed by virtue of the report, apply to the Tribunal.
33. Special provisions as to psychopathic and subnormal patients
(1) A patient who is liable to be detained as a psychopathic or subnormal patient by virtue of an application for admission for treatment shall cease to be so liable on attaining the age of 25 years unless the authority for his detention is renewed under subsection (2) .(2) Where a patient is liable to be detained as a psychopathic or subnormal patient by virtue of an application for admission for treatment, the responsible medical officer shall examine him during the period of two months ending on the day on which he will attain the age of 25 years and if it appears to him that the patient, if he is released from hospital upon attaining that age, would be likely to act in a manner dangerous to other persons or to himself, shall furnish to the hospital authority a report to that effect; and where such a report is so furnished the authority for the detention of the patient is thereby renewed.(3) Where a report under subsection (2) is furnished in respect of a patient, the hospital authority shall cause the patient to be informed, and the patient may, at any time before the expiration of a period of 28 days beginning with the day on which he attained the age of 25 years, apply to the Tribunal.(4) Where a patient who has attained the age of 25 years is liable to be detained by virtue of an application for admission for treatment and a report is furnished under section 25 stating that it appears to the responsible medical officer by whom it is made that the patient is suffering from psychopathic disorder or subnormality, but not from mental illness or severe subnormality, and that if the patient were released from hospital he would not act in a manner dangerous to other persons or to himself, the patient shall, on that report being so furnished, cease to be liable to be detained in pursuance of that application.(5) [Section 33 Subsection (5) omitted by No. 33 of 1996, s. 20, Applied:01 Sep 1997] . . . . . . . .(6) [Section 33 Subsection (6) omitted by No. 33 of 1996, s. 20, Applied:01 Sep 1997] . . . . . . . .
34. Special provisions as to patients absent without leave
(1) [Section 34 Subsection (1) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] If on the day on which, apart from this section, a patient would cease to be liable to be detained under this Part or, within the period of one week ending on that day, the patient is absent without leave, he shall not cease to be so liable or so subject–(a) in any case, until the expiration of the period during which he may be taken into custody under section 29 , or the day on which he is returned or returns to the hospital or place where he ought to be, whichever is the earlier; and(b) if he is returned or returns to the hospital or place where he ought to be within the period during which he may be taken into custody under section 29 , until the expiration of the period of one week beginning with the day on which he is so returned or so returns.(2) [Section 34 Subsection (2) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] Where the period for which a patient is liable to be detained is extended by virtue of this section, any examination and report to be made and furnished under subsection (3) or subsection (4) of section 32 or subsection (2) of section 33 may be made and furnished within that period as so extended.(3) [Section 34 Subsection (3) amended by No. 33 of 1996, s. 21, Applied:01 Sep 1997] Where the authority for the detention of a patient is renewed by virtue of this section after the day on which, apart from this section, that authority would have expired under section 32 or section 33 , the renewal takes effect as from that day.
35. Special provisions as to patients sentenced to imprisonment, &c.
(1) [Section 35 Subsection (1) amended by No. 33 of 1996, s. 22, Applied:01 Sep 1997] This section applies to a patient who is liable to be detained by virtue of an application (in this section referred to as the "relevant application") and, when so liable or so subject, is detained in custody in pursuance of any sentence, order, direction, or other determination passed or made by a court having jurisdiction in the State.(2) Where a patient to whom this section applies is detained in such custody as is referred to in subsection (1) for a period exceeding, or for successive periods exceeding in the aggregate, 6 months, the relevant application ceases to have effect at the expiration of that period of 6 months.(3) [Section 35 Subsection (3) amended by No. 33 of 1996, s. 22, Applied:01 Sep 1997] Where a patient to whom this section applies is detained in such custody as is referred to in subsection (1) and the relevant application does not cease to have effect under subsection (2) he shall, if, apart from this section, he would have ceased to have been liable to be detained in a hospital on or before the day on which he was discharged from that custody, be deemed to have continued, in pursuance of the relevant application, to be so liable or so subject (as the case may be) until the end of the day on which he was so discharged from that custody.(4) Sections 29 and 34 apply in relation to a patient to whom this section applies, other than a patient in respect of whom the relevant application ceases to have effect under subsection (2) , as if he had absented himself without leave on the day on which he was discharged from the custody referred to in subsection (1) .(5) Subsections (2) and (3) do not apply in the case of a patient where the relevant application is an application for admission for observation, and subsection (4) does not apply in respect of such a patient unless he is discharged from the custody referred to in subsection (1) before the expiration of the period during which he may under subsection (3) of section 18 be detained in hospital in pursuance of that application.(6) Where by such a sentence or order as is referred to in subsection (1) a person is liable to be detained in custody, he shall be deemed to be in that custody at any time during which, although at large, he is liable to be retaken and returned to custody or be required to return to custody.
(1) [Section 36 Subsection (1) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] Subject to this section, a patient who is for the time being liable to be detained under this Part ceases to be so liable or so subject if an order in writing discharging him from detention or guardianship (in this Act referred to as an "order for discharge") is made in accordance with this section.(2) An order for discharge may be made in respect of a patient –(a) where the patient is liable to be detained in a hospital in pursuance of an application for admission for observation, by the responsible medical officer or by the hospital authority;(b) [Section 36 Subsection (2) amended by No. 33 of 1996, s. 23, Applied:01 Sep 1997] where the patient is liable to be so detained in pursuance of an application for admission for treatment, by the responsible medical officer, by the hospital authority, or by the nearest relative of the patient.(c) [Section 36 Subsection (2) amended by No. 33 of 1996, s. 23, Applied:01 Sep 1997] . . . . . . . .(3) Where the patient is liable to be detained in a private medical establishment in pursuance of an admission application an order for his discharge may, without prejudice to subsection (2) , be made by the Minister.
37. Restrictions on discharge by nearest relative
(1) Where a report under subsection (2) of section 33 has been furnished in respect of a patient, an order for discharge shall not be made by the nearest relative of the patient during the period of 6 months beginning with the date of the report.(2) An order for the discharge of a patient who is liable to be detained in a hospital shall not be made by his nearest relative except after giving not less than 72 hours' notice in writing to the hospital authority.(3) If within 72 hours after a notice has been given to the hospital authority for the purposes of subsection (2) , the responsible medical officer furnishes to the hospital authority a report certifying that in his opinion the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself –(a) an order for the discharge of the patient made by the nearest relative of the patient in pursuance of that notice is of no effect; and(b) no further order for the discharge of the patient shall be made by that relative during the period of 6 months beginning with the date of the report.(4) Where a report under subsection (3) is furnished with respect to a patient, the hospital authority shall cause the nearest relative to be informed of the fact that the report has been made, and that relative may, within the period of 28 days beginning with the day on which he is so informed, apply to the Tribunal in respect of the patient.
Division 4 - Relatives and nearest relatives of patients
38. Interpretation of relative and nearest relative
(1) In this Act, in relation to a patient, relative means any of the following persons, namely:(a) The husband or wife of the patient;(b) A son or daughter of the patient;(c) The father of the patient;(d) The mother of the patient;(e) A brother or sister of the patient;(f) A grandparent of the patient;(g) A grandchild of the patient;(h) An uncle or aunt of the patient; and(i) A nephew or niece of the patient.(2) [Section 38 Subsection (2) amended by No. 36 of 1974, s. 12 and Sched. 1 ]In deducing relationships for the purposes of this section, an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject to this subsection, a relationship of the half-blood shall be treated as a relationship of the whole blood.(3) For the purposes of this section, a relative of a patient specified in any one of the paragraphs of subsection (1) is a nearer relative than any of the relatives specified in any of the succeeding paragraphs of that subsection and, subject to this section, a person is, for the purposes of this Act, the nearest relative of a patient if that patient has no nearer relatives for the time being surviving.(4) For the purposes of subsection (3) a relative of the whole blood specified in any one of the paragraphs of subsection (1) shall be deemed to be a nearer relative than a relative of the half-blood specified in that paragraph.(5) Where under subsection (3) there would, apart from this subsection, be two or more persons who are the nearest relatives of a patient the elder or eldest of those persons, regardless of sex, shall be deemed to be the nearest relative of the patient.(6) Where the person who, under the foregoing provisions of this section, would be the nearest relative of a patient –the nearest relative of the patient shall be ascertained as if that person were dead.(a) is not ordinarily resident in the State;(b) being the husband or wife of the patient, is permanently separated from the patient, either by agreement or under an order of a court (whether or not that court is a court having jurisdiction in the State), or has deserted or has been deserted by the patient for a period that has not come to an end; or(c) not being the husband, wife, father, or mother of the patient, has not attained the age of 21 years –(7) In this section, husband or wife includes a person who is living with the patient as the patient's husband or wife, as the case may be, or, if the patient is for the time being an in-patient, was so living until the patient last became an in-patient, and has been or had been so living for a period of not less than 6 months; but a person shall not be treated by virtue of this subsection as the nearest relative of a married patient unless the husband or wife of the patient is disregarded by virtue of paragraph (b) of subsection (6) .
39. Nearest relative of infant under guardianship, &c.
(1) Where a patient (not being a ward of the State) who has not attained the age of 21 years –the person or persons so having the guardianship or custody of the patient shall, to the exclusion of any other person, be deemed to be his nearest relative.(a) is, by virtue of an order made by a court in the exercise of jurisdiction in respect of the guardianship of infants, or by virtue of a deed or will executed by his father or mother, under the guardianship of any person, or is under the joint guardianship of two persons; or(b) is, by virtue of an order made by a court in the exercise of jurisdiction in respect of the guardianship of infants or in matrimonial proceedings or by virtue of a separation agreement between his father and mother, in the custody of any person –(2) Subsection (6) of section 38 applies in relation to a person who is, or who is one of the persons who are, deemed to be the nearest relative of a patient by virtue of this section as it applies in relation to a person who would be the nearest relative under subsections (3) , (4) , and (5) of that section.(3) A patient shall be treated for the purposes of this section as being in the custody of another person if he would be in that other person's custody apart from section 23 .(4) For the purposes of this section, but without prejudice to the generality of the provisions thereof –shall be deemed to be an order made by a court in the exercise of jurisdiction in respect of the guardianship of infants.(a) an order made under section 428 of the Criminal Code ; and(b) an order made under subsection (5) of section 34 of the Child Welfare Act 1960 , or the corresponding provisions in any Act repealed by that Act –(5) References in this section to a court shall be construed as references to any court whether or not that court has jurisdiction in this State, and references in this section to the jurisdiction of a court in respect of the guardianship of infants shall be construed as including references to any jurisdiction exercisable for the purpose of securing the proper care of an infant or of protecting him from harm.
40. Nearest relative of wards of the State
[Section 40 Amended by No. 46 of 1991, s. 4 and Sched. 2 ]The Director for Community Welfare shall be deemed, for the purposes of this Act, to be the nearest relative of a ward of the State to the exclusion of any other person.
41. Appointment by magistrate of acting nearest relative
(1) A magistrate may, upon an application made in accordance with this section in respect of a patient, by order direct that the functions under this Part of the nearest relative of the patient shall, during the continuance in force of the order, be exercisable by the applicant, being a person who, in the opinion of the magistrate, is a proper person to act as the patient's nearest relative and is willing so to do.(2) An order under subsection (1) may be made on the application of –(a) any relative of the patient; or(b) any other person with whom the patient is residing, or, if the patient is then an in-patient, was last residing before he became an in-patient.(3) A magistrate may, upon application being made in accordance with this section by the Minister, by order direct that the functions under this Part of the nearest relative of a patient shall, during the continuance in force of the order, be exercisable by the Minister or by such person, or the holder for the time being of such office, as may be specified in the application.(4) An application for an order under this section may be made upon any of the following grounds, that is to say:(a) That the patient has no nearest relative within the meaning of this Act, or that it is not reasonably practicable to ascertain whether he has such a relative, or who that relative is;(b) That the nearest relative of the patient is incapable of acting as such by reason of mental disorder or other illness;(c) [Section 41 Subsection (4) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] That the nearest relative of the patient unreasonably objects to the making of an application for admission for treatment in respect of the patient; or(d) That the nearest relative of the patient has exercised without due regard to the welfare of the patient or the interests of the public his power to discharge the patient from hospital or guardianship under this Part, or is likely to do so.(5) If, immediately before the expiration of the period for which a patient is liable to be detained by virtue of an application for admission for observation, an application under this section, being an application made on any of the grounds specified in paragraph (c) or paragraph (d) of subsection (4) is pending in respect of the patient, that period shall be extended –and for the purposes of this subsection an application under this section shall be deemed to have been finally disposed of at the expiration of the time allowed for appealing from, or moving the Supreme Court to review, the decision of the police magistrate or, if notice of appeal or notice to review has been served within that time, when the appeal has been heard or withdrawn, and "pending" shall be construed accordingly.(a) in any case, until the application under this section has been finally disposed of; and(b) if an order is made in pursuance of the application under this section, for a further period of 7 days –(6) While an order made under this section is in force, the provisions of this Part (other than this section and section 42 ) shall apply in relation to the patient as if for any reference to the nearest relative of the patient there were substituted a reference to the person having the functions of that relative under that order and (without prejudice to section 42 ) shall so apply notwithstanding that the person who was the patient's nearest relative at the time when the order was made is no longer his nearest relative.(7) [Section 41 Subsection (7) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] Where an order is made under this section in respect of a patient who is or subsequently becomes liable to be detained in pursuance of an application, the nearest relative of the patient may make an application to the Tribunal in respect of the patient within the period of 12 months beginning with the date of the order, and in any subsequent period of 12 months during which the order continues in force.
42. Discharge and variation of orders under s. 41
(1) On an application made in accordance with this section a magistrate may discharge an order made under section 41 or may vary such an order by substituting for the person named therein as the person having the functions of the nearest relative of the patient some other person who is willing to exercise those functions and who, in the opinion of the police magistrate is a proper person so to do, or, with the consent of the Minister, the Minister or the holder for the time being of an office specified by him.(2) Where a person having the functions of a nearest relative under an order made under section 41 dies, those functions shall not, until the order is discharged or varied, be exercised by any person.(3) Subsection (2) does not apply where the functions of a nearest relative are exercisable by the holder for the time being of an office specified in the order.(4) An application for the discharge or variation of an order made under section 41 may be made by the person having, by virtue of that order, the functions of the nearest relative of the patient or, if that person is dead, any relative of the patient.(5) Without prejudice to subsection (4) , where an order has been made under section 41 on any of the grounds specified in paragraph (a) or paragraph (b) of subsection (4) of that section an application for the discharge of that order may be made by the nearest relative of the patient, if the person who, at the time the order was made, was the nearest relative of the patient has since died or has ceased to be the nearest relative of the patient.(6) Without prejudice to subsection (4) or subsection (5) , an application for the discharge or variation of an order made under section 41 may be made by the Minister.(7) An order made under section 41 with respect to a patient, unless previously discharged under this section, ceases to have effect –(a) [Section 42 Subsection (7) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] if the patient was on the date on which the order was made, liable to be detained in pursuance of an application for admission for treatment, or becomes so liable or so subject within the period of 3 months beginning with that date, when he ceases to be so liable or so subject (otherwise than on being transferred in pursuance of regulations under section 26 ); or(b) [Section 42 Subsection (7) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] if the patient was not on the date on which the order was made liable to be detained in pursuance of an application for admission for treatment and, within the period of 3 months commencing on that date, does not become so liable to be detained or subject to guardianship, at the expiration of that period.
Division 5 - Miscellaneous and supplemental
43. References to Tribunal by Minister
[Section 43 Amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] The Minister may, if he thinks fit, at any time refer to the Tribunal the case of any patient who is liable to be detained under this Part.
(1) An admission application in respect of a ward of court may be made with the leave of the Supreme Court; and subsection (3) of section 16 does not apply in relation to any application so made.(2) Where an infant who is a ward of court is liable to be detained in a hospital by virtue of an admission application, any power exercisable under this Part in relation to the patient by his nearest relative shall be exercisable by or with the leave of the Supreme Court.(3) [Section 44 Subsection (3) omitted by No. 33 of 1996, s. 24, Applied:01 Sep 1997] . . . . . . . .
45. Appeals from decisions of magistrates
An order or other decision made by a magistrate under this Part shall be deemed to be an order within the meaning of Part XI of the Justices Act 1959 .
(1) Regulations for the purposes of this Part may –(a) require the hospital authority of a hospital to keep such registers and records as may be prescribed in respect of patients liable to be detained in that hospital, and to furnish or make available to those patients, and their relatives, such written statements of their rights and powers under this Act as may be prescribed;(b) provide for the determination of the age of any person whose exact age cannot be ascertained by reference to the register kept under the Registration of Births and Deaths Act 1895 ;(c) make provision for enabling the functions under this Part of the nearest relative of a patient to be performed, in such circumstances and subject to such conditions (if any) as may be prescribed, by any person authorized in that behalf by that relative;(d) regulate the manner in which the functions of a hospital authority may be exercised under this Part and may authorize, in such circumstances and subject to such conditions (if any) as may be prescribed, those functions to be exercised by an officer or other person acting on behalf of that authority; and(e) regulate the proceedings taken before a magistrate under this Part.(2) Regulations made for the purposes of paragraph (e) of subsection (1) may make provision –(a) for the hearing of the proceedings to which the regulations relate otherwise than in open court;(b) for the admission in those proceedings of evidence of such descriptions as may be prescribed notwithstanding anything to the contrary in any enactment or rule of law relating to the admissibility of evidence; and(c) for the visiting or interviewing of patients in private by or under the directions of the police magistrate.
PART IV - Patients Concerned in Criminal and Other Proceedings
Division 1 - Preliminary
(1) In this Part, unless the contrary intention appears –court of petty sessions includes a children's court;patient whose discharge is subject to restriction means a person –(a) who is liable to serve a sentence of imprisonment and in respect of whom a hospital order is in force; or(b) in respect of whom a restriction order or a restriction direction is in force.(2) [Section 47 Subsection (2) amended by No. 46 of 1991, s. 5 and Sched. 3 ]References in this Part to a sentence of imprisonment shall be deemed to include references to –and for the purposes of this Part a person shall be deemed to be a person liable to serve a sentence of imprisonment during the period between the taking effect of that sentence and its expiration.(a) a sentence or order of the court whereby a person is authorized or required to be detained in an institution within the meaning of section 72 of the Police Offences Act 1935 ; and(b) a sentence or order of the court whereby a person is committed to prison –(i) on his refusal, failure, or neglect to enter into a recognizance that he has been required to enter into on his conviction for an offence or under Part X of the Justices Act 1959 ; or(ii) in default of the payment of any sum adjudged to be paid on his conviction for an offence –(3) Where sentences of imprisonment have been passed on a person so as to run concurrently or consecutively those sentences shall, subject to this Act, be treated for the purposes of this Act as one sentence of imprisonment for the term during which, if no hospital order or transfer direction had been made in respect of him, he would have been liable to be detained in pursuance of those sentences.(4) Where a sentence of imprisonment is passed on a person and the further execution of that sentence after a specified term (in this subsection referred to as "the initial term") is suspended that sentence shall, for the purposes of this Act, be treated as a sentence of imprisonment for the initial term together with a further sentence, the execution of which is suspended, for a term equivalent in length to the amount by which the full term of the sentence so passed exceeds the initial term.(5) For the purposes of subsection (2) a sentence of imprisonment the execution of which is suspended shall be deemed not to have taken effect unless it has been put into execution.(6) Where a person is liable to serve a sentence of imprisonment he shall, for the purpose of determining the date of the expiration of that sentence, be deemed to be serving that sentence throughout any period during which he would have been liable to have been detained in custody in pursuance of that sentence if a hospital order or transfer direction had not been made in respect of him.(7) References in this Act to the expiration of a sentence of imprisonment passed on a person shall be construed as references to the expiration of the period during which he is liable to be detained in custody in pursuance of that sentence or would be so liable if a hospital order or a transfer direction had not been made in respect of him.(8) [Section 47 Subsection (8) omitted by No. 46 of 1991, s. 5 and Sched. 3 ]. . . . . . . .(9) References in this Act to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction on imprisonment imposed by or under any enactment by reference to the age of the offender.
Division 2 - Persons found guilty of offences, &c.[Section 48 Amended by No. 8 of 1989, s. 5 ][Section 48 Subsection (1) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] [Section 48 Subsection (1A) inserted by No. 124 of 1977, s. 4 ][Section 48 Subsection (1A) substituted by No. 33 of 1996, s. 25, Applied:01 Sep 1997] [Section 48 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 49 Subsection (1) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] [Section 49 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 50 Subsection (1) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] [Section 50 Subsection (3) omitted by No. 8 of 1989, s. 6 ][Section 50 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 51 Subsection (1) amended by No. 33 of 1996, s. 26, Applied:01 Sep 1997] [Section 51 Subsection (1) amended by No. 124 of 1977, s. 6 ][Section 51 Subsection (1) amended by No. 33 of 1996, s. 26, Applied:01 Sep 1997] [Section 51 Subsection (2A) omitted by No. 8 of 1989, s. 7 ][Section 51 Subsection (4) omitted by No. 33 of 1996, s. 26, Applied:01 Sep 1997] [Section 51 Subsection (5) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] [Section 51 Subsection (6) amended by No. 33 of 1996, s. 26, Applied:01 Sep 1997] [Section 51 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 52 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 53 Subsection (2) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 53 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 54 Substituted by No. 8 of 1989, s. 8 ][Section 54 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 55 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 55 Subsection (4) amended by No. 8 of 1989, s. 9 ][Section 55 Subsection (5) omitted by No. 33 of 1996, s. 27, Applied:01 Sep 1997] [Section 55 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 56 Repealed by No. 124 of 1977, s. 7 ]. . . . . . . . [Section 57 Subsection (2) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] [Section 57 Subsection (3) omitted by No. 33 of 1996, s. 28, Applied:01 Sep 1997] [Section 57 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 58 Subsection (1) amended by No. 33 of 1996, s. 29, Applied:01 Sep 1997] [Section 58 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .
Division 3 - Transfer of persons in custody
59. General provisions as to transfer directions
(1) [Section 59 Subsection (1) amended by No. 124 of 1977, s. 8 ]Where a person is detained in custody in such circumstances as are specified in this Division the Attorney-General may, if he is of opinion, having regard to the public interest and all the circumstances, that it is expedient so to do, by warrant direct the person named therein to be removed to and detained in such institution as may be specified in the warrant, and where the Attorney-General is authorized to issue such a warrant, he may, if he thinks fit, by that warrant further direct that the discharge of that person shall be subject to the restrictions provided for in Division 4 of this Part.(2) [Section 59 Subsection (2) amended by No. 124 of 1977, s. 8 ]A direction made under this Division directing that a person shall be removed to and detained in an institution is in this Act referred to as a transfer direction, and a direction so made that his discharge shall be subject to the restrictions provided for in Division 4 of this Part is, in this Act, referred to as a restriction direction.(3) References in this Act to the making of a transfer direction or the making of a restriction direction shall be construed as references to the issue of a warrant containing that direction.(4) A transfer direction shall only be made after consideration by the Attorney-General of the reports (in this section referred to as "the medical reports") of two medical practitioners who have examined the person to whom the direction relates and one at least of whom is an approved medical practitioner.(5) A medical report shall state the form or forms of mental disorder from which, in the opinion of the medical practitioner by whom it is made, the person to which it relates is suffering, and the fact that a person upon whom medical reports have been made is suffering from a form of mental disorder shall for the purposes of this Part be deemed to have been reported to the Attorney-General if, and only if, it is stated in each of those medical reports that, in the opinion of the medical practitioner by whom it is made, he is suffering from that form of mental disorder, and that fact shall be deemed so to have been reported notwithstanding that he is described in either of those reports as suffering from some other form of mental disorder.(6) [Section 59 Subsection (6) amended by No. 124 of 1977, s. 8 ]No transfer direction shall be made in respect of any person unless it is stated in each of the medical reports upon which the direction is made that, in the opinion of the medical practitioner by whom the report is made, the mental disorder from which that person is suffering is of a nature or degree that warrants his detention in an institution for medical treatment.(7) [Section 59 Subsection (7) amended by No. 124 of 1977, s. 8 ]A transfer direction ceases to have effect after the expiration of a period of 14 days beginning with the date on which it is made unless within that period the person to whom it relates has been received into the institution specified in the direction.(8) [Section 59 Subsection (8) amended by No. 124 of 1977, s. 8 ]A transfer direction is sufficient authority for a police officer or an authorized officer to convey the patient to whom it relates to the institution specified in the direction.
60. Transfer directions in respect of persons serving sentences of imprisonment
(1) A transfer direction may be made in respect of a person who is serving a sentence of imprisonment where it is reported to the Attorney-General that he is suffering from mental illness, psychopathic disorder, subnormality, or severe subnormality.(2) [Section 60 Subsection (2) omitted by No. 46 of 1991, s. 5 and Sched. 3 ]. . . . . . . .(3) [Section 60 Subsection (3) substituted by No. 124 of 1977, s. 9 ]A transfer direction made under this section in respect of a person serving a sentence of imprisonment ceases to have effect on the expiration of the sentence; and, where that direction so ceases to have effect, he continues to be liable to be detained under this Act as provided in section 63 .
61. Transfer directions in respect of persons detained during criminal proceedings
(1) [Section 61 Subsection (1) amended by No. 8 of 1989, s. 10 ]Where a person has been charged with the commission of an offence and, otherwise than under a sentence of imprisonment, that person is being detained in custody in pursuance of any order made by a court in any proceedings on that charge or of any action taken consequent on the making of that charge or in any proceedings thereon, the Attorney-General may make a transfer direction in respect of that person if it is reported to him that that person is suffering from mental illness or severe subnormality.(2) No transfer direction shall be made under this section in respect of any person unless a restriction direction is also made in respect of him.(3) A transfer direction made under this section ceases to have effect when by virtue of any verdict or sentence passed or any order made by a court his case is finally disposed of by that court.(4) [Section 61 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Where a person is being detained in an institution in pursuance of a transfer direction and by virtue of an order of a court is required to be brought or to appear before a court, the court before which he is required to be brought or to appear may, at or before the time at which he is so required to be brought or to appear, make, in his absence, any order that it could have made if he had been brought before that court, other than an order by virtue of which his case is finally disposed of by that court or an order committing him for trial.(5) [Section 61 Subsection (5) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Nothing in this section prejudices or affects the powers of a court to make any order by virtue of which a person is authorized or required to be brought, or required to appear, before a court, but, notwithstanding anything in any other enactment, where a person has been admitted to an institution in pursuance of a transfer direction made under this section, a court shall not be required to make any order whereby that person, until he is brought or appears before a court in proceedings on any charge, is authorized or required to be detained in custody otherwise than in pursuance of the transfer direction.(6) [Section 61 Subsection (6) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Where a person who is detained in custody in any proceedings on a charge is admitted to an institution in pursuance of a transfer direction made under this section, any order made by a court whereby he is authorized or required to be detained in custody until he is brought or appears before a court in any proceedings on that charge, or for the purpose of securing his attendance at a court in those proceedings, shall be deemed to be sufficiently complied with so long as that transfer direction remains in force and the powers and authorities conferred by this Act are exercisable in relation to him in pursuance of that transfer direction.(7) [Section 61 Subsection (7) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Where a person has been admitted to an institution in pursuance of a transfer direction any order of a court whereby he is authorized or required to be brought, or is required to appear, before a court is, without prejudice to the exercise of any other powers conferred by that order, sufficient authority for a police officer, an authorized officer, any person on the staff of the institution in which the person to whom the transfer direction relates is liable to be detained, or any person authorized in writing by the controlling authority of that institution, to bring him before that court.(8) [Section 61 Subsection (8) amended by No. 124 of 1977, s. 10 ]Where a transfer direction made under this section in respect of any person ceases to have effect then, unless the court before which he is brought –he continues to be liable to be detained under this Act as provided in section 63 .(a) passes sentence of imprisonment upon him (other than a sentence of imprisonment the execution of which is suspended);(b) passes any other sentence or makes any order by virtue of which he is liable forthwith to be detained in custody; or(c) [Section 61 Subsection (8) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] makes a hospital order in respect of him–(9) [Section 61 Subsection (9) omitted by No. 124 of 1977, s. 10 ]. . . . . . . .(10) Subject to the following provisions of this section, where in any proceedings on a charge against any person for any offence, he is acquitted or discharged, or any sentence is passed on him, or any order is made by a court on his conviction for that offence, his case shall be deemed to have been finally disposed of by that court notwithstanding that any further proceedings may be taken consequent upon that acquittal, discharge, conviction, sentence, or order.(11) Where a person is charged before justices with an indictable offence an order committing him for trial or sentence shall, for the purposes of this section, be deemed not to be a final disposal of his case by those justices.(12) The making by a court of any order that any proceedings shall be taken, or any matter shall be heard or determined, in that or any other court shall, for the purposes of this section, be deemed not to be a final disposal by that court of the case to which the order relates.(13) Where an order is made in respect of any person under subsection (4) of section 380 of the Criminal Code his case shall be deemed, for the purposes of this section, to have been finally disposed of by the Supreme Court.(14) In this section –(a) references to a court shall be construed as including references to a justice;(b) references to an order of a court shall be construed as including references to any direction, determination, or other decision made by a court and to any warrant issued by, or in pursuance of an order of, a court; and(c) references to proceedings on a charge against any person for the commission of an offence shall be construed as including references to any proceedings consequent upon any verdict, sentence, or order of a court by virtue of which his case is finally disposed of by that court within the meaning of this section.
62. Transfer directions in respect of civil prisoners
(1) A transfer direction may be made in respect of a civil prisoner where it is reported to the Attorney-General that he is suffering from mental illness or severe subnormality.(2) For the purposes of this section civil prisoner means a person committed by a court to prison for a limited term (including a person committed to prison in pursuance of a writ of attachment) not being a person who may be dealt with under section 60 or section 61 .(3) [Section 62 Subsection (3) amended by No. 124 of 1977, s. 11 ]A transfer direction made in respect of a civil prisoner ceases to have effect on the expiration of the period during which he would, but for his removal to an institution, be liable to be detained in prison.(4) [Section 62 Subsection (4) amended by No. 124 of 1977, s. 11 ]Where a transfer direction made in respect of any person ceases to have effect by virtue of subsection (3) , he shall continue to be liable to be detained under this Act as provided in section 63 .(5) [Section 62 Subsection (5) omitted by No. 124 of 1977, s. 11 ]. . . . . . . .
63. Retention of prisoners in institutions after termination of sentence, &c.
[Section 63 Inserted by No. 124 of 1977, s. 12 ](1) Where, on a transfer direction ceasing to have effect, a patient remains liable to be detained under this Act as provided in this section, he continues to be so liable as if, on the date on which the transfer direction ceased to have effect, he had been admitted, in pursuance of an application for admission for treatment, to the institution in which he was last liable to be detained under the direction; and the provisions of this Act apply in respect of him accordingly.(2) Where, in any particular case, the institution referred to in subsection (1) is a special institution, the provisions of this Act have effect in relation to the patient for the purposes of this section as if that institution were a hospital and the controlling authority of the institution the hospital authority thereof.(3) Where in a case to which this section applies the patient had attained the age of 25 years before the transfer direction ceased to have effect or will attain that age before the expiration of a period of one month after it ceased to have effect, section 33 has effect in relation to him as if he had attained that age on the expiration of that period of one month.
Division 4 - Effect of hospital orders, guardianship orders, transfer directions, &c.
64. Interpretation of Division 4
(1) [Section 64 Subsection (1) amended by No. 33 of 1996, s. 30, Applied:01 Sep 1997] [Section 64 Subsection (1) amended by No. 124 of 1977, s. 15 and Sched. 1 ]References in this Division to a patient shall be construed as references to a person who has been admitted to an institution by virtue of a hospital order or a transfer direction.(2) In this Division, relevant order or direction, when used in relation to a patient, means the order or direction made under this Part by virtue of which he is a patient within the meaning of this Division.
65. General effect of hospital orders
(1) [Section 65 Subsection (1) substituted by No. 8 of 1989, s. 11 ][Section 65 Subsection (1) substituted by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] A hospital order made in respect of a person, authorising the person to be detained in an institution named in the order, is sufficient authority for the controlling authority of that institution to admit the person to the institution at any time within a period of 2 months, beginning on the day on which the order was made, and to detain the person in accordance with this Act.(2) [Section 65 Subsection (2) omitted by No. 33 of 1996, s. 31, Applied:01 Sep 1997] . . . . . . . .(3) [Section 65 Subsection (3) amended by No. 124 of 1977, s. 15 and Sched. 1 ]A transfer direction in force in respect of a person directing that he be removed to and detained in an institution is sufficient authority for the controlling authority to admit him to that institution and thereafter detain him in accordance with this Act.(4) [Section 65 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 65 Subsection (4) omitted by No. 33 of 1996, s. 31, Applied:01 Sep 1997] . . . . . . . .(5) [Section 65 Subsection (5) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 65 Subsection (5) amended by No. 8 of 1989, s. 11 ]Where a hospital order or a transfer direction is made in respect of a person authorizing him to be detained in an institution in which he is then detained otherwise than in pursuance of that order or direction he shall for the purposes of this Part be deemed to have been admitted to that institution in pursuance of that hospital order or transfer direction on the day on which it is made.
66. Application of certain provisions of Part III to patients whose discharge is not subject to restriction
(1) This section does not apply to patients whose discharge is subject to restriction.(2) [Section 66 Subsection (2) amended by No. 33 of 1996, s. 32, Applied:01 Sep 1997] [Section 66 Subsection (2) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Subject to this Division, a patient who is admitted to an institution in pursuance of a hospital order or a transfer direction, shall be treated for the purposes of Divisions 2 , 3 , 4 , and 5 of Part III as if he had been so admitted on the appropriate date in pursuance of an application for admission for treatment duly made under that Part, and this Act has effect in relation to him accordingly.(3) [Section 66 Subsection (3) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] Section 25 has effect for the purposes of this section as if for the references therein to an admission application there were substituted references to the relevant order or direction; and subsection (2) of that section does not apply in respect of a patient to whom this section applies.(4) [Section 66 Subsection (4) amended by No. 33 of 1996, s. 32, Applied:01 Sep 1997] [Section 66 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Where a patient is transferred under section 26 , the provisions of Part III , as they have effect by virtue of this section, apply in respect of him as if the relevant order or direction were an order or direction for his admission or removal to the institution to which he is transferred and, in relation to such a patient, this subsection has effect in substitution for subsection (3) of section 26 .(5) [Section 66 Subsection (5) omitted by No. 33 of 1996, s. 32, Applied:01 Sep 1997] . . . . . . . .(6) [Section 66 Subsection (6) amended by No. 33 of 1996, s. 32, Applied:01 Sep 1997] [Section 66 Subsection (6) amended by No. 124 of 1977, s. 15 and Sched. 1 ] Section 32 has effect for the purposes of this section as if for the references therein to the day on which a patient was admitted to an institution there were substituted references to the appropriate date.(7) Section 33 does not apply in respect of a patient to whom this section applies.(8) The power under section 36 to order the discharge of a patient shall not be exercisable by his nearest relative.(9) Without prejudice to any provision in Part III applied by this Division, an application to the Tribunal may be made in respect of a patient –(a) by the patient, within the period of 6 months beginning with the appropriate date or the day on which he attains the age of 16 years, whichever is the later; and(b) by the nearest relative of the patient, within the period of 12 months beginning with the appropriate date and in any subsequent period of 12 months.(10) In this section, appropriate date means –(a) in the case of a patient who was at any time while he was liable to be detained in pursuance of the relevant order or direction a patient whose discharge was subject to restriction, the date on which he ceased to be such a patient; and(b) in any other case, the date of the relevant order or direction.
67. Application of certain provisions of Part III to patients whose discharge is subject to restriction
(1) [Section 67 Subsection (1) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Subject to this section a patient whose discharge is subject to restriction who is admitted to an institution in pursuance of a hospital order or transfer direction, shall be treated, for the purposes of the following provisions of Part III , that is to say:—as if he had been so admitted on the date of that hospital order in pursuance of an application for admission for treatment duly made under that Part, and this Act has effect in relation to him accordingly.(2) [Section 67 Subsection (2) amended by No. 33 of 1996, s. 33, Applied:01 Sep 1997] [Section 67 Subsection (2) amended by No. 124 of 1977, s. 15 and Sched. 1 ]No patient whose discharge is subject to restriction shall, under section 26 , except with the consent of the Attorney-General, be transferred under that section to another institution.(3) Subsections (3) and (4) of section 66 apply in relation to a patient whose discharge is subject to restriction as they apply in relation to a patient to whom that section applies.(4) The power to grant leave of absence under section 28 shall not be exercisable in respect of a patient whose discharge is subject to restriction without the consent of the Attorney-General, and, if leave of absence is granted to such a patient under that section, the power to recall him is vested in the Attorney-General as well as in the responsible medical officer.(5) The power of the Attorney-General under section 28 to recall the patient, and the power to take the patient into custody and return him under section 29 may be exercised at any time.(6) [Section 67 Subsection (6) inserted by No. 16 of 1984, s. 4 ]For the purposes of this section –(a) sections 26 , 28 , and 29 apply to a patient referred to in subsection (1) as if a reference in those sections to a hospital included a reference to a special institution; and(b) section 29 applies to such a patient as if a reference in that section to a hospital authority were a reference to a controlling authority.
67A. Right of patient detained in an institution to make application to Tribunal against his transfer to another institution
[Section 67A Inserted by No. 16 of 1984, s. 5 ](1) Where a patient is, pursuant to section 26 , transferred to a hospital or other institution, that patient may, at any time after he has been detained for 6 weeks in that institution, lodge an application with the Tribunal against his transfer to the institution.(2) Where a patient makes an application under subsection (1) , the Tribunal shall advise the Attorney-General on the desirability or otherwise of the continued detention of the patient in the institution to which he has been transferred.(3) Where, after a patient has made an application under subsection (1) , he continues to be detained in an institution to which he has been transferred, the patient may, at any time after he has been detained for 6 months in that institution since making that application, lodge a further application with the Tribunal against his continued detention in that institution and may make one further such application after the end of every subsequent 6 months while he continues to be detained in that institution.(4) Subsection (2) applies, with the necessary modifications, with respect to a patient who makes a further application under subsection (3) as it applies to a patient who makes an application under subsection (1) .(5) The Attorney-General –may, at any time, cause the patient to be returned to the institution from which he was transferred.(a) acting on his own motion; or(b) on the recommendation of the responsible medical officer of the institution to which a patient has been transferred –
68. References to Tribunal in respect of patients whose discharge is subject to restriction
(1) [Section 68 Subsection (1) amended by No. 16 of 1984, s. 6 ][Section 68 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Part 2 ]Notwithstanding anything in section 67 , an application, other than an application under section 67A , shall not be made to the Tribunal by or in respect of a patient whose discharge is subject to restriction.(2) [Section 68 Subsection (2) amended by No. 124 of 1977, s. 15 and Sched. 1 ]The Attorney-General may at any time refer to the Tribunal for its advice the case of a patient whose discharge is subject to restriction and, where so requested in writing in accordance with the following provisions of this section by such a patient who is detained in an institution, shall do so within the period of two months beginning with the receipt of the request unless during that period the patient ceases to be a patient whose discharge is subject to restriction (otherwise than by virtue of a direction made under subsection (1) or subsection (2) of section 70 ) or is conditionally discharged under section 70 .(3) A patient shall not be entitled to make a request to the Attorney-General under subsection (2) before the expiration of the period of one year beginning with the date of the relevant order or direction, but subject to the following provisions of this section may make one such request during each successive period of two years following the date of the making of that order or direction.(4) [Section 68 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Where a patient whose discharge is subject to restriction has been conditionally discharged under section 70 and subsequently recalled to an institution, subsection (3) applies as if the relevant order or direction had been made on the day on which he returns or is returned to an institution, but he may also make one such request as is referred to in subsection (3) of this section between the expiration of the period of 6 months and the expiration of the period of one year beginning with that day.
69. Return to prison, &c., of certain patients whose discharge is subject to restriction
(1) [Section 69 Subsection (1) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Where the Attorney-General is notified by the responsible medical officer that a patient whose discharge is subject to restriction no longer requires treatment for mental disorder, the Attorney-General may by warrant direct that that patient be remitted to any gaol or other place in which he could, at the time the warrant is issued, have been lawfully detained if the relevant order or direction had not been made, there to be dealt with as if he had not been admitted to an institution in pursuance of that order or direction.(2) A notification made to the Attorney-General under subsection (1) in respect of any person does not prejudice the exercise by or in relation to that person of the powers conferred by section 68 or section 70 .(3) [Section 69 Subsection (3) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Where a patient who is liable to serve a sentence of imprisonment is conditionally discharged under section 70 , the Attorney-General may at any time before the expiration of that sentence by warrant authorize him to be taken into custody to any gaol or other place in which he could, at the time the warrant is issued, have been lawfully detained if the relevant order or direction had not been made, there to be dealt with as if he had not been admitted to an institution in pursuance of that order or direction.(4) Where a person is taken to a gaol or other place under this section any hospital order, transfer direction, restriction order, or restriction direction then in force in respect of him ceases to have effect.
70. Discharge of patients whose discharge is subject to restriction
(1) Where, on a recommendation made by the Tribunal, the Governor is satisfied that a restriction order made in respect of a patient, not being a patient who is liable to serve a sentence of imprisonment, is no longer required for the protection of the public he may by order direct that that order shall cease to have effect, and, on his so directing, that order ceases to have effect accordingly.(2) Where, on a recommendation made by the Tribunal, the Governor is satisfied that a restriction direction made in respect of a patient is no longer required for the protection of the public he may by order direct that that direction shall cease to have effect, and, on his so directing, that order ceases to have effect accordingly.(3) [Section 70 Subsection (3) amended by No. 8 of 1989, s. 12 ]The power conferred by subsection (2) shall not be exercised in respect of a patient so long as a transfer direction made under section 61 is in force in respect of him.(4) [Section 70 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 70 Subsection (4) amended by No. 16 of 1984, s. 7 ]On a recommendation made by the Tribunal, the Governor may, subject to subsection (4A) , conditionally discharge from an institution a patient whose discharge is subject to restriction, and on being so discharged the patient, subject to this section, ceases to be liable to be detained in an institution in pursuance of the relevant order or direction.(4A) [Section 70 Subsection (4A) inserted by No. 16 of 1984, s. 7 ]A discharge under subsection (4) may be unconditional or may be subject to such conditions as the Governor determines and as specified in the instrument of discharge.(5) Where under this section the Governor is empowered to act on a recommendation made by the Tribunal in respect of any person he may so act on a recommendation made by the Tribunal on the case of that person being referred to it under section 68 .(6) [Section 70 Subsection (6) amended by No. 124 of 1977, s. 15 and Sched. 1 ]The Attorney-General may at any time by warrant under his hand recall a patient who has been conditionally discharged under subsection (4) to such institution as may be specified in the warrant; and thereupon –(a) if the institution so specified is not the institution from which the patient was conditionally discharged, the relevant order or direction has effect as if the institution specified in the warrant were substituted for the institution specified in that order or direction; and(b) in any case, the patient shall be treated for the purposes of section 29 as if he had absented himself without leave from the institution specified in the warrant.(7) Where, after a person has been conditionally discharged under this section, he ceases to be a patient whose discharge is subject to restriction he shall, unless he has previously been recalled under subsection (6) , be deemed, on so ceasing to be a patient whose discharge is subject to restriction, to be absolutely discharged and shall accordingly cease to be liable to be detained by virtue of the relevant order or direction.
71. Addition to term of sentence of period during which patient is at large
(1) Where a patient whose discharge is subject to restriction is, while he is liable to serve a sentence of imprisonment, at large in circumstances in which he is liable to be taken into custody under any provision of this Act the length of that term of imprisonment shall be deemed to be increased by the length of the period during which the patient is so at large.(2) [Section 71 Subsection (2) amended by No. 8 of 1989, s. 13 ]References in this section to a sentence of imprisonment shall be deemed not to include references to an order under section 392 of the Criminal Code that a person be detained during the Governor's pleasure.
72. Saving for power to pardon, &c.
The exercise in relation to any person of the powers and authorities conferred by this Act does not prejudice or affect the exercise of any power to grant a pardon to that person or to grant a remission, or a respite of the execution, of any sentence passed upon him.
73. Effect of orders on previous applications, &c.
(1) [Section 73 Subsection (1) amended by No. 33 of 1996, s. 34, Applied:01 Sep 1997] [Section 73 Subsection (1) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Subject to this section, where a patient (other than a patient whose discharge is subject to restriction) is admitted to an institution in pursuance of a hospital order, any previous application or order by virtue of which he is liable to be detained in an institution ceases to have effect.(2) [Section 73 Subsection (2) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] Subsection (1) does not apply if the hospital order first mentioned therein, or the conviction on which it is made, is quashed on appeal, and, in such a case, section 35 has effect as if during any period for which the patient was liable to be detained under the order he had been detained in custody as referred to in that section.
74. Orders, &c., having effect as applications, &c.
(1) [Section 74 Subsection (1) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Where a patient who is liable to be detained in an institution in pursuance of an order or direction under this Part is treated by virtue of any provision of this Part as if he had been admitted to the institution in pursuance of an order or direction of a different nature or made in different circumstances or of an application for admission for treatment, he shall be treated as if the order or application last-mentioned had described him as suffering from the form or forms of mental disorder specified in the order or direction by virtue of which he is liable to be detained in the institution.(2) [Section 74 Subsection (2) omitted by No. 33 of 1996, s. 35, Applied:01 Sep 1997] . . . . . . . .
PART V - Jurisdiction of Mental Health Review Tribunal
75. Limitation on applications
No application shall be made to the Tribunal by or in respect of a patient except in such cases and at such times as are expressly provided by this Act, and where, under any provision of this Act, any person is authorized to make an application to the Tribunal within a specified period, not more than one such application shall be made by that person within that period.
[Section 76 Amended by No. 7 of 1993, s. 6 and Sched. 2 ](1) Where application is made to the Tribunal by or in respect of a patient who is liable to be detained, the Tribunal may in any case direct that the patient be discharged, and shall so direct if it is satisfied –(a) that he is not then suffering from mental illness, psychopathic disorder, subnormality, or severe subnormality;(b) that it is not necessary in the interests of the patient's health or safety or for the protection of other persons that the patient should continue to be liable to be detained;(c) that, in the case of a patient who is liable to be detained in pursuance of an application and has attained the age of 25 years, he is suffering from psychopathic disorder or subnormality and not from mental illness or severe subnormality, and would not, if he were released from hospital, be likely to act in a manner dangerous to other persons or to himself; or(d) in the case of an application under subsection (3) of section 33 or subsection (4) of section 37 , that the patient, if released, would not be likely to act in a manner dangerous to other persons or to himself.(1A) [Section 76 Subsection (1A) inserted by No. 124 of 1977, s. 13 ]Where application is made to the Tribunal by or in respect of a patient who is liable to be detained in a special institution as provided in section 63 , and the Tribunal is satisfied that it is not necessary, in the interests of his health or safety or for the protection of other persons, for him to be detained in conditions of special security, it may, if it does not direct him to be discharged, direct that he be transferred from the special institution to a hospital nominated by the Secretary.(2) [Section 76 Subsection (2) omitted by No. 33 of 1996, s. 36, Applied:01 Sep 1997] . . . . . . . .(3) Where application is made to the Tribunal under this Act by or in respect of a patient and the Tribunal does not direct that the patient be discharged, the Tribunal shall, if it is satisfied that the patient is suffering from a form of mental disorder other than the form or any of the forms specified in the relevant application, order, or direction, or is not suffering from the form or any of the forms so specified, direct that that application, order, or direction be amended by substituting for the form or forms of mental disorder specified therein such form or forms of mental disorder as appears to the Tribunal to be appropriate.(4) This section applies in relation to any reference to the Tribunal made by the Minister under section 43 as it applies in relation to an application made to the Tribunal by or in respect of a patient, but does not apply in relation to any reference by the Attorney-General under section 68 .
76A. Transfers from special institutions at direction of Tribunal
[Section 76A Inserted by No. 124 of 1977, s. 14 ](1) [Section 76A Subsection (1) inserted by No. 7 of 1993, s. 6 and Sched. 2 ]Where under section 76 (1A) the Tribunal directs a patient to be transferred from a special institution to a hospital nominated by the Secretary, the Secretary or a person authorized by him in that behalf shall issue a certificate directing that the patient be transferred from the special institution to the hospital specified in the certificate.(2) A certificate issued under subsection (1) is sufficient authority for an officer on the staff of the special institution or the hospital to which the patient is to be transferred or a person authorized by the controlling authority of the special institution to convey the patient to that hospital within a period of 28 days beginning on the date of the direction of the Tribunal or within such longer period as the chairman of the Tribunal may approve and is endorsed on the certificate.(3) Where a patient is transferred under this section the application for admission for treatment that is deemed to have effect in relation to him under section 63 , has effect as if it were an application for admission for treatment to the hospital to which he is transferred and as if he had been admitted to that hospital at the time at which that application was first deemed to have effect.(4) A direction of the Tribunal referred to in subsection (1) (and any certificate issued pursuant thereto) ceases to be of any effect if, before the patient is transferred to a hospital pursuant to the direction, he absents himself without leave or is taken into legal custody otherwise than under this Act.(5) If, where such a direction is given in respect of a patient by the Tribunal as is referred to in subsection (1) , the patient is not transferred to a hospital under this section during the relevant period and the direction of the Tribunal still remains in effect at the end of that period, the patient ceases, at the end of that period, to be liable to be detained in pursuance of the application referred to in subsection (3) .(6) For the purposes of subsection (5) , therelevant period means the period within which the patient may be transferred to a hospital pursuant to the certificate issued under subsection (1) .
77. Regulations as to procedure, &c.
(1) Regulations for the purpose of this Act may make provision with respect to the making of applications and references to the Tribunal and with respect to the proceedings of the Tribunal and matters incidental thereto or consequential thereon, and, in particular, may make provision –(a) for regulating the manner in which any application is to be made to the Tribunal;(b) for enabling the Tribunal, or the chairman of the Tribunal, to postpone the consideration of any application by or in respect of a patient, or of any such application of any specified class, until the expiration of such period (not exceeding 12 months) as may be prescribed from the date on which an application by or in respect of the same patient, or a reference in respect of that patient, was last considered and determined by the Tribunal under this Act;(c) for restricting the persons qualified to serve as members of the Tribunal for the consideration of any application or reference, or of an application or reference of any specified class;(d) for enabling the Tribunal to dispose of an application without a formal hearing where such a hearing is not requested by the applicant or it appears to the Tribunal that such a hearing would be detrimental to the health of the patient;(e) for enabling the Tribunal to deal with a reference without a formal hearing either in all cases or in such cases as may be specified in the regulations;(f) for enabling the Tribunal to exclude members of the public, or any specified class of members of the public, from any proceedings of the Tribunal, or to prohibit the publication of reports of any such proceedings or the names of any persons concerned in those proceedings;(g) for specifying the persons who have a right to be heard by, or to make representations to, the Tribunal in respect of any application or reference;(h) for specifying the circumstances in which, and the persons by whom, persons who have a right to be heard by the Tribunal in respect of any application or reference may, if not desiring to appear or to be heard in person, be represented for the purposes of that application or reference;(i) for regulating the methods by which information relevant to an application or reference may be obtained by or furnished to the Tribunal, and, in particular, for authorizing the members of the Tribunal, or any one or more of them, to visit and interview in private any patient by or in respect of whom an application or reference has been made;(j) for making available to any person having a right to be heard by the Tribunal copies of any documents obtained or furnished to the Tribunal in connection with an application or reference, and a statement of the substance of any oral information so obtained or furnished, except where the Tribunal considers it undesirable in the interests of the patient or for other special reasons and except in such cases as may be prescribed;(k) for requiring the Tribunal, if requested as prescribed, but subject to any regulations made for the purposes of paragraph (l) , to furnish such statements as to the reasons for any decision of the Tribunal as may be prescribed;(l) for authorizing the Tribunal to withhold any such statements as are referred to in paragraph (k) from a patient or any other person in cases where it considers that the furnishing of the statements would be undesirable in the interest of the patient or for other special reasons and in such other cases as may be prescribed; and(m) for conferring on the Tribunal such ancillary powers as the Governor considers necessary for the purposes of the exercise of its functions under this Act.(2) Regulations for the purposes of this section may be so framed as to apply to all applications or references or to applications or references of any specified class and may make different provision in relation to different cases.
(1) Subject to this section, where an application has been made to the Tribunal by or in respect of a patient or the case of a patient is referred to the Tribunal under section 43 and the patient or the nearest relative of the patient is dissatisfied with any direction or other decision of the Tribunal or the chairman thereof he may appeal to the Supreme Court.(2) Where an application has been made to the Tribunal by a patient no appeal may be brought under this section by the nearest relative of the patient in respect of any direction or determination made on that application unless at the time at which that application was made the nearest relative had the right to make an application to the Tribunal in respect of that patient.(3) No appeal shall be brought under this section in respect of a direction of the Tribunal that a patient is to be discharged.(4) On the hearing of an appeal under this section in respect of an application or reference the court (unless it dismisses the appeal) may give such directions as the Tribunal could have given under section 76 on the consideration of that application or reference or may give such directions to the Tribunal in relation to the consideration of the application or the reference as it considers just and appropriate in the circumstances.(5) Where any directions are given by the court under this section that could have been given by the Tribunal under subsection (3) of section 76 the directions so given by the court have effect in substitution for any directions so given by the Tribunal.
79. Supplementary provisions as to appeal
[Section 79 Amended by No. 124 of 1977, s. 15 and Sched. 1 ]Without prejudice to any other powers it may have, the court, for the purpose of determining an appeal under this Part in respect of a patient, may –and, for the purpose of exercising the powers of the court under this section, the court or a judge thereof may issue such warrants and summonses as the circumstances may require.(a) [Section 79 Amended by No. 33 of 1996, s. 37, Applied:01 Sep 1997] require the controlling authority of the institution in which the patient is liable to be detained to cause the patient to be brought before the court;(b) authorize a person appointed by the court to examine or interview the patient and require that controlling authority or person to allow the person so appointed to examine or interview the patient in private; and(c) require the production to the court or to a person authorized by it in that behalf of any medical records relating to the patient –
80. Reference of matters to commissioner appointed by court
(1) The court, on the hearing of an appeal under this Part in respect of a patient, may appoint an officer of the court or some other suitable person as a commissioner to inquire into the case of the patient or into any matter in which the court desires to be informed in relation to the patient, and to furnish to the court a report of his findings thereon and the court may act on those findings as if they were findings of the court made on the hearing of that appeal.(2) Subject to this section and to any directions of the court, a commissioner has, in relation to any inquiry that he is authorized to carry out under this section, the powers, authorities, protection, and immunities of a judge of the court, and, in respect of any matter arising in connection with the attendance of any witness or the giving of any evidence before a commissioner or in respect of any act or thing done in connection with any proceedings before the commissioner or any failure to comply with or disobedience to any order or requirement of the commissioner, any proceedings before a commissioner shall be regarded as proceedings before a judge of the court.(3) Notwithstanding anything in subsection (2) a commissioner shall not have power to issue a warrant requiring a person to bring a patient before him, but a commissioner may order the hospital authority or other person referred to in paragraph (a) of section 79 to cause the patient to be brought before him or to be conveyed to such place as may be specified in the order to be examined by the commissioner or some person authorized by him in that behalf.(4) A commissioner shall not have power to commit a person for contempt of court; but if he is satisfied that a contempt of court has been committed by any person in relation to proceedings in an inquiry that the commissioner is authorized to make he may report the matter to a judge who, on being satisfied that a contempt of court has been committed by that person, may deal with him accordingly.
81. Statement of case by Tribunal to Supreme Court
The Tribunal may, and, if so required by the Supreme Court shall, state in the form of a special case for determination by the Supreme Court any question of law which may arise before it.
PART VI - . . . . . . . .[Part VI Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] [Section 82 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 83 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 84 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 85 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 86 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 87 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 87 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 88 Subsection (1) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 88 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 89 Subsection (1) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 89 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 90 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 90 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 90 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 90 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 90 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 90 Subsection (7) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 90 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 91 Subsection (1) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 91 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 92 Subsection (1) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 92 Subsection (2) substituted by No. 71 of 1995, s. 3 and Sched. 1 ][Section 92 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 93 Subsection (2) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 93 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 94 Subsection (1) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 94 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 95 Repealed by No. 20 of 1995, s. 5 and Sched. 3 ][Section 95 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 96 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 97 Subsection (8) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 97 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . . [Section 98 Subsection (3) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 98 Repealed by No. 33 of 1996, s. 38, Applied:01 Sep 1997] . . . . . . . .
PART VII - Miscellaneous and Supplemental
99. Warrant to remove patients ill-treated, &c.
(1) If it appears to a justice, on information on oath laid by an authorized officer, that there is reasonable cause to suspect that a person believed to be suffering from mental disorder –the justice may issue a warrant authorizing a police officer to enter, if need be by force, any premises specified in the warrant in which that person is believed to be, and, if thought fit, to remove him therefrom and convey him to a place of safety with a view to the making of an application in respect of him, or of other arrangements for his treatment or care.(a) has been, or is being, ill-treated, neglected, or kept otherwise than under proper control; or(b) being unable to care for himself, is living alone –(2) In the execution of a warrant issued under this section, the police officer by whom it is being executed shall be accompanied by a medical practitioner and (if that police officer is not an authorized officer) also by an authorized officer.(3) It shall not be necessary in any information or warrant under this section to name the patient concerned.
100. Mentally disordered persons found in public places
If a police officer finds in a public place a person who appears to him to be suffering from mental disorder and to be in immediate need of care or control, the police officer may, if he thinks it is necessary to do so in the interests of that person or for the protection of other persons, remove that person to a place of safety for the purpose of enabling him to be examined by a medical practitioner and to be interviewed by an authorized officer and of making any necessary arrangements for his treatment or care.
101. Warrant to search for and remove patients liable to be retaken
(1) If it appears to a justice, on information on oath laid by a police officer or by any person who is authorized by or under this Act to convey a patient to any place, or to take into custody or retake a patient who is liable under this Act to be so conveyed, taken, or retaken –the justice may issue a warrant authorizing a police officer to enter the premises, if need be by force, and remove the patient therefrom and convey him to the place to which under this Act he may be taken or to some place of safety.(a) that there is reasonable cause to believe that the patient is to be found on any premises; and(b) that admission to those premises has been refused or that a refusal of admission thereto is apprehended –(2) In the execution of a warrant under this section the police officer by whom it is executed may be accompanied by a medical practitioner, and by any person who is authorized by or under this Act to take or retake the patient.
102. Period of detention in place of safety
(1) Where a person has been conveyed to a place of safety under section 99 , section 100 , or section 101 he may, during the period of 72 hours following that conveyance, be detained in any place of safety, and during that period may be conveyed from one place of safety to another.(2) The power conferred by this section to convey a person from one place of safety to another may be exercised by any person who had power under this Act to convey him to the place of safety from which he is conveyed under this section.
103. Provisions as to custody, conveyance, and detention
(1) Any person required or authorized under this Act to be conveyed to any place or to be kept in custody or to be detained in a place of safety shall, while being so conveyed, detained, or kept, as the case may be, be deemed to be in legal custody.(2) A police officer or any other person required or authorized under this Act to take any person into custody or to convey or detain any person has, for the purposes of so taking, conveying, or detaining him, all the powers, authorities, protection, and privileges of a police officer acting as such.
104. Retaking of patients escaping from custody
(1) [Section 104 Subsection (1) amended by No. 124 of 1977, s. 15 and Sched. 1 ]If any person who is deemed to be in legal custody by virtue of this Act escapes, he may, subject to this section, be retaken –(a) in any case, by the person who had his custody immediately before his escape, or by any police officer or authorized officer; and(b) [Section 104 Subsection (1) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] if, at the time of his escape, he was liable to be detained in an institution, by any other person who could take him into custody under section 29 on his absenting himself without leave.(2) [Section 104 Subsection (2) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] [Section 104 Subsection (2) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Subject to subsection (3) a person liable to be detained in an institution who escapes from the legal custody that he is in by virtue of subsection (1) of section 103 shall not be retaken under this section after the expiration of the period within which he could be retaken under section 29 if he had absented himself without leave on the day of his escape.(3) A person who escapes while being taken to or detained in a place of safety under section 99 , section 100 , section 101 , or section 102 shall not be retaken under this section after the expiration of the period of 72 hours beginning with the time when he escapes or of the period during which he is liable to be so detained, whichever of those periods expires first.(4) [Section 104 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ]This section, so far as it applies to a person liable to be detained in an institution, applies in relation to a person who escapes –as if he were liable to be detained in that institution and, if he had not previously been received therein, as if he had been so received.(a) while being taken to or from an institution in pursuance of regulations under section 26 or any order, direction, or authorization under Part IV ; or(b) while being taken to or detained in a place of safety in pursuance of an order under Part IV pending his admission to an institution –(5) [Section 104 Subsection (5) amended by No. 8 of 1989, s. 14 ]In computing for the purposes of subsection (2) of section 54 the period of 2 months mentioned in that subsection, no account shall be taken of any time during which the patient is at large and liable to be retaken by virtue of this section.(6) Section 34 , with any necessary modifications, applies in relation to a patient who is at large and liable to be retaken by virtue of this section as it applies in relation to a patient absent without leave, and as if the references in that section to section 29 were references to this section.
105. Assisting patients to absent themselves without leave, &c.
[Section 105 Amended by No. 55 of 1965, s. 5 ][Section 105 Amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 105 Amended by No. 43 of 1991, s. 5 and Sched. 3 ](1) No person shall induce or knowingly assist any other person –(a) [Section 105 Subsection (1) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] being liable to be detained in an institution, to absent himself without leave; or(b) being in legal custody by virtue of subsection (1) of section 103 to escape from that custody.Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.(2) [Section 105 Subsection (2) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 105 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall –(a) knowingly harbour a patient who is absent without leave or is otherwise at large and liable to be retaken under this Act; or(b) give to any such patient as is referred to in paragraph (a) any assistance with intent to prevent, hinder, or interfere with his being taken into custody or returned to the institution or other place where he ought to be.Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.
106. Ill-treatment of patients
(1) [Section 106 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 106 Subsection (1) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 106 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person, being a person on the staff of, or otherwise employed in, an institution shall –(a) ill-treat or wilfully neglect a patient for the time being receiving treatment for mental disorder as an in-patient in that institution;(b) ill-treat or wilfully neglect, on the premises in which the institution is situated, a patient for the time being receiving treatment for mental disorder there as an out-patient.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months.(2) [Section 106 Subsection (2) amended by No. 124 of 1977, s. 15 and Sched. 1 ]For the purposes of subsection (1) a person who is, or is one of the persons who are, or who is a member of a board or other authority that is, the controlling authority of an institution shall be deemed to be on the staff of that institution.(3) [Section 106 Subsection (3) amended by No. 33 of 1996, s. 39, Applied:01 Sep 1997] [Section 106 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 106 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall ill-treat or wilfully neglect a patient who is in his custody or care (whether by virtue of any legal or moral obligation or otherwise).Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months.
107. Mechanical means of restraint and seclusion
(1) [Section 107 Subsection (1) amended by No. 124 of 1977, s. 15 and Sched. 1 ]This section applies to patients liable to be detained in an institution and to persons who are receiving treatment in an institution for mental disorder having been admitted to that institution for that purpose but not being liable to be detained therein.(2) No person shall apply or cause or allow to be applied to any patient to whom this section applies any mechanical means of bodily restraint, or place him, or cause him or allow him to be placed, in seclusion, unless it is necessary for the purposes of the treatment of the patient or to prevent him from injuring himself or other persons or destroying property.(3) No person shall apply or cause or allow to be applied to any patient to whom this section applies any mechanical means of bodily restraint or place him, or cause him or allow him to be placed in seclusion, unless the application of that restraint or the placing of him in that seclusion is approved by the responsible medical officer.(4) As soon as practicable after the application of any mechanical means of bodily restraint to a patient or the placing of him in seclusion, the responsible medical officer shall make a report stating the nature of the restraint or the seclusion and the reasons for which it was applied.(5) [Section 107 Subsection (5) amended by No. 124 of 1977, s. 15 and Sched. 1 ]The controlling authority shall secure that all reports made for the purposes of subsection (4) are retained in the institution in a file kept for the purpose.(6) [Section 107 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 107 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 107 Subsection (6) amended by No. 68 of 1994, s. 3 and Sched. 1 ]A person contravening this section is liable to a penalty of a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.(7) For the purposes of this section –(a) the application to any person of mechanical means of bodily restraint means the use on or in respect of him of any appliance, instrument, or other thing whereby the movement of any part of his body is prevented or restricted; and(b) the placing of any person in seclusion means his enforced isolation by locking, or otherwise securing, the door of the room in which he is for the time being.(8) Nothing in this section prohibits the placing of a patient in seclusion between such hours as may be prescribed.
108. Regulations as to conduct of institutions
[Section 108 Amended by No. 124 of 1977, s. 15 and Sched. 1 ]Regulations made for the purposes of this Act may make provision for regulating the management of an institution, and, in particular, may –(a) impose duties on the controlling authority thereof and any person on the staff of, or otherwise employed in, the institution with respect to the carrying on and management thereof, and the care and treatment of patients in, or attending, the institution;(b) require records to be kept of prescribed particulars with respect to patients received into or attending the institution;(c) require notifications to be made of the reception of any patient into, or the return of any patient to, the institution, the leaving, or absenting himself from the institution of any patient, and of any death of a patient in the institution; and(d) require the production to such persons as may be prescribed of any documents required to be kept under this Act.
109. Correspondence of patients
(1) [Section 109 Subsection (1) amended by No. 124 of 1977, s. 15 and Sched. 1 ]This section applies to patients liable to be detained in an institution and to patients who are receiving treatment in an institution for mental disorder having been admitted to that institution for that purpose but not being liable to be detained therein.(2) Where a postal packet that is addressed to a patient to whom this section applies has been delivered in the ordinary course of post that postal packet may be withheld from the patient if, in the opinion of the responsible medical officer, the receipt of the packet would be calculated to interfere with the treatment of the patient or to cause him unnecessary distress.(3) [Section 109 Subsection (3) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Where any postal packet is withheld from a patient under subsection (2) the controlling authority of the institution in which the patient is liable to be detained or is receiving treatment shall, if the name and address of the sender are sufficiently identified therein, secure that that postal packet is returned to him by post.(4) [Section 109 Subsection (4) amended by No. 124 of 1977, s. 15 and Sched. 1 ]Subject to this section, any postal packet addressed by a patient to whom this section applies and delivered by him for dispatch by post may be withheld from being so dispatched –(a) if the person to whom it is addressed has given notice in writing to the controlling authority or the responsible medical officer requesting that communications addressed to him by the patient should be withheld; or(b) if it appears to the responsible medical officer that the packet would be unreasonably offensive to the person to whom it is addressed, or is defamatory of other persons (other than the controlling authority or persons on the staff of the institution) or would be likely to prejudice the interests of the patient.(5) [Section 109 Subsection (5) amended by No. 24 of 1967, s. 31 and Sched. 3 ][Section 109 Subsection (5) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 109 Subsection (5) amended by No. 4 of 1991, s. 39 and Sched. 4 ][Section 109 Subsection (5) amended by No. 7 of 1993, s. 6 and Sched. 2 ] Subsection (4) does not apply to a postal packet addressed as follows, that is to say:(a) To a Minister of the Crown;(b) To a member of either House of the Parliament of the Commonwealth or of the State;(c) To a judge or any officer of the Supreme Court;(d) To the Public Trustee or any person appointed under Part VI as the committee of the estate of the patient;(e) To the controlling authority;(f) To any person having power to discharge the patient under this Act; or(g) At any time when the patient is entitled to make application to the Tribunal, to the Tribunal.(6) Regulations under this Act may except from subsection (4) , subject to such conditions or limitations (if any) as may be prescribed, postal packets addressed to such other persons or classes of persons as may be prescribed.(7) Nothing in paragraph (b) of subsection (4) authorizes any person to open or examine the contents of a packet unless the responsible medical officer is of opinion that the patient is suffering from mental disorder of a kind calculated to lead him to send such communications as are referred to in that paragraph.(8) [Section 109 Subsection (8) amended by No. 124 of 1977, s. 15 and Sched. 1 ][Section 109 Subsection (8) omitted by No. 33 of 1996, s. 40, Applied:01 Sep 1997] . . . . . . . .(9) In this sectionpostal packet includes any article that is transmitted by post or appears to be intended to be transmitted by post.
[Section 110 Amended by No. 55 of 1965, s. 5 ][Section 110 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall –(a) without reasonable cause, refuse to allow the visiting, interviewing, or examination of any person by any other person authorized in that behalf under this Act;(b) where a person is authorized under this Act to be interviewed or examined in private, remain in any room or other place in which that person is being interviewed or examined after being requested to withdraw by the person conducting the interview or making the examination;(c) without reasonable cause, fail to produce any document or record to any person who under this Act is authorized to require the production of that document or record; or(d) obstruct any person in the exercise of any function conferred on him by this Act.Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.
111. Offences in relation to documents
(1) Subsections (2) and (3) apply to the following documents, that is to say:(a) [Section 111 Subsection (1) amended by No. 33 of 1996, s. 41, Applied:01 Sep 1997] An admission application;(b) A medical recommendation;(c) A report on any person or in respect of any matter required or authorized to be made under this Act;(d) An application to the Public Trustee under Part VI or any medical affidavit within the meaning of that Part; and(e) Any other document required or authorized to be made for the purposes of this Act.(2) No person shall, with intent to deceive, forge any document to which this subsection applies.(3) No person shall use, or allow another person to use, or shall make or have in his possession, any document to which this subsection applies that he knows to have been forged or any document so closely resembling a document to which this section applies as to be calculated to deceive.(4) No person shall make any entry or statement in any application, recommendation, report, affidavit, record, or other document required or authorized to be made for any of the purposes of this Act, that he knows to be false or does not believe to be true, or, with intent to deceive, make use of any such entry or statement that he knows to be false or does not believe to be true.(5) [Section 111 Subsection (5) amended by No. 55 of 1965, s. 5 ][Section 111 Subsection (5) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person guilty of an offence under this section is liable to a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months.(6) In this sectionforge has the same meaning as it has for the purposes of Chapter XXXII of the Criminal Code .
112. Contributions to maintenance of patients in hospitals maintained by the State
[Section 113 Repealed by No. 24 of 1967, s. 31 and Sched. 3 ]. . . . . . . .(1) The Minister where he considers it just and reasonable so to do may, in accordance with this section, recover such contributions as he considers reasonable towards the expenses incurred in respect of providing accommodation or treatment for a patient in or at an institution that is declared under section 6 to be a hospital for the purposes of this Act.(2) Any sum recoverable under this section may be recovered as a debt due to the Crown.(3) This section does not apply in respect of a ward of the State or in respect of patients for the time being liable to be detained in a hospital in pursuance of an order or direction under Part IV .(4) [Section 112 Subsection (4) amended by No. 24 of 1967, s. 31 and Sched. 3 ]This section does not apply to the recovery of fees or other sums for the maintenance or treatment of patients in a hospital for which provision is made by, or may be made under, any Act other than this Act.(5) Any contributions that may be recovered in respect of a patient under this section may be recovered from –(a) the patient;(b) if the patient is a married woman and is not separated from her husband, her husband;(c) if the patient is a woman, any man who, for substantially the whole of the period of 12 months ending on the relevant date, has cohabitated with her; or(d) if the patient has not attained the age of 16 years, any person who could be made liable under Part V of the Child Welfare Act 1960 to make contributions towards his maintenance if he were a ward of the State.(6) The reference in paragraph (c) of subsection (5) , and, for the purposes of paragraph (d) of that subsection, the references in paragraph (c) of subsection (2) of section 51 of the Child Welfare Act 1960 to the relevant date shall be construed –(a) in relation to a patient who is liable to be detained in a hospital in pursuance of an admission application as references to the date on which he was first admitted to a hospital in pursuance of that application;(b) in relation to any other patient who is an in-patient in a hospital, as references to the date on which he was last admitted as an in-patient to that hospital; and(c) in any other case, as references to the date on which the accommodation or treatment was provided.(7) [Section 112 Subsection (7) amended by No. 36 of 1967, s. 128 and Sched. 1 ]Where under this section the Minister is empowered to recover contributions in respect of the provision of accommodation or treatment for a child during any period and any person is liable under an order made or enforceable under the Maintenance Act 1967 to make payments in respect of that child during that period, so much of those payments as do not exceed the amount of those contributions shall be paid to the Minister; and all proceedings may be taken for the enforcing of that payment as if the Minister were the person entitled to receive the payments made under the order.
114. Protection for acts done in pursuance of this Act
(1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act, unless the act was done in bad faith or without reasonable care.(2) No civil or criminal proceedings shall be brought against any person in any court in respect of any such act as is referred to in subsection (1) without the leave of the Supreme Court, and the Supreme Court shall not give leave under this section unless satisfied that there is substantial ground for the contention that the person to be proceeded against has acted in bad faith or without reasonable care.
(1) The Governor may make regulations for the purposes of this Act.(2) [Section 115 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 115 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Without prejudice to any other provision of this Act, regulations made for the purposes of this Act may –(a) prescribe the form of any certificate, application, recommendation, report, affidavit, order, direction, notice, or other document required or authorized to be made, issued, given, or served under this Act;(b) prescribe the manner in which any application, notification, order, direction, notice, or other document that is authorized or required to be made to, or given to or served on, any person under this Act may be or is to be, so made, given, or served; and(c) make provision for the imposition of fines not exceeding 5 penalty units, on persons contravening or failing to comply with the regulations.
The provisions set out in Schedule 5 have effect for the purposes of the transition to the provisions of this Act from the law in force before the commencement of this Act.
117. Adaptation of amendments, &c., to Acts as reprinted
(1) On and after the date of the reprinting of an Act specified in Part I of Schedule 6 this Act is to have effect as if any reference therein to a paragraph or sub-paragraph of a sub-division of that Act, being a paragraph or sub-paragraph numbered or lettered by a symbol specified in the first column of the table contained in Part II of Schedule 6 , were a reference to the paragraph, or sub-paragraph, as the case may be, of that sub-division numbered or lettered by the symbol specified in the second column against the symbol first-mentioned.(2) Insub-division means a subsection of a section or a paragraph of a subsection or of a section.(3) This Act is, by force of this section, amended to such extent as may be necessary to give effect to the foregoing provisions of this section.(4) Subject to this section, the provisions of this Act remain in full force and effect as if this section had not been enacted.(5) In this section references to the reprinting of an Act shall be construed as references to the reprinting of that Act in accordance with the Reprint of Statutes Act 1954 , and references to the date of the reprinting of an Act so reprinted shall be construed as references to the date of the giving of the certificate printed pursuant to section 6 of the Reprint of Statutes Act 1954 in the volume of reprinted Acts published pursuant to that Act in which the Act so reprinted is included.
SCHEDULE 1 - Acts Repealed[Schedule 1 Amended by No. 63 of 1963, s. 117 and Sched. 6 ]
Year and number | Short title | Extent of repeal | 17 Vict. No. 8 | Estates Tail Act 1853 | In section 12, paragraph (a) of subsection (1). | 22 Vict. No. 23 | Mental Hospitals Act 1858 | The whole Act. | 48 Vict. No. 10 | Settled Land Act 1884 | Section 57. | 49 Vict. No. 35 | Mental Hospitals Act 1885 | The whole Act. | 55 Vict. No. 3 | Partnership Act 1891 | In section 40, paragraph (a). | 56 Vict. No. 20 | Inebriate Hospitals Act 1892 | Section 20. | 62 Vict. No. 34 | Trustee Act 1898 | Section 60. | 11 Geo. V No. 50 | Mental Deficiency Act 1920 | The whole Act. | 21 Geo. V No. 61 | Public Trust Office Act 1930 | Section 13. | 23 Geo. V No. 58 | Supreme Court Civil Procedure Act 1932 | In section 15, paragraph (e) of subsection (1); Sections 87, 88, and 89; and Sections 91 to 106 (inclusive). | 24 Geo. V No. 18 | Psychopathic Hospital (Management) Act 1933 | Section 6. | 26 Geo. V No. 15 | Public Welfare Institutions Act 1935 | Section 21. | 2 Geo. VI No. 41 | Superannuation Act 1938 | Section 41. | No. 48 of 1951 | Sexual Offences Act 1951 | The whole Act, except sections 1 and 3. | No. 23 of 1960 | Health Services Act 1960 | The schedule so far as it relates to the Mental Hospitals Act 1858. | No. 35 of 1960 | Mental Hospitals Act 1960 | The whole Act. | No. 48 of 1960 | Child Welfare Act 1960 | In section 64, subsection (11). The schedule so far as it relates to the Mental Deficiency Act 1920. | No. 32 of 1961 | Sexual Offences Act 1961 | The whole Act. | No. 41 of 1961 | Statute Law Revision Act 1961 | In Part II of the fifth schedule, sub-paragraphs (d) to (o) (inclusive) of paragraph 2 and sub-paragraph (b) of paragraph 4. |
SCHEDULE 2 - Amendments of Acts[Schedule 2 Amended by No. 63 of 1963, s. 117 and Sched. 6 ]The amendments effected by this Schedule have been incorporated into the authorised version of the following Acts:
(a) Lands Clauses Act 1857 ;(b) Real Property Act 1862 ;(c) Real Property Act 1863 ;(d) Partition Act 1869 ;(e) Trustee Act 1898 ;(f) Limited Partnerships Act 1908 ;(g) Hospitals Act 1918 ;(h) Indeterminate Sentences Act 1921 ;(i) Public Service Act 1923 ;(j) Criminal Code ;(k) Public Trust Office Act 1930 ;(l) Psychopathic Hospital (Management) Act 1933 ;(m) Public Welfare Institutions Act 1935 ;(n) Administration and Probate Act 1935 ;(o) Superannuation Act 1938 ;(p) Public Authorities' Land Acquisition Act 1949 ;(q) Trustee Companies Act 1953 ;(r) Coroners Act 1957 ;(s) Lands Resumption Act 1957 ;(t) Legal Practitioners Act 1959 ;(u) Medical Act 1959 ;(v) Auctioneers and Estate Agents Act 1959 ;(w) Local Government Act 1962 .
SCHEDULE 3[Schedule 3 Clause 1 amended by No. 24 of 1967, s. 31 and Sched. 3 ][Schedule 3 Clause 1 amended by No. 7 of 1993, s. 6 and Sched. 2 ][Schedule 3 Clause 5 substituted by No. 29 of 1984, s. 5 ][Schedule 3 Repealed by No. 33 of 1996, s. 42, Applied:01 Sep 1997]
SCHEDULE 4 - Mental Health Review Tribunal
1. The Mental Health Review Tribunal shall consist of persons appointed by the Governor one at least of whom shall be a legal practitioner and one at least of whom shall be a medical practitioner.
2. Members of the Tribunal who are legal practitioners are in this schedule referred to as "the legal members"; and members of the Tribunal who are medical practitioners are in this schedule referred to as "the medical members".
3. The members of the Tribunal shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Minister.
4. The Governor may appoint the legal member or one of the legal members to be the chairman of the Tribunal.
5. Subject to regulations made under section 77 , the members who are to constitute the Tribunal for the purposes of any proceedings or class or group of proceedings under this Act shall be appointed by the chairman of the Tribunal or, if for any reason he is unable or unwilling to act, by another member of the Tribunal appointed by him for the purpose; and of the members so appointed –(a) at least one shall be a legal member;(b) at least one shall be a medical member; and(c) at least one shall be a member who is neither a legal member nor a medical member.
6. Where the chairman of the Tribunal is included among the persons appointed under paragraph 5 of this Schedule, he shall be president of the Tribunal; and in any other case the president of the Tribunal shall be the legal member so appointed or, if more than one legal member is so appointed, such one of those legal members as the chairman may nominate.
7. No member of the Board shall be appointed a member of the Tribunal, and when a member of the Tribunal is appointed a member of the Board he vacates his office as a member of the Tribunal.
8. [Schedule 4 Clause 8 amended by No. 29 of 1984, s. 3 and Sched. 1 ]An employee, within the meaning of the Tasmanian State Service Act 1984 , may be appointed a member of the Tribunal, and may hold office as a member thereof in conjunction with his position as an employee, within the meaning of the Tasmanian State Service Act 1984 .
9. [Schedule 4 Clause 9 amended by No. 29 of 1984, s. 3 and Sched. 1 ]The members of the Tribunal, as such, are not subject to the provisions of the Tasmanian State Service Act 1984 .
SCHEDULE 5 - Transitory Provisions[Schedule 5 Amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ]
PART I - Preliminary
1.(1) In this Schedule –initial period means the period of 6 months commencing on the commencement of this Act;institution means –(a) a hospital, receiving house, or licensed house within the meaning of the Mental Hospitals Act 1858 ; or(b) an institution within the meaning of the Mental Deficiency Act 1920 .(2) References in this Schedule to a person liable to be detained in an institution shall be construed as including references to a person who is absent from that institution and liable to be retaken and returned to that institution and to a person who is absent from that institution on leave.(3) References in this Schedule to a person absent on leave shall be construed as including references to a person authorized or required under section 49 of the Mental Hospitals Act 1858 or section 57 of the Mental Deficiency Act 1920 to be away from an institution, and, in relation to a patient who, before the commencement of this Act, was away from the institution in which he was liable to be detained, the expression "absent without leave" shall be construed accordingly.(4) Where in a report made by a responsible medical officer under this Schedule in respect of a patient it is stated that, in his opinion, the patient is suffering from a form of mental disorder, the fact that the patient is suffering from that form of mental disorder shall, for the purposes of this Schedule, be deemed to have been reported.
PART II - Patients liable to be detained or subject to guardianship under the Mental Hospitals Act 1858 or the Mental Deficiency Act 1920 (not being patients to whom Part III or Part IV of this Schedule applies)
1.(1) This Part of this Schedule applies to any person who, immediately before the commencement of this Act –and references in this Part of this Schedule to a patient shall be construed as references to such a person.(a) was liable to be detained in an institution in pursuance of an order under subsection (6) of section 13 or section 15 of the Mental Hospitals Act 1858 or an order of the Governor under section 27 of that Act ;(b) was liable to be detained in an institution in pursuance of a warrant under subsection (2) of section 19 of the Mental Hospitals Act 1858 and, if such a certificate as is referred to in subsection (4) of that section had been furnished to the Attorney-General immediately before the commencement of this Act, could, if this Act had not been enacted, have been discharged under paragraph (b) of that subsection ;(c) was liable to be detained in an institution or subject to guardianship in pursuance of such an order as is referred to in section 9 of the Mental Deficiency Act 1920 , other than an order made by the Minister in the case of a person who, immediately before the commencement of this Act, was under sentence of imprisonment; or(d) was liable to be detained in an institution or subject to guardianship by reason of his having been placed in an institution or under guardianship under section 8 of the Mental Deficiency Act 1920 –(2) For the purposes of this Part of this Schedule the reception date of a patient means the day of the commencement of the period at all times during which he has been liable to be detained in an institution or subject to guardianship in pursuance of such an order or warrant as is referred to in paragraph (a) or paragraph (b) of subclause (1) of this clause or of any order under the Mental Deficiency Act 1920 or by virtue of being placed in an institution or under guardianship under section 8 of that Act , being a period that had not come to an end before the commencement of this Act.(3) For the purposes of this Part of this Schedule the case of a patient shall be deemed to have been reviewed when –(a) such an order or warrant as is referred to in subclause (2) of this clause is made or issued in respect of him;(b) he is placed in an institution or under guardianship under section 8 of the Mental Deficiency Act 1920 ;(c) a report in respect of him is filed in the Supreme Court under section 39 of the Mental Hospitals Act 1858 ;(d) the Mental Deficiency Board makes a decision on the reconsideration of his case under the proviso of subsection (4) of section 29 of the Mental Deficiency Act 1920 ;(e) a judge, having exercised in respect of the patient the powers conferred on him by section 30 of that Act , determines not to make an order directing his discharge; or(f) the Mental Deficiency Board determines under subsection (1) of section 31 of that Act that his further detention in an institution or under guardianship is required.(4) Where a responsible medical officer is in this Part of this Schedule authorized to make a report of his opinion on any matter in respect of a patient that report shall be in the prescribed form and shall be made, if the patient is liable to be detained in a hospital, to the hospital authority, and, if the patient is subject to guardianship, to the Board.
2. Where a patient was, immediately before the commencement of this Act, liable to be detained in an institution that on that commencement becomes, or becomes part of, a hospital within the meaning of this Act, or was subject to guardianship he shall, unless he is sooner discharged, be liable to be detained or subject to guardianship (as the case may be) in accordance with this Act until the expiration of the initial period.
3. A patient shall not be liable to be detained or remain subject to guardianship after the expiration of the initial period unless a report is made by the responsible medical officer during that period stating that, in his opinion –(a) the patient is suffering from mental illness, psychopathic disorder, subnormality, or severe subnormality; and(b) the mental disorder from which the patient is suffering is of a nature or degree that warrants his continued detention in hospital for medical treatment or his retention under guardianship, as the case may be.
4.(1) Subject to clause 3 of this Part of this Schedule, where by virtue of this Part of this Schedule a patient is immediately before the expiration of the initial period liable to be detained or subject to guardianship he continues (unless previously discharged) to be so liable or so subject –(a) if his reception date occurred not earlier than one year before the expiration of the initial period, until the expiration of one year from the last review of his case; or(b) if his reception date occurred earlier than one year before the expiration of the initial period, and his case has been reviewed not earlier than two years before the expiration of the initial period, until the expiration of a period of two years from the last review of his case.(2) This clause does not apply to a patient who attains the age of 21 years during the initial period and who, immediately before the commencement of this Act, was liable to be detained, or subject to guardianship, under the Mental Deficiency Act 1920 , otherwise than as an idiot or imbecile within the meaning of that Act.(3) Where a patient who, immediately before the commencement of this Act, was liable to be detained or subject to guardianship under the Mental Deficiency Act 1920 , otherwise than as an idiot or an imbecile within the meaning of that Act, attains the age of 21 years after the expiration of the initial period but before the expiration of the period during which (apart from this subclause) he would continue to be liable to be detained or subject to guardianship under subclause (1) of this clause, the period during which he continues to be so liable or so subject under this clause shall be deemed to expire on his attaining the age of 21 years.
5.(1) Where, in pursuance of this Part of this Schedule, a patient is liable to be detained or is subject to guardianship for any period, not being a period that has come to an end by virtue of clause 6 of this Part of this Schedule (in this section referred to as "the relevant period"), he continues to be so liable or so subject after the expiration of the relevant period if the authority for his detention or guardianship is renewed under this clause.(2) Authority for the detention or guardianship of a patient may, unless the patient has previously been discharged, be renewed under this clause –(a) where the reception date of the patient was not earlier than one year before the expiration of the relevant period, for a further period of one year; and(b) in any other case, for a further period of two years.(3) Subsections (3) , (4) , (5) , and (6) of section 32 apply in respect of the renewal of authority for the detention or guardianship of a patient under this clause as they apply in relation to the renewal of authority for the detention or guardianship of a person under subsection (2) of that section.
6.(1) A patient who, immediately before the expiration of the initial period, is liable to be detained or is subject to guardianship as a psychopathic or subnormal patient shall at the expiration of that period cease to be so liable or so subject unless –(a) he was a patient by virtue of an order made under the Mental Deficiency Act 1920 on a petition presented in accordance with a direction made under subsection (1) of section 26 of that Act or of an order made by a court under that subsection;(b) he will not attain the age of 25 years until after the expiration of the initial period; or(c) he is unfit for discharge.(2) A patient (not being such a patient as is referred to in paragraph (a) of subclause (1) of this clause) who is liable to be detained or subject to guardianship as a psychopathic or subnormal patient ceases on attaining the age of 25 years after the expiration of the initial period, to be so liable or so subject, unless he is unfit for discharge.
7.(1) Where it is reported that a patient who is liable to be detained under this Part of this Schedule (other than such a patient as is referred to in paragraph (b) of subclause (1) of clause 6 of this Part of this Schedule) is suffering from psychopathic disorder or subnormality, but not from mental illness or severe subnormality, the responsible medical officer shall, if, during the initial period it appears to him that the patient is unfit for discharge within the meaning of this clause, report that the patient is unfit for discharge.(2) Where a patient who is liable to be detained under this Part of this Schedule as a psychopathic or subnormal patient will not attain the age of 25 years until after the expiration of the initial period, the responsible medical officer, if, during the period of two months ending on the day on which the patient attains the age of 25 years, it appears to him that the patient is unfit for discharge within the meaning of this clause, shall report that the patient is unfit for discharge.(3) A patient shall be regarded as unfit for discharge within the meaning of this clause if it appears –(a) that if the patient were released from hospital he would be likely to act in a manner dangerous to other persons or to himself, or would be likely to resort to criminal activities; or(b) that the patient is incapable of caring for himself and that there is no suitable hospital or other establishment into which he can be admitted and where he would be likely to remain voluntarily.(4) Where a responsible medical officer reports for the purposes of this clause that a patient is unfit for discharge he shall also report the grounds for his opinion.(5) Where a responsible medical officer, in accordance with this clause, reports that a patient is unfit for discharge he shall for the purposes of this Schedule be deemed to be unfit for discharge.(6) Where a responsible medical officer reports for the purposes of this clause that a patient is unfit for discharge the hospital authority of the hospital in which he is liable to be detained shall cause him to be informed, and he may apply to the Tribunal at any time before the expiration of 28 days beginning –(a) if he attains the age of 25 years before the expiration of the initial period, on the expiration of the initial period; or(b) if he attains that age after the expiration of that period, with the day on which he attains that age.(7) On an application to the Tribunal under subclause (6) of this clause the Tribunal shall, if satisfied that none of the conditions set out in paragraph (a) and (b) of subclause (3) of this clause is fulfilled, shall direct the patient to be discharged, and subsection (1) of section 76 has effect in relation to the application as if paragraphs (b) and (c) of that subsection were omitted.(8) This clause does not apply to a patient who is liable to be detained by virtue of such an order as is referred to in paragraph (a) of subclause (1) of clause 6 of this Part of this Schedule.
8.(1) Where a patient continues under this Part of this Schedule to be liable to be detained in a hospital this Act, subject to this Schedule, applies in respect of him as if he had been admitted to the hospital in which he was liable to be detained immediately after the commencement of this Act in pursuance of an application for admission for treatment.(2) Where a patient was, immediately before the commencement of this Act, subject to the guardianship of the Mental Deficiency Board under the Mental Deficiency Act 1920 and, on that commencement, continues to be subject to guardianship, this Act, subject to this Schedule, applies in respect of him as if on that commencement, he had been received into the guardianship of the Board in pursuance of a guardianship application.(3) Where a patient was, immediately before the commencement of this Act, subject to the guardianship of any person (other than the Mental Deficiency Board) under the Mental Deficiency Act 1920 and, on that commencement, continues to be subject to guardianship, this Act, subject to this Schedule, applies in respect of him as if, on that commencement, he had been received into the guardianship of that person in pursuance of a guardianship application.(4) When the form or forms of mental disorder from which a patient is suffering have been reported, this Act, subject to this Schedule, has effect in relation to him as if the application referred to in the foregoing provisions of this clause had been made on the grounds that the patient was suffering from that form or those forms of mental disorder and that form or those forms of mental disorder had been specified in the application.(5) Section 25 does not apply in relation to a patient until the form or forms of mental disorder from which he is suffering have been reported.(6) Except as otherwise provided in this Part of this Schedule, sections 32 and 33 do not apply to a patient who, by virtue of this Part of this Schedule, is liable to be detained or is subject to guardianship.(7) The power to order the discharge of a person who is a patient by virtue of –shall not be exercisable by his nearest relative.(a) a warrant issued under section 19 of the Mental Hospitals Act 1858 or an order granted under section 27 of that Act ;(b) an order made under the Mental Deficiency Act 1920 on a petition presented in accordance with a direction made under subsection (1) of section 26 of that Act or an order made by a court under that subsection; or(c) an order made under section 27 of the Mental Deficiency Act 1920 while he was undergoing imprisonment –
PART III - Patients liable to be detained temporarily or for short periods
1.(1) Where an order has been made under subsection (1) or subsection (4) of section 13 of the Mental Hospitals Act 1858 or a warrant has been issued under subsection (2) of section 34 of the Mental Deficiency Act 1920 , and no person has been apprehended or taken in pursuance of the order or warrant before the commencement of this Act that order or warrant has the like effect of a warrant issued by a justice under subsection (1) of section 99 .(2) Where, immediately before the commencement of this Act, a person is being detained in any place in pursuance of subsection (1) or subsection (4) of section 13 of the Mental Hospitals Act 1858 or of section 34 of the Mental Deficiency Act 1920 , he may be detained in that place for a period of 72 hours after the commencement of this Act for the purposes of enabling him to be examined by a medical practitioner and to be interviewed by an authorized officer and of making any necessary arrangements for his treatment or care.(3) This Act has effect in relation to such a person as is referred to in subclause (2) of this clause as if the place in which he is liable to be detained under that subclause were a place of safety within the meaning of this Act.
2. Where, immediately before the commencement of this Act, a patient was liable to be detained, in pursuance of a warrant under subsection (12) of section 13 of the Mental Hospitals Act 1858 , in an institution that on that commencement becomes, or becomes part of, a hospital within the meaning of this Act, he shall be treated for the purposes of this Act as if he were liable to be detained in that hospital in pursuance of an application for admission for observation and as if he had been admitted to that hospital in pursuance of that application on the date on which the warrant by virtue of which he was so detained was signed, and the provisions of this Act apply in respect of him accordingly.
3.(1) Where, immediately before the commencement of this Act, a patient was liable to be detained under section 13A of the Mental Hospitals Act 1858 in an institution that on that commencement becomes, or becomes part of, a hospital within the meaning of this Act, this Act has effect in relation to him as if he had been admitted to that hospital, at the time at which the certificate referred to in that section was signed, in pursuance of an application for admission for observation, and the provisions of this Act apply in respect of him accordingly.(2) No such patient as is referred to in subclause (1) of this clause shall be liable to be detained in a hospital for longer than 72 hours after the signing of the certificate referred to in that clause unless within that period two medical recommendations that are sufficient to found an application for admission for observation are given and are received by the hospital authority, and subsection (2) of section 17 does not apply to those medical recommendations.
PART IV - Patients transferred from prisons, &c.
1.(1) This clause applies to any person (not being a patient to whom Part II of this Schedule applies or a person under sentence of death) who, immediately before the commencement of this Act –and references in this clause to a transferred patient shall be construed as references to such a person.(a) was liable under section 19 of the Mental Hospitals Act 1858 to be detained in custody in an institution that on the commencement of this Act becomes, or becomes part of, a hospital within the meaning of this Act; or(b) was liable to be detained in such an institution in pursuance of an order made by the Minister under the Mental Deficiency Act 1920 –(2) This Act, subject to this Schedule, applies in respect of a transferred patient who immediately before the commencement of this Act was liable to be detained in an institution that on that commencement becomes, or becomes part of, a hospital within the meaning of this Act as if he had been admitted to that hospital in pursuance of a transfer direction and as if a restriction direction had been made in respect of him.(3) If so required in writing by the Attorney-General, the responsible medical officer shall render a report to the Attorney-General stating the form or forms of medical disorder from which in his opinion a transferred patient is suffering.(4) Where the responsible medical officer reports to the Attorney-General (whether on a requirement made by him or otherwise) that a transferred patient is, in his opinion, suffering from mental illness, psychopathic disorder, subnormality, or severe subnormality, this Act, subject to this Schedule, has effect in relation to him as if that form of mental disorder were specified in the transfer direction referred to in subclause (2) of this clause.(5) Where such a restriction direction as is referred to in subclause (2) of this clause ceases to have effect the transferred patient shall cease to be liable to be detained unless such a report has been made in respect of him as is referred to in subclause (4) of this clause.
2. Where, immediately before the commencement of this Act, a person who was under sentence of death was, under section 19 of the Mental Hospitals Act 1858 , detained in an institution that, on that commencement, becomes, or becomes part of, a hospital within the meaning of this Act, this Act has effect in relation to him as if he had been removed to that institution in pursuance of a warrant of the Attorney-General under subsection (1) of section 63 .
3.(1) Where a court has given such a direction as is referred to in paragraph (a) of subsection (1) of section 26 of the Mental Deficiency Act 1920 in respect of any person and in pursuance of that direction no order has been made under that Act the court shall be deemed to have adjourned the hearing of the case until such day, after the commencement of this Act, as the court may appoint, and where an order has been made in respect of that person under subsection (3) of that section that order authorizes the detention of that person in any place of safety until he is required to be brought before the court by which the order was made.(2) Where in pursuance of an order under subsection (4) of section 26 of the Mental Deficiency Act 1920 , a person is, immediately before the commencement of this Act, detained in an institution that, on that commencement, becomes, or becomes part of, a hospital within the meaning of this Act, he shall be treated for the purposes of this Act as if he had been remanded or committed in custody, as the case may be, and had been admitted to that hospital in pursuance of a transfer direction made under section 61 , with which had been made a restriction direction, and the provisions of this Act shall apply in respect of him accordingly.(3) Any recognizance entered into under subsection (4) of section 26 of the Mental Deficiency Act 1920 remains of full force and effect notwithstanding the repeal of that Act, and in relation to the bringing before a court of the person in respect of whom it has been entered into the person by whom it was entered into has the same rights and duties and is under the same liabilities and obligations as if this Act had not been enacted.
PART V - Provisions as to patients absent on leave or without leave
1.(1) Where a patient immediately before the commencement of this Act was absent on leave from the institution in which he was liable to be detained, and, on that commencement, becomes liable to be detained in a hospital, section 28 has effect in relation to him as if, at the commencement of this Act he had been granted leave of absence under that section for –and, where such a patient is immediately before the commencement of this Act required by virtue of section 49 of the Mental Hospitals Act 1858 to be under the control of any person or by virtue of section 57 of the Mental Deficiency Act 1920 to be under the supervision or protection of any person, this Act has effect as if he had been directed under subsection (3) of section 28 to remain in the custody of that person while he is so absent on leave.(a) if he had been granted that leave for a definite period, so much of that period as had not expired on the commencement of this Act; or(b) in any other case, for an indefinite period –(2) Where, before the commencement of this Act a patient is absent from the institution in which he is then liable to be detained and liable to be apprehended and returned thereto he shall, for the purposes of this Act, be deemed to be absent without leave, and the references in this Act to the first day of his absence without leave shall be construed accordingly.(3) Until the mental disorder from which a patient is suffering has been reported section 29 applies in respect of him as if for paragraphs (a) and (b) of subsection (3) the following paragraphs were substituted:(a) In the case of a patient who immediately before the commencement of this Act was liable to be detained under the Mental Hospitals Act 1858 , a period of 6 months beginning with the first day of his absence without leave; and(b) In the case of a patient who immediately before the commencement of this Act was liable to be detained under the Mental Deficiency Act 1920 , a period of 12 months beginning with the first day of his absence without leave.
PART VI - Persons subject to the Sexual Offences Act 1951
1. In this Part of this Schedule –the Act means the Sexual Offences Act 1951 ;place of detention means a place appointed under section 9 of that Act ,and court, examination order, segregation order, and treatment order have respectively the same meanings as they have for the purposes of that Act.
2. [Schedule 5, Part VI Clause 2 amended by No. 24 of 1967, s. 31 and Sched. 3 ]Without prejudice to the provisions of section 16 of the Acts Interpretation Act 1931 , any examination order, segregation order, or treatment order in force immediately before the commencement of this Act continues in force, subject to this Part of this Schedule, as if the Act had not been repealed, and references in the Act, and in any document made or issued thereunder, to the Director of Mental Health shall be construed as references to the Medical Commissioner.
3. An examination order, a segregation order, or a treatment order in force in respect of any person ceases to have effect when a hospital order or a guardianship order is made in respect of that person, except that, where that hospital order or that guardianship order, or the conviction on which it was made, is quashed on appeal, the examination order, segregation order, or treatment order thereupon has the like force and effect as if this clause had not been enacted.
4. [Schedule 5, Part VI Clause 4 amended by No. 24 of 1967, s. 31 and Sched. 3 ]When an examination order has been made in respect of any person and the return or certificate of the Medical Commissioner is in the court under section 8 of the Act , this Act has effect in relation to that person as if he had been committed under section 49 to be dealt with by the court in respect of the offence in respect of which the examination order was made.
5. Where, immediately before the commencement of this Act, a person was liable to be detained in a place of detention in pursuance of a segregation order or in pursuance of a treatment order that makes such provision as is referred to in subparagraph (i) of paragraph (b) of subsection (1) of section 15 of the Act , the Attorney-General has the like powers to make a transfer direction in respect of him as if he were serving a sentence of imprisonment and, subject to this Part of this Schedule, where such a transfer direction is made the provisions of this Act apply in respect of him accordingly.
6. A transfer direction shall not be made under this Part of this Schedule in respect of –unless a restriction direction is also made in his case.(a) a person who is liable to serve a sentence of imprisonment; or(b) a person who would be liable on the expiration or discharge of a treatment order or a segregation order to serve a sentence of imprisonment –
7. Where a transfer direction is made in respect of any person, any segregation order or treatment order then in force in respect of that person ceases to have effect.
8. Where by virtue of section 15 of the Act a sentence of imprisonment is to be deemed to continue during the operation of a segregation order or a treatment order that sentence shall be deemed to continue notwithstanding that a transfer direction is made in respect of the person to whom the order relates.
9.(1) Where such a person as is referred to in subclause (b) of clause 6 of this Part of this Schedule is admitted to hospital in pursuance of a transfer direction the sentence of imprisonment referred to in that subclause shall be deemed to take effect when a notification is made to the Attorney-General under subsection (1) of section 69 in respect of that person or when he is conditionally discharged under subsection (4) of section 70 .(2) Where such a sentence of imprisonment as is referred to in subclause (b) of clause 6 of this Part of this Schedule has been passed on a person that person shall until the expiration of the sentence or until he ceases to be liable to serve the sentence be deemed for the purposes of Part IV to be a person liable to serve a sentence of imprisonment.
10. Where a transfer direction is made in respect of a person who is subject to a segregation order and that order, unless extended under the Act, would have expired within a period of one year from the date of the making of the transfer direction, that person, while he is detained in a hospital in pursuance of that transfer direction is entitled to make one such request as is referred to in subsection (2) of section 68 at any time within a period of 12 months after the date on which the segregation order would so have expired unless he has already made a request in accordance with that section or has become entitled under that section to make such a request, and a request made in accordance with this clause shall be deemed to have been made in accordance with the provisions of that section.
11. Where a transfer direction is made in respect of any person sentenced to imprisonment under section 12 of the Act the treatment order in force in respect of that person ceases to have effect.
12. Section 14 of the Act does not, after the commencement of this Act apply to any person subject to a treatment order, but during the currency of such an order the Supreme Court, on application made on behalf of the Crown, may discharge that treatment order and, on discharging that order, may exercise in relation to that person the like powers as, if he had been convicted of an offence punishable with imprisonment, it could have exercised under Part IV .
PART VII - Property and affairs of patients
1. Expressions used in this Part of this Schedule have the same meaning as they have for the purposes of Part VI .
2. On the commencement of this Act the following persons shall be deemed to be patients, that is to say:(a) Any person of whose estate the Public Trustee or any other person was, immediately before the commencement of this Act, the committee or quasi-committee by virtue of an appointment made under Part VIII of the Supreme Court Civil Procedure Act 1932 ;(b) Any person of whose estate the Public Trustee had, immediately before the commencement of this Act, the custody and administration by virtue of section 61 of the Mental Deficiency Act 1920 ; and(c) Any person of whose estate the Public Trustee or any other person was, immediately before the commencement of this Act, the committee by virtue of an appointment under Part V of the Mental Deficiency Act 1920 .
3. A person referred to in paragraph (b) of clause 2 of this Part of this Schedule shall be deemed to be a person in respect of whom a certificate of disability is in force and the provisions of Part VI (including the provisions thereof relating to the revocation of certificates of disability) apply in respect of that person accordingly.
4. The Public Trustee or any other person who, immediately before the commencement of this Act, is the committee or quasi-committee of the estate of any person referred to in paragraph (a) or paragraph (c) of clause 2 of this Part of this Schedule shall be deemed to be the committee of the estate of that patient appointed under this Act.
5. Where, by virtue of clause 4 of this Part of this Schedule any person (other than the Public Trustee) becomes the committee of the estate of any person, he shall as respects the property and affairs of that person have the like powers and duties as he had immediately before the commencement of this Act as if those powers and duties had been conferred or imposed upon him by an order of the court in the exercise of the functions conferred on it by Part VI .
SCHEDULE 6 - Reprint Amendments
PART I - Reprint Amendments
25 Vict. No. 16 | Real Property Act 1862. | 26 Vict. Sess. 2, No. 1 | Real Property Act 1863. | 62 Vict. No. 34 | Trustee Act 1898. | 23 Geo. V No. 58 | Supreme Court Civil Procedure Act 1932. | 2 Geo. VI No. 41 | Superannuation Act 1938. |
PART II
Symbol as enacted | Symbol as reprinted | I | (a) | II | (b) | III | (c) | V | (e) | (b) | (ii) |