MENTAL HYGIENE ACT 1958. · 2019-05-16 · 1958. Mental Hygiene. No. 6314 89 No. 6314. MENTAL HYGIENE ACT 1958. An Act to consolidate the Law relating to Mental Hygiene. BE it enacted

1958. Mental Hygiene. No. 6314 89

No. 6314.

MENTAL HYGIENE ACT 1958.

An Act to consolidate the Law relating to Mental

Hygiene.

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

[30th September, 1958.]

1. This Act may be cited as the Mental Hygiene Act 1958, shortutie and shall come into operation on a day to be fixed by proclamation mem and of the Governor in Council published in the Government Gazette, and is divided into Parts and Divisions as follows:— Part Part

division.

I.—Mental Hygiene Authority, Officers, &c, ss. 4-23. II.—Reception of Patients ss. 24-37.

Division 1.—Mental Hospitals ss. 38-39.

Division 2.—Register of Patients, &c, ss. 40-43.

Division 3.—Receiving Houses and Receiving Wards ss. 44-53.

Division 4.—Cottages, &c, for Paying Patients ss. 54-58.

Division 5.—Private Mental Homes ss. 59-65.

Division 6.—Hospitals for the Criminal Insane ss. 66-75.

Part III.—C o n t r o 1 Care and Treatment of Patients and Voluntary Boarders ss. 38-110.

1958. Mental Hygiene. No. 6314

Part III.—C o n t r o 1 Care and Treatment of Patients and Voluntary Boarders.

Part IV.—Commissions de Lunatico Inquirendo and Inquiries ss. 111-134.

Part V.—Administration and Management of the E s t a t e s of Lunatics ss. 135-206.

Division 7.—Treatment and Inspection of Patients and Inspection of Buildings ss. 76-91.

Division 8.—Annual Examination ss. 92-94.

Division 9.—Transfer and Trial Leave of Patients ss. 95-99.

Division 10.—Removal of Patients from Victoria s. 100.

Division 11.—Boarding out of Patients s. 101.

Division 12.—Discharge of Patients ss. 102-109.

Division 13.—Voluntary Boarders s. 110.

' Division 1.—Issue of Commission and Proceedings thereon ss. 111-125.

Division 2.—Traverse of Inquisitions ss. 126-130.

Division 3.—Supersedeas of Inquisitions ss. 131-132.

Division 4.—Costs s. 133. Division 5.—Foreign Commissions,

&c, s. 134. r Division 1.—General Powers and

Duties of Master of the Supreme Court of Victoria ss. 135-179.

Division 2.—Management of the Estates of Lunatics ss. 180-206.

Part VI.—Mental Treatment ss. 207-210. Part VII.—Miscellaneous Provision ss. 211-219. Part VIII.—Special pro

vision relating to persons residing and Orders and Declarations made elsewhere than in Victoria ss. 220-224.

Division 1.—Preliminary ss. 220-221. Division 2.—Powers of Public Trustee

ss. 222-223. Division 3.—Resealing Orders and

Declarations in Lunacy made elsewhere s. 224.

2. (1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts


immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application determination declaration petition licence certificate approval consent appointment commission inquiry warrant condition notice fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

3. (1) In this subject-matter—

Act unless inconsistent with the context or Interpretation. No. 3721«. 3; No. 4157 8 . 2 ( 1 ) . No. 465* s. 3 (3) , No. 4704 0. 3, No. 4988 s. 14 (6 ) , No. 5329 s. 11 (2) . No. 5519 s. 24 (1) (o) . " Authority." " Authority " means the Mental Hygiene Authority under

this Act. " Chief medical officer " means the chief medical officer of „£}£<*

the Authority. officer!-" Commission " means a commission in the nature of a •• com-

writ de lunatico inquirendo, and includes the general """s 011-" commission by this Act authorized to be issued.

" Conveyance" includes any grant release surrender " con- , assignment or other assurance and all acts deeds and veyance' things necessary for making and perfecting the same.

" C o u r t " means the Supreme Court of Victoria. " Criminal insane" includes persons imprisoned or

detained in any gaol or juvenile school or other place of confinement under any sentence or under a charge of any offence or for not finding bail to answer a criminal charge or in consequence of a summary conviction who shall appear to be insane, and persons who under the Crimes Act 1958 or any corresponding previous enactment are ordered to be kept in safe custody either until the Governor's pleasure be known or during the Governor's pleasure.

M Dividends " includes interest or other annual produce. " Dividends."

" Court."

" Criminal insane."

92 1958. Mental Hygiene. No. 6314

" Land."

" Lunatic'

" Lunatic patient."

' Master.'

" Medical practitioner."

" Mental hospital.** " hospital" "asylum."

" Mental Hygiene Branch."

" Next of kin."

" Order."

' Patient."

" Land " means any real property of whatsoever description corporeal and incorporeal, and includes property of every description transferable otherwise than in books kept by any company or society, or any share thereof or charge thereon or estate or interest therein.

" Lunatic " means any person idiot lunatic or of unsound mind and incapable of managing himself or his affairs, and whether found lunatic by inquisition or not.

"Lunatic patient" and "patient" mean any person detained at the commencement of this Act under any Act hereby repealed or at any time received into detained or ordered to be received into or detained in any mental hospital hospital for the criminal insane receiving house receiving ward or private mental home.

" Master " means Master of the Supreme Court of Victoria. ; Medical practitioner

practitioner. means a legally qualified medical

" Mental hospital" or " hospital " or " asylum " means any house building or place provided by the State for the reception of insane persons.

" Mental Hygiene Branch" means the Mental Hygiene Branch of the Department of Health.

" Next of kin " refers to the next of kin of a lunatic or a patient and includes the person or persons who would be entitled to his property or to any share thereof under any law for the distribution of the property of intestates in case he were dead intestate.

" Order " in relation to the reception of a patient includes any request and any warrant or direction under the hand of the Chief Secretary or of the Governor.

" Patient" in addition to the meaning assigned to it as aforesaid includes all persons who are in any manner subject to be treated as insane or who are in any manner under any control or supervision as insane or persons of unsound mind, and until any of such persons are discharged under this Act all persons who may have been under detention control or supervision, or who may have been permitted to be absent on trial leave or parole under this Act or any corresponding previous enactment or who are boarded out or placed in a cottage established for the reception


of paying patients or in a private mental home but does not include any person detained in an institution under the Mental Deficiency Act 1958 or allowed to be absent therefrom on trial leave or parole or otherwise.

" Paying patients" means any patients on whose behalf "/g*1*. payments are made or agreed to be made for paten,s' cottage or other separate accommodation under the regulations of the Governor in Council.

" Prescribed" means prescribed by this Act or any •• Prescribed." regulation hereunder or under any corresponding previous enactment.

" Private mental home " means any house or building a *• Private licence to keep which is granted or renewed under home."

this Act.

" Public Trustee " means Public Trustee under the Public "Puwfc, Trustee Act 1958. rustee'

" Receiving house " means any house building or premises |j Receiving proclaimed and constituted a receiving house. ouse'

" Receiving ward " means any ward of any general public "Receiving hospital or institution (within the meaning of the ward*" Hospitals and Charities Act 1958 or any Act relating to hospitals and charities) which may under this Act be proclaimed and constituted a receiving ward for the temporary reception and care of insane persons or persons of doubtful sanity.

" Schedule " means Schedule to this Act. " schedule."

" Stock " includes any share in any company and any fund " stock." annuity or security transferable in books kept by any company or society, and any money payable for the discharge or redemption thereof, and any share or interest therein.

" Superintendent" includes deputy superintendent. intoSenf " Transfer" includes any assignment payment or other " Transfer."

disposition.

(2) Unless inconsistent with the context or subject-matter, in References to every other enactment and in every Order in Council proclamation Lunacy and

order warrant direction scheme letters patent rule regulation Equity in

by-law or other instrument or any other document whatsoever, and"""™18

any reference to the Master-in-Lunacy or the Master-in-Equity d£cuments

shall be deemed and taken to be a reference to the Master of the Supreme Court of Victoria in his capacity as Master under this Act or (as the case requires) to the Public Trustee.


Interpretation. No. SS19 a. 2.

" Prescribed."

Reference to Mental Deficiency Act.

PART I.—MENTAL HYGIENE AUTHORITY, OFFICERS, ETC.

4. In this Part unless inconsistent with the context or subject-matter—

(a) " Prescribed " means prescribed by regulations made under this Part;

(b) any reference to this Act shall include also a reference to the Mental Deficiency Act 1958.

o^MMta'i011 ^' (* ) ^ o r ^ e P u r P o s e s °f carrying ou t this Ac t there shall be Hygiene1 an Author i ty to be called the Men ta l Hygiene Author i ty N"!'HI9S. 3. appointed by the Governor in Counci l a n d const i tuted as hereinafter

provided. (2) The Authority shall consist of three members appointed

by the Governor in Council of whom— (a) one shall be a legally qualified medical practitioner

being an expert in psychiatry who shall be appointed as chairman of the Authority;

(b) one shall be a legally qualified medical practitioner being a physician with experience in psychiatry who shall be appointed as deputy chairman of the Authority;

(c) one shall be a person with administrative skill and experience.

(3) No person of or over the age of sixty-five years shall be capable of being appointed or continuing a member of the Authority.

OIBSB'LSI **' ^ * ^ Subject to this Ac t the members of the Author i ty shall remuneration be entitled to hold office for the terms (no t exceeding five years) Authority. ° for which they are respectively appointed and shall b e eligible NO. 55i9s. 4. for re-appointment .

(2) The members of the Authority shall respectively receive such salaries as are from time to time fixed by the Governor in Council and shall respectively be entitled to receive such travelling expenses as are prescribed.

(3) The members of the Authority shall not during their continuance in office directly or indirectly engage in any paid employment outside the duties of their respective offices.

(4) The members of the Authority shall not in respect of their office as members be subject to the provisions of the Public Service Act 1958.

(5) If any person appointed as a member of the Authority was immediately before his appointment an officer of the public service such person shall be eligible (in all respects as if he were an officer of the public service) on the recommendation of the


Public Service Board to be appointed on or before the termination of his term of office under this Act to some office in the public service with a classification and emolument corresponding with or higher than that which he held in the public service immediately prior to his appointment as a member of the Authority and as if the whole period of his service in that service and under this Act had been a period of service in the public service.

(6) If any member is at the time of his appointment an officer within the meaning of the Superannuation Act 1958 he shall subject to that Act continue to be an officer within the meaning of that Act.

7. (1) The Governor in Council may suspend any member of suspension the Authority from office but no member shall be removed from of members of office except as hereinafter provided.

(2) The Minister shall cause to be laid before both Houses of Parliament a full statement of the grounds of suspension of any member within seven days after such suspension if Parliament is then sitting or if Parliament is not then sitting then within seven days after the next meeting of Parliament.

(3) Any member so suspended shall be removed from office by the Governor in Council if each House of Parliament within seven sitting days after the day when such statement is laid before it declares by resolution that such member ought to be removed from office, and unless each House within the said time so declares the Governor in Council shall remove such suspension and restore such member to office.

8. (1) The office of any member shall become vacant— (a) at the expiration of his term of office; (b) if he dies; (c) if he is incapable of continuing a member; (d) if he is removed from office; (e) if he resigns in writing under his hand addressed to

the Governor in Council; or (/) if without the consent in writing of the Minister he

fails to attend three successive meetings of the Authority.

(2) If the office of a member becomes vacant otherwise than by retirement of such member at the expiration of his term of office a qualified person shall be appointed to fill such extraordinary vacancy.

(3) Any person appointed to fill such extraordinary vacancy shall subject to this Act be entitled to hold office for the remainder of the term of office of the person in whose place he is appointed.

Vacancies. No. 5519 s. 6


Provision tor appointment of acting members. No. 5519 s. 7.

9. In the case of the illness absence or suspension of, or in the case of an extraordinary vacancy in the office of, the chairman or of any other member the Governor in Council may appoint some qualified person to act in the place of the chairman or other member (as the case may be) during such illness absence suspension or vacancy and no longer, and may remove any person so appointed; and such person shall during the time for which he acts for such chairman or such other member have all the powers and perform all the duties and be entitled to all the immunities of the chairman or other member (as the case may be).

Meetings and proceedings of Authority. No. 5519 s. 8.

10. (1) The chairman shall preside at all meetings of the Authority at which he is present and in his absence the deputy-chairman shall preside.

(2) Two members of the Authority shall form a quorum. (3) At any meeting of the Authority the decision of the

majority of the members of the Authority shall be the decision of the Authority.

(4) Subject to this Act and the regulations the Authority may regulate its own proceedings.

Signing documents. No. 5519 a. 9.

11. Any document shall be deemed to be sufficiently signed by the Authority if signed by the chairman and the secretary to the Authority or by any two members and the secretary to the Authority.

Functions of Authority. No. 5519 s. 10.

12. The functions of the Authority shall, subject to this Act and the powers of the Governor in Council and the Minister under this Act, be to formulate control and direct general policy and administration under this Act, and, in particular, and without affecting the generality of the foregoing, the functions of the Authority shall be—

(a) to make provision for the improvement of the treatment and measures for the prevention of mental defect disorder and disease;

(b) to provide for the carrying out of research and investigations in relation to the causation and treatment of mental defect disorder and disease;

(c) to arrange for the inspection and control of institutions licensed as private mental homes;

(d) to furnish recommendations and reports to the Minister upon matters affecting the accommodation maintenance treatment and welfare of persons suffering from any mental defect disorder or disease;

(e) to provide the Minister with copies of all reports and recommendations furnished to the Authority pursuant to any of the provisions of this Act;


(/) to publish reports information and advice concerning mental defect disorder and disease;

(g) with the approval of the Minister— (i) to arrange for the provision of places for the

accommodation maintenance treatment and welfare of persons suffering from any mental defect disorder or disease;

(ii) to arrange for the provision of special accommodation for the treatment of ex-servicemen and ex-servicewomen suffering from any mental defect disorder or disease;

(iii) to establish or assist in the extension or establishment of—

out-patient clinics for advice and treatment in relation to mental or emotional disorder;

hostels for the welfare and rehabilitation of persons who are or have been under the control of the Mental Hygiene Branch;

a preventive service, including clinics, to deal with retarded defective and problem children;

(ft) subject to the Public Works Act 1958 to ensure that mental hospitals, receiving houses, clinics, hostels, and other places provided by the State for the purposes of this Act are kept in a proper state of maintenance and repair;

(i) to submit recommendations to the Minister concerning proposed amendments to this Act and regulations thereunder relating to the treatment and welfare of persons suffering from mental defect disorder or disease;

(/) to carry out any other powers and duties conferred or imposed upon the Authority by or under this Act.

13. (1) The Authority shall in April in each year furnish to Reports and

the Minister for submission to the Governor in Council a report— lSfS'fom°3>ed by Authority.

(a) concerning the exercise of its functions during the NO.SSI9S. ii; period of twelve months ending on the thirty-first â'a?? day of December last preceding;

(b) concerning the state and condition of the several mental hospitals, receiving houses, private mental homes and other institutions visited by the

VOL. V I . — 4


Authority or any member thereof during that period and the care of the patients and persons therein; and

(c) containing such information and recommendations in relation to the administration of this Act as appear to the Authority to be desirable.

(2) Every such report shall be laid as soon as may be before both Houses of Parliament.

(3) The Authority may at any time, and when required by the Minister so to do shall, furnish to the Minister such reports or information in connexion with any matter relating to the administration of this Act as it thinks proper or as he requires (as the case may be).

14. (1) No action or suit shall be brought or maintained against the Authority or any person who is or has been a member of the Authority for any nonfeasance or misfeasance in connexion with its or his duties nor shall any action or suit lie nor any costs be payable in respect of any proceeding before the Authority.

(2) No action or suit shall be brought or maintained against any person who holds or has held the office of chief medical officer of the Authority or who has held the office of, or acted as, Director of Mental Hygiene for any nonfeasance or misfeasance in connexion with his duties as such.

chief medical 15. (1) There shall be a chief medical officer of the Authority HOSSU s. 13. w n 0 s n a ^ be a permanent medical officer in the Mental Hygiene

Branch. (2) Under the direction of the Authority the chief medical

officer shall be responsible for the medical care and welfare of all patients or persons in mental hospitals or other institutions controlled by the Authority and shall have such powers duties and immunities as are conferred or imposed upon him by or under any Act.

(3) Where any power is conferred by or under any Act on the chief medical officer that power shall be exercisable also by the Authority and the exercise of the power shall be subject to the power of the Authority which may substitute its decision for any decision of the chief medical officer in exercising his power and the Act shall be read and construed accordingly.

• •*/ Every decision of the Authority made pursuant to the last preceding sub-section shall be given effect by the chief medical officer and all persons engaged in the administration of the Act.

(5) In the case of the illness absence or suspension of the chief medical officer or vacancy in the office the Minister on the recommendation of the Authority may appoint a permanent medical officer in the Mental Hygiene Branch to act as chief

Protection of Authority and of members and of chief medical officer &c No. 3519 s. 12.

Acting chief medical officer.


medical officer and during the time for which he so acts such officer shall have all the powers and perform all the duties and be entitled to all the immunities of the chief medical officer.

16. (1) There shall be a chief clinical officer of the Authority cwefcunicai who shall be a permanent medical officer in the Mental Hygiene No"si9 8.t4. Branch who is an expert in psychiatry.

(2) Under the direction of the Authority the chief clinical officer shall be responsible for the carrying out of research in mental defect disorder and disease, the training of medical officers in the Mental Hygiene Branch, and the co-ordination of psychiatric treatment.

(3) Subject to the approval of the Authority the chief clinical officer may engage in teaching or research otherwise than under the control and direction of the Authority.

17. (1) The Governor in Council may appoint some fit and secretary to proper officer of the public service to be secretary to the NO'^TI'^ is-Authority. No! 5923

J s. 5 (4). (2) The secretary to the Authority shall also be secretary of

the Mental Hygiene Branch and, in addition to carrying out his administrative and secretarial duties, shall under the control and direction of the Authority be responsible to the Authority for the maintenance of buildings and equipment and the purchase and issue of stores and provisions in the Mental Hygiene Branch and for that purpose may give any necessary directions in relation thereto to the Secretary of any mental hospital or to any other administrative officer in the said Branch.

18. (1) The Governor in Council may appoint an Advisory Appointment

Committee to the Authority. M E u S . of Advisory

(2) The Advisory Committee shall consist of eight members Co"1™'"68-appointed by the Governor m Council of whom—

(a) one shall be a senior medical officer in the Mental Hygiene Branch;

(b) one shall be a legally qualified medical practitioner engaged in practice as a consultant in psychiatry;

(c) two shall be appointed as representing mental hospital auxiliaries and similar voluntary organizations working for the mentally sick;

(d) one shall be appointed as representing the Victorian Branch of the Returned Sailors Soldiers and Airmen's Imperial League of Australia;

(e) one shall be a member of the staff of the Mental Hygiene Branch who is a member of the Hospital Employees Federation of Australasia;

No. 5519 s. 16.


(/) two shall be appointed as representing respectively the University of Melbourne and the nursing profession.

(3) The Governor in Council may appoint one of the members to be chairman and one to be deputy chairman of the Advisory Committee.

(4) Whenever the Advisory Committee deems it advisable it may co-opt any expert person to sit with the Committee.

(5) The members of the Advisory Committee shall hold office for the respective terms for which they are appointed by the Governor in Council and shall be eligible for re-appointment, but the Governor in Council may at any time remove any such member from office and appoint a proper person in his place.

(6) The members of the Advisory Committee (other than any officer in the Mental Hygiene Branch) and any expert person co-opted as aforesaid shall be entitled to be paid such attendance fees and travelling expenses as are prescribed.

(7) The members of the Advisory Committee shall not in respect of their office as members be subject to the provisions of the Public Service Act 1958.

(8) The meetings of the Advisory Committee shall be held and the proceedings of the Committee shall be conducted as prescribed but save as aforesaid the Committee may regulate its own proceedings.

(9) The functions of the Advisory Committee shall be— (a) generally to advise the Authority on all matters

relating to the Mental Hygiene Branch; and (6) to report to the Authority on any particular matter

referred to it by the Authority.

19., (1) For the purposes of this Act there shall be a Superintendents Committee.

(2) The Committee shall consist— (a) of the superintendents of mental hospitals and

receiving houses and of such other institutions provided by the State under this Act as are specified by the Minister; and

(b) such other senior medical officer in the Mental Hygiene Branch as the Minister appoints.

(3) A chairman of the committee shall be appointed by the Minister.

(4) The committee shall meet at such times and places, but not less than twice in each year, as the chairman of the committee appoints.

(5) The function of the committee shall be to make such recommendations to the Authority as it thinks proper in relation to the administration of this Act.

Superintendents Committee— constitution and functions. No. 5519 s. 17.


20. (1) Subject to this Act the number of permanent and Provisions

temporary medical positions in the Mental Hygiene Branch and 2*835to

the classification and salary thereof and conditions of service MemS1" therein shall be as prescribed. aSnSf

(2) All appointments (including promotions) to the permanent medical positions shall be made by the Governor in Council after consideration by the Minister of any relevant report or recommendation made by the Authority.

(3) All appointments (including promotions) to the temporary medical positions shall be made by the Authority subject to the approval of the Minister.

(4) No medical officer occupying a permanent or temporary position in the Mental Hygiene Branch shall, save as hereinafter provided, be subject to the Public Service Act 1958.

(5) The provisions of sections fifty-six to fifty-eight, sixty to Application of . . V/ • j . c • i • • * • i _* J * „ . e ^ Public Service

sixty-three, sixty-five, sixty-six, sixty-eight, and seventy-two of the Act ss.56-58, Public Service Act 1958 shall with such modifications as are atli'.65'66' necessary extend and apply to medical officers in the Mental Hygiene Branch and in particular as if in any of those sections—

(a) any reference to the Public Service Board were a reference to the Authority;

(b) any reference to the public service included a reference to service in the Mental Hygiene Branch under this Act;

(c) any reference to an officer were a reference to a permanent medical officer, and to an employe were a reference to a temporary medical officer, in the Mental Hygiene Branch.

(6) Every medical officer who is appointed to a permanent position in the Mental Hygiene Branch under this Act shall be deemed to be an officer within the meaning of the Superannuation Act 1958 and if, immediately before such appointment he occupied a permanent office in the public service, he shall notwithstanding such appointment be deemed to continue subject to that Act to be an officer within the meaning of that Act.

21 . (1) The provisions of this section shall apply with respect Punishment of to the Mental Hygiene Branch and officers or employes (including ?Sp?w/snd

permanent and temporary medical officers) thereof or therein. N0. 5519 S. 19.

(2) If any officer or employe^— is guilty of any breach of the regulations made under the

Public Service Act 1958 or this Act; is guilty of any misconduct; is negligent or careless in the discharge of his duties;

1958. Mental Hygiene. No. 6314

is inefficient or incompetent and such inefficiency or incompetency appears to arise from causes within his own control; or

is guilty of any disgraceful or improper conduct— then such officer or employe" shall be guilty of an offence.

(3) Any such officer or employe charged with the commission of any such offence may be dealt with in one of the modes following:—

(a) If the administrative member of the Authority, after hearing such officer or employe in his defence, thinks that such offence has been committed by such officer or employe" but is of opinion that the alleged offence is of such a minor character as not to warrant the making of a report thereof to the Authority, such member may either reprimand or caution such officer or employ6 only or in addition to such reprimand or caution impose a penalty of not more than Five pounds upon such officer or employed

Provided that the Minister may on the appeal of the officer or employe" so reprimanded cautioned or fined confirm vary or disallow the action of such member and the decision of the Minister shall be final and without appeal;

(Z>) If such member considers the alleged offence to be of such a nature as to warrant the making of a report thereof to the Authority he shall suspend such officer or employ6 from duty and forthwith report him to the Authority which may decide itself to deal with the charge or require such member to deal with the officer or employe under the last preceding paragraph;

(c) If the Authority decides itself to deal with the charge it shall thereupon require the officer or employe to state in writing whether he admits or denies the truth of the charge;

(d) If the truth of the charge is admitted or is found by the Authority to be proved, the Authority may according to the nature of the offence reprimand or impose a pecuniary penalty of not more than Twenty-five pounds on such officer or employe^ reduce such officer or employe to a lower class or grade and salary, or to a lower class or grade or to a lower salary, or may dismiss such officer or employe" from the public service or (in the case of a medical officer) from his position in the Mental Hygiene Branch, or dispense with his services, and


unless the Authority otherwise orders such officer or employe shall forfeit all salary except such as may have been due to him before his suspension;

(e) If the Authority decides itself not to deal with such charge or if such charge is found by the Authority not to be proved the suspension shall be immediately removed;

(/) For the purpose of enabling the Authority to conduct any investigation or inquiry for the purpose of dealing with any such charge the provisions of sections fourteen to sixteen of the Evidence Act 1958 shall apply as if the Mental Hygiene Authority were a board appointed by the Governor in Council and as if the chairman of the Authority had the powers of the chairman of a board appointed by the Governor in Council.

(4) Where pursuant to this section the Authority decides to Provision impose a pecuniary penalty on any permanent officer o r to reduce against* any permanent officer to a lower class or grade and salary or to ACuthor?tyfto a lower class or grade or to a lower salary or to dismiss any dJJ,mûceo* permanent officer, that officer may appeal to the Publ ic Service officer-Board in m a n n e r determined by that Board and the appeal shall be in the na ture of a rehearing and that Board shall have all the powers of the Author i ty and its decision shall be final and conclusive.

(5) In this section " administrative member of the Authority " " Admlnis-means the member of the Author i ty appointed as being a person £!!££* of the with administrative skill and experience. Authority.-

(6) The foregoing provisions of this section shall for the substitution purposes of this Act be deemed to be substituted for section fo/p^bn?'00

fifty-five of the Public Service Act 1958 which shall not apply in pJowSon. relation to the Mental Hygiene Branch or to officers or employes thereof, or therein.

22. (1) No female attendant or nurse shall be employed to f ^ ^ take charge of or attend on male patients, except— ^"sswtm

(a) as a nurse in case of sickness; (6) as a nurse directing the activities of male attendants;

or (c) to take charge of or to attend on—

(i) children; or (ii) patients certified by the superintendent to be

of cleanly and unobjectionable habits.

(2) Female occupational therapists may be employed in respect of male patients.


Regulations. 2 3 . (1 ) The Governor in Council may make regulations for NO. 55i9 8.2i. o r vvitJi respect to prescribing any matters or things required or

permitted to be prescribed by this Part or necessary or expedient to be prescribed for carrying this Part into effect.

Publication. (2 ) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament; and a copy of all such regulations shall be posted to each member of Parliament.

Insane persons without sufficient means of support or wandering at large. No. 3721 s. 20. Second Schedule. (No. 1).

P A R T I I . — R E C E P T I O N O F P A T I E N T S .

24. Upon information on oath before a justice that a person deemed to be insane is without sufficient means of support, or is wandering at large, or has been discovered under circumstances that denote a purpose of committing some offence against the law, such justice may by order in the form in the Second Schedule (No. 1) or to the like effect under his hand require a member of the police force to apprehend such person and bring him before two justices; and every member of the police force finding any such person so wandering or under such circumstances as aforesaid may without any such order apprehend him and take him before two justices.

Persons deemed to be insane not taken care of or cruelly treated. No. 3721 s. 21.

Second Schedule (No. 2).

Third Schedule.

2 5 . (1 ) Any member of the police force who has knowledge that any person deemed to be insane is not under proper care and control, or is cruelly treated or neglected by any person having or assuming the care or charge of him, shall forthwith give information thereof upon oath to a justice.

(2) A justice upon such information or upon the information upon oath of any person whomsoever to the like effect shall either himself visit and examine such person and make inquiry into the case, or by an order under his hand in the form in the Second Schedule (No. 2) or to the like effect direct and authorize some medical practitioner to visit and examine such person and make such inquiry and to report in writing to such justice his opinion thereon.

(3) If upon such personal visit, examination, and inquiry by such justice, or upon the report of such medical practitioner it appears to such justice that such person is insane and not under proper care and control, or is cruelly treated or neglected by any person having or assuming the care or charge of him, the justice may by order in the form in the Third Schedule or to the like effect under his hand require any member of the police force to apprehend such person and take him before two justices.(a)

(a) See also section 47.


26. (1) Any justice upon complaint made before him on oath that there is reason to suspect that any person deemed to be insane is detained in contravention of any of the provisions of this Act in any house room premises or place may give authority by special warrant under his hand in the form contained in the Fourth Schedule or to the like effect to any member of the police force to enter with the Chief medical officer or a medical practitioner, and with such assistance as may be found necessary, into such house room premises or place, and if necessary to use force for making such entry whether by breaking open doors or otherwise.

(2) If on such entry any person is found to be so detained and the Chief medical officer or a medical practitioner is of opinion that such person is insane he shall certify accordingly, and thereupon the member of the police force executing such warrant shall apprehend such person and bring him before two justices.

Search warrant may issue when person deemed to be insane is suspected to be detained without authority. No. 3721 s. 22; No. 5519 s. 24 (1) (a). Fourth Schedule.

Course to be pursued when the person deemed to be insane is brought before the justices. No. 3721 s. 23; No. 4157 s .2 ( l ) . Fifth Schedule.

27. The justices before whom any person is brought in pursuance of this Part shall call to their assistance any two medical practitioners who have previously examined such person apart from each other and separately signed certificates with respect to such person according to the form in the Fifth Schedule or to the like effect, and if upon examination of such person and such medical practitioners and upon other proof (if any) such justices are satisfied that such person is insane and—

(a) is without sufficient means of support; or

(b) was wandering at large; or

(c) was discovered under circumstances that denote a purpose of committing some offence against the law; or

(d) is not under proper care and control; or

(e) is cruelly treated or neglected by any person having or assuming the charge of him; or

(/) was detained in contravention of any of the provisions of this Act in any house room premises or place—

and is a proper person to be taken charge of and detained under care and treatment, the said justices may by an order under their hands according to the form in the Sixth Schedule (No. 1), or to sixth the like effect to be accompanied by such statement of particulars (Nhoediuj? as is contained in the Seventh Schedule and by such certificates seventh as aforesaid, direct such person to be removed into some mental Schedu,e-hospital to be named in such order, and such person shall be forthwith conveyed to, and upon production of such order statement and medical certificate, shall be received into and detained in such hospital accordingly.


Examination by justices. No. 3721 s. 24.

Suspension of order. Sixth Schedule (No. 2).

Relative's right to custody.

28. (1) The said justices may examine the person deemed to be insane and any witness in the matter at any convenient place, and proceed in all respects as if such person were brought before them at a court of petty sessions.

(2) The justices may in the form in the Sixth Schedule (No. 2) or to the like effect suspend the execution of any such order as provided in the last preceding section for any period not exceeding fourteen days, and in the meantime give such directions or make such arrangements for the proper care and control of such person as they consider necessary.

(3) If the medical practitioners or one of them, by whom such person is examined, certifies in writing that he is not in a fit state to be removed, the removal of such person shall be suspended until they or he or some other medical practitioner certifies in writing that such person is fit to be removed.

(4) Any relative or friend may retain or take such person under his own care, if he satisfies the justices before whom such person is brought that such person will be properly taken care of, anything in this Act to the contrary notwithstanding.

Power to justices to order payment of a fee to any medical practitioner &c. called tn to examine any person. No. 3721 s. 25; No. 4157 s.2(l). No. 5519 s.24(l) (a).

Eighth Schedule.

29. The justices causing any person to be examined by any medical practitioners under the provisions of this Act may grant a certificate in the form in the Eighth Schedule or to the like effect for the payment of such reasonable remuneration to such medical practitioners for the examination of such person and all other reasonable expenses in or about the examination of such person and the bringing him before such justices, and (in case he is ordered to be conveyed to any such mental hospital receiving house or other place) of conveying him thereto, as to such justices seem proper, and such remuneration and expenses where they cannot be obtained from the estate of the person examined shall be paid out of any sum voted by Parliament for the purposes of this Act. In every such case payment shall be subject to the approval of the Authority, whose decision shall be final and without appeal.

No person to be received into an hospital &c. without request and two medical certificates. No. 3721 s. 26; No. 4157 ».2(1). Ninth Schedule. Seventh Schedule. Fifth Schedule.

30. (1)<a) A person not found lunatic by inquisition shall not be received into any mental hospital or private mental home (save under the provisions herein contained) without a request under the hand of some person according to the form in the Ninth Schedule together with such statement of particulars as is contained in the Seventh Schedule nor without the medical certificates according to the form and containing the particulars required in the Fifth Schedule of two medical practitioners neither of whom shall be in partnership with or be the father son or brother of or an assistant to the other, and each of whom shall separately from

(a) See Public Trustee Act 1958 s. 41 as to report of reception to Public Trustee.


the other have personally examined the person to whom such certificates relate not more than seven clear days previously to the reception of such person, and such request as aforesaid may be signed before or after such medical certificates or either of them.

(2) No person found lunatic by inquisition shall be so received save under the said provisions without a request in the form in the Ninth Schedule signed by the committee appointed for such g"" . person, and having annexed thereto an office copy of the order appointing such committee, and also such statement of particulars as hereinbefore mentioned.

(3) Every person who receives any person into any mental penalty, hospital or private mental home save under the provisions herein contained without such request accompanied in each case by the statement and medical certificates as aforesaid shall be guilty of a misdemeanour.

31. Every medical practitioner signing any certificate in connexion with .the reception of any person into any mental hospital receiving house receiving ward or private mental home shall specify therein the facts upon which he has formed his opinion that the person to whom such certificate relates is insane or suffering from some mental disorder distinguishing in such certificate facts observed by himself from facts communicated to him by others; and no person shall be received into any mental hospital receiving house receiving ward or private mental home under any such certificate which purports to be founded only upon facts communicated by others.

Medical certificate to specify facts upon which opinion of insanity or mental disorder has been formed.

No. 3721 s. 27; No. 4157 s. 2(1), No. 5923 s.2(l).

32. Every medical practitioner who signs any certificate under No certificate or for the purposes of this Act without having seen and personally without8"*1

examined the person to whom it relates, at the time and in the examination. manner specified in such certificate, for the purpose of ascertaining No'3721 s"28' the condition of such person to the best of his knowledge and power, shall for every such offence be liable to a penalty of not more than Fifty pounds; and every practitioner who wilfully and falsely certifies in writing that any person is insane, believing him not to be insane, shall be guilty of a misdemeanour.

33. (1) If on or after the reception of any person into any General mental hospital hospital for the criminal insane receiving house Ed-mem oi receiving ward or private mental home it appears that any order ^ncat"! or request or any medical certificate or any other document under NO. 3721s. 29; any of the provisions of this Act upon which he has been received £2'a" is or are in any respect incorrect or defective, such order request medical certificate or certificates or other document may be amended by and on the sole authority of the person or persons signing the same at any time within fourteen days next after the reception of such person.

No. 5519 s. 24(1) (a).

108: 1958. Menial Hygiene. No. 6314

(2) No such amendment shall have any force or effect unless the same receives the sanction of the Authority.

(3) If any such order request certificate or other document is at any time deemed by the Authority to be incorrect or defective, and the same is not amended to its satisfaction within fourteen days after the receipt by the superintendent of such mental hospital hospital for the criminal insane receiving house or private mental home or medical officer of a receiving ward of a direction in writing from the Authority requiring amendment of the same, the Authority may if it thinks fit make an order for the discharge of the patient and he shall be discharged accordingly.

Persons prohibited from signing medical certificate for reception of patients. No. 3721 s. 30; No. 4157 s.2(l), No. 5519 s.24(l) (a).

34. Except as otherwise provided in this Act a medical certificate for the reception of a patient into a mental hospital or receiving house or receiving ward or any private mental home shall not be valid if any of the medical practitioners signing the same is—

(a) a relative or guardian of the patient; (b) the person by whom the request to receive is made; (c) a medical officer of the Mental Hygiene Branch; (d) in the case of a private mental home the licensee

resident medical practitioner of or a medical practitioner regularly visiting the same;

(e) a partner principal assistant or relative of the licensee of the private mental home;

(/) a partner principal assistant or relative of any other medical practitioner signing the certificate or request to receive; or

(g) an official visitor under this Act or a member of the Authority.

Persons received into hospitals Ac-may be detained and on escape recaptured. No. 3721s. 31; No. 4157 s .2 ( l ) , No. 5923 s. 3 (1).

35. Every person received as a patient into any mental hospital receiving house receiving ward or private mental home may be detained therein until he is removed or discharged as authorized by this Act; and in case of escape may within three months from the date of such escape be retaken by the superintendent of such mental hospital receiving house receiving ward or private mental home, or any officer or servant belonging thereto or by any member of the police force or by any other person authorized in writing in that behalf by such superintendent, and conveyed to and received and detained in such mental hospital receiving house receiving ward or private mental home, or, in the case of an escape from a mental hospital, on the direction in writing of the Chief medical officer may first be received and detained for a period of not more than seven days in some convenient mental hospital before being conveyed to and received and detained in the mental hospital aforesaid.


36. (1) Except as otherwise provided in this Act in every in case of the case in which any patient under any of the powers or provisions pe

auento?o! of this Act is removed temporarily from the mental hospital or „™t

:ureethed

hospital for the criminal insane or receiving house or receiving ^r^salorder

ward or private mental home for his reception into which an Jgjjjg*£to

order or request has been given, or transferred from such mental force. hospital or hospital for the criminal insane or private mental home NO*;3,™"'321

into any other mental hospital or hospital for the criminal insane ^ ^ or private mental home and also in every case in which any patient s.4(i). escapes from any mental hospital or hospital for the criminal insane or receiving house or receiving ward or private mental home and is retaken after such escape the certificate or certificates relating to and the original order for the reception of such patient shall respectively remain in force in the same manner as the same would have done if such patient had not been so removed or transferred or had not so escaped and been retaken.

(2) No period during which a patient is absent from a receiving house or receiving ward on leave or parole or having escaped or for any other reason shall be computed as part of any period whatsoever for which he may be detained therein.

37. All proceedings concerning persons whose sanity is in ^JjSjj§j£s question before justices or before stipendiary magistrates or before to be private the Master under this Act shall be conducted in chambers and chambers.

in private. S S I S M 5 - 3 * s. 11 (2).

PART I I I . — C O N T R O L CARE AND T R E A T M E N T OF PATIENTS AND VOLUNTARY BOARDERS.

DIVISION 1 . MENTAL HOSPITALS.

38. (1) The Governor in Council may at any time by order Proclamation published in the Government Gazette proclaim any house Or hospitals. building in Victoria provided by the State for the reception of 5JS'4157 s '3* insane persons a mental hospital within the meaning of this Act. s.2'0).

(2) Every house or building being immediately before the commencement of this Act a mental hospital is hereby declared to be a mental hospital within the meaning of this Act.

(3) The proclamation or declaration of any house or building as a public asylum or hospital for the insane or mental hospital may at any time be revoked by the Governor in Council by order published as aforesaid.

39. (1) On the recommendation of the Authority there may super-subject to this Act and the Public Service Act 1958 be appointed secretaries by the Governor in Council two persons (each of whom shall be fordhd

0esp"tiu.

a legally qualified medical practitioner) to be superintendent and No. 3721 s. 35; deputy superintendent respectively and two persons to be secretary ^s'fo.3

.and deputy secretary respectively of each mental hospital.


(2) The deputy superintendent shall act in the capacity of superintendent and the deputy secretary shall act in the capacity of secretary only during the absence from the mental hospital and at the direction of the superintendent or secretary (as the case may be).

A register of patients to be kept. No. 3721 a. 36; No. 4157 6.2(1). No. 5923 s. 5 (4). Tenth Schedule.

DIVISION 2 . REGISTER OF PATIENTS, ETC.

4©. (1) The secretary of each mental hospital shall immediately on the reception of any person as a patient make and sign an entry with respect to such patient in a book to be kept for that purpose to be called the " Register of Patients " according to the form and containing the particulars specified in the Tenth Schedule or such other form and containing such other particulars as the Governor in Council may direct, except as to the form of disorder the entry as to which is to be supplied and signed by the superintendent within one month after the reception of the patient, and except as to the discharge transfer removal or death of the patient the entry as to which is to be made when the same happens.

(2) Every secretary omitting so to make such entry within the time aforesaid and every superintendent omitting to make the entry hereinbefore required to be signed by him shall for every such offence be liable to a penalty of not more than Twenty pounds.

- Medical Journal." No. 3721 s. 37; No. 4157 s . 2 ( l ) . No. 5519 8 .24(1) (a). Eleventh Schedule.

' Case Book."

41. (1) In every mental hospital the superintendent— (a) shall once at least in every week enter or cause to be

entered in a book to be kept for that purpose to be called the " Medical Journal," a statement according to the form in the Eleventh Schedule showing the date of such statement, the number of patients of each sex then in such mental hospital the christian or other name and surname of every patient who then is or has since the last entry been under restraint or in seclusion therein and when and for what period and reasons and in case of restraint by what means, and the christian or other name and surname of every patient under medical treatment therein and for what (if any) bodily disorder, the condition of the mental hospital and every death injury and violence which has happened to or affected any patient since the last preceding entry; and

(b) shall also enter or cause to be entered in a book to be called the " Case Book " (to be kept in such form as the Governor in Council may direct), as soon as may be after the reception of any patient, the mental state and bodily condition of every patient


at the time of his reception, and also the history from time to time of his case whilst he continues in such hospital together with a correct description of the medicine and other remedies prescribed for the treatment of his disorder, and in case of death an exact account of the autopsy (if any) of such patient.

(2) Such books shall periodically be laid before the Chief medical officer, and every superintendent omitting to make or cause to be made such entries or any of them shall for every such offence be liable to a penalty of not more than Twenty pounds.

42. In case of the death of any patient a notice and statement according to the form in the Twelfth Schedule of the death and apparent cause of the death of such patient, and the name or names of any person or persons who was or were present at the death, shall (in addition to any notice respecting such death required by any law in force relating to the registration of deaths) within twenty-four hours after such death be drawn up and signed by the secretary and transmitted to the coroner of the district in which the patient has died, and a copy thereof signed as aforesaid shall also within the same twenty-four hours be forwarded in a prepaid envelope to the relative or one of the relatives named in the statement subjoined to the request or order for reception of such patient or to the person who signed such request; and every secretary who neglects or omits to draw up or sign such notice or statement within the time aforesaid, and every secretary who neglects to transmit such copies within the time aforesaid, shall respectively be guilty of an offence and shall be liable to a penalty of not more than Twenty pounds.

Notice of the death of patients to be transmitted to coroner &c No. 3721 s. 38; No. 5923 s. 5 (4). Twelfth Schedule.

43. The secretary shall, within twenty-four hours after the death discharge removal transfer escape or recapture of any patient, transmit to the Authority a written notice of such death discharge removal transfer escape or recapture according to the form in the Thirteenth Schedule; and such secretary shall, within twenty-four hours after the death discharge transfer or removal of any patient, make and sign an entry thereof in the " Register of Patients," and also in a book to be kept for that purpose to be called the " Discharge Register," according to the form and containing the particulars in the Fourteenth Schedule or to the like effect; and every secretary who neglects or omits to make such entry as aforesaid or to transmit such notice as aforesaid within the time aforesaid shall be guilty of an offence and shall be liable to a penalty of not more than Ten pounds; and every secretary who knowingly and wilfully in such entry untruly sets forth any of the particulars required shall be guilty of a misdemeanour.

Notice of death &c. of patients to be transmited o Authority. No. 3721 s. 39; No. 5519 s.24(l) (a), No. 5923 8.5(4). Thirteenth Schedule.

Fourteenth Schedule.


Governor in Council may proclaim receiving bouses. No. 3721 s. 40; No. 5923 s. 6.

DIVISION 3 . RECEIVING HOUSES AND RECEIVING WARDS.

44. (1) The Governor in Council may by Order in Council, published in the Government Gazette, proclaim and constitute any house or premises provided by the State to be a receiving house and may at any time in like manner vary or revoke such order.

(2) For the purposes of this section the Governor in Council may so proclaim and constitute any two or more houses or premises provided by the State to be one receiving house.

Superintendents secretaries and deputies for receiving houses. No. 3721s. 41; No. 5923 s. 5 (2) .

45. (1) On the recommendation of the Authority there may subject to this Act and the Public Service Act 1958 be appointed by the Governor in Council two persons (each of whom shall be a legally qualified medical practitioner) to be superintendent and deputy superintendent respectively and two persons to be secretary and deputy secretary respectively of each receiving house.

(2) The deputy superintendent shall act in the capacity of superintendent and the deputy secretary shall act in the capacity of secretary only during the absence from the receiving house and at the direction of the superintendent or secretary (as the case may be).

Certain persons not to be sent to receiving house. No. 3721 s. 42.

46. No person who is under arrest for any indictable offence or who is in any way subject to be dealt with as one of the criminal insane shall be sent to or received into any receiving house or receiving ward.

A justice may order a person apprehended to be conveyed to a receiving house. No. 3721 s. 43; No. 5923 s. 7. Fifteenth Schedule. Sixteenth Schedule.

Temporary detention in receiving house or ward and subsequent disposal.

47. (1) Where any person has been apprehended under Part II. if a medical practitioner signs a certificate in the form of the Fifteenth Schedule or to the like effect any justice may by order under his hand in the form or to the effect of the Sixteenth Schedule direct that the person so apprehended shall be conveyed to and received into a receiving house or receiving ward for a period of not more than seven days and shall in such order direct a member of the police force to bring such person before two justices as soon as practicable to be dealt with according to this Act.(a)

(2) No such person shall be detained in a receiving house or receiving ward for a period of more than seven days except—

(a) on a certificate of the superintendent or medical officer that it would be dangerous to remove the patient and then only while such danger remains; or

(b) pursuant to an order of justices made under the following provisions of this section.

(a) See also section 25.


(3) Any person detained under sub-section (1) of this section in any receiving house or receiving ward may be brought before two justices who shall call to their assistance any two medical practitioners who have previously examined such person apart from each other and separately signed certificates with respect to such person in the form either of the Fifth or the Fifteenth pjgjj jgj Schedule or to the like effect. schedules.

(4) Such justices may by order under their hands either—

(a) commit such person to a mental hospital according to the procedure and manner set out in section twenty-seven of this Act; or

(b) direct that such person shall be detained in such receiving house or receiving ward for some further period but such period shall not together with the seven days aforesaid exceed three months in the aggregate, and thereafter subject to the next succeeding sub-section such person shall so far as discharge from the receiving house or receiving ward or transfer to a mental hospital is concerned be subject to the provisions of section forty-nine of this Act.

(5) Where a person is in a receiving house or receiving ward or other place under an order of justices under this or the next succeeding section then for the purpose of directing such person to be detained in such receiving house or receiving ward or removed into a mental hospital a justice may accept a certificate of the superintendent together with a certificate signed either by a medical practitioner of or a medical practitioner regularly visiting such receiving house or receiving ward or other place.

48. (1) Where any person has been brought before justices under Part II. if the medical practitioners called to the assistance of such justices do not agree in their opinion as to the insanity of such person, or if the justices are of opinion that it is advisable to remand such person the justices may by order under their hands in the form or to the effect of the Seventeenth Schedule from time to time remand such person to a receiving house or receiving ward for a period of not more than seven days at a time and shall direct that he be again brought before them or some other two justices to be further dealt with under the said Part. No person shall in any event be detained in a receiving house or receiving ward for more than three months.

(2) If in any case where an order has been made directing any person to be received into or remanding any person to a receiving house or receiving ward there is no accommodation in such receiving house or receiving ward for such person the justice or

When medical practitioners differ power to remand person to a receiving house. No. 3721 s. 44: No. 4821 s . 2 ( l ) . Seventeenth Schedule.

.114 1958. Mental Hygiene. No. 6314

Eighteenth Schedule.

justices may in the form in the Eighteenth Schedule or to the like effect remand such person for proper care and control to some other suitable place until he can be received into the receiving house or receiving ward.

Private admissions. No. 3721 s. 45; No. 4157 ss.2(l),6, No. 4821 s. 2 (2), No. 5519 s.24(l) (o).

Nineteenth Schedule. Twentieth Schedule. Fifteenth Schedule.

49. (1) Any person who is in the opinion of two medical practitioners suffering from any mental ailment which renders it desirable that he should be placed under observation may be received into a receiving house upon production of a request under the hand of some person in the form or to the effect of the Nineteenth Schedule and of such statement of particulars as is contained in the Twentieth Schedule accompanied by certificates in the form or to the effect of the Fifteenth Schedule of such medical practitioners each of whom has separately from the other personally examined the person to whom such certificates relate not more than seven clear days previously to the reception of such person, and such request may be signed before or after such medical certificates or either of them.

Patients to be received into receiving house and to be examined.

Further detention.

Patient not Insane to be discharged.

If patient is Insane superintendent to order transfer to mental hospital.

(2) Every such person shall be received as a patient for observation, and shall without delay be examined by the superintendent. Such patient shall continue in the receiving house for the period of one month unless sooner discharged or transferred to a mental hospital as provided in this Act.

(3) Such patient may be detained in the receiving house for a further period not exceeding two months if the Chief medical officer or an official visitor certifies that it is desirable that such patient should be so detained.

(4) If after examination of such patient the superintendent thinks that such patient is not insane and does not require treatment, he shall indorse upon the request and enter in the case-book his opinion that such patient is not insane and does not require treatment and the patient shall be at once discharged from the receiving house. If so required by the patient the superintendent shall give to him a certificate of such opinion as indorsed upon the request.

(5) If after such examination the superintendent is of opinion that such patient is insane and requires treatment the superintendent shall thereupon make an order under his hand for the transfer of such patient to some mental hospital to be named in such order.

Effect of order.

(6) Such order shall be accompanied by the request statement and medical certificates upon which the patient was received into the receiving house and when so accompanied shall be a full and sufficient authority for the reception of the patient into the mental hospital named in the order.


50. No person shall be received into any receiving house or persons not receiving ward except under the provisions of this Division or of receiving

any Order in Counci l m a d e pursuant to the next succeeding S S Acct!pt

section. NO. 3721 s. 4&

5 1 . If the Authori ty at any time certifies that any of the Power of

provisions of this Division are such that the requirements of the coSto'" public welfare with regard to the care of persons presumably provujons of insane cannot be adequately provided for it shall be lawful for this Division. the Governor in Counci l by order published in the Government NO llj? *'4 ' Gazette to suspend the operat ion of all or any such provisions for such time as m a y be specified in such order and to define the class of persons presumably insane who may during such suspension be received into a receiving house and to alter the form of the Fifteenth Schedule accordingly.

s . 2 4 ( l ) (a).

52. Division two of this Part shall apply to every receiving Application house as though the words "receiving house" had been inserted NORTHS1 «• in the said Division in lieu of the words " mental hospital ". "im1

53. (1) Where the committee or other body of persons in whose Governor in hands is vested the management of any public hospital or institution proclaim

within the meaning of the Hospitals and Charities Act 1958 or wards!"8

any Ac t dealing with hospitals and charities provide o r set apar t No. 3721s. 49 a ward for the purpose the Governor in Council may by order published in the Government Gazette declare such ward to be a receiving ward for the temporary reception of insane persons or persons presumably insane. Such Order in Council may be at any time revoked by the Governor in Council by order published in the Government Gazette.

(2) The Governor in Council may make regulations for the necessary medical attendance and other attention for persons detained in receiving wards and for the inspection thereof.

DIVISION 4 . COTTAGES, ETC., FOR PAYING PATIENTS.

54. The Governor in Council may direct that any cottage Regulations building or buildings or any portion thereof proclaimed as a eaabiishmem mental hospital shall be used exclusively for the reception care o^r'tfparau; and treatment of paying patients and may make regulations in S nfoTpwing regard to the accommodation to be provided for such patients patients. and the various scales of payment to be made for paying patients. NO'41573'5,:

s . 2 ( l ) .

55. No person shall be admitted into any cottage or place of Persons not to

separate accommodat ion as a paying pat ient until the Publ ic ply/n|tedas

Trustee certifies to the Authori ty that sufficient arrangements j^ 'ange^S have been m a d e on behalf of such proposed paying patient |pp?0

cvhedXs

for the payment on behalf of the said proposed paying patient Public Trustee. of the scale of charges provided by the regulations under this N £ 4654"'52:

A „ r s . 3 ( 3 ) , A C t . No. 5519

s . 2 4 ( l ) (a).


Patients in hospital may be placed in cottage. No. 3721 s. 53; No. 4157 s . 2 ( l ) .

56. Any patient in any mental hospital other than a hospital for the criminal insane may subject to the obtaining the certificate in the last preceding section mentioned be placed in a cottage or other place, of separate accommodation for paying patients if the superintendent certifies that such patient is fit to be so placed without danger to the patient himself or to others.

Paying patients subject to same control &c as other patients. No. 3721 s. 54.

57. Save and except as to the right of a paying patient to the separate accommodation provided for paying patients, all paying patients shall be subject to the same periodical examination inspection and control discharge and recapture and to the other provisions of this Act as ordinary patients.

When payment not made patient maybe removed to hospital. No. 3721 s. 55; No. 4157 s.2(l), No. 4654 s.3(3).

58. In the event of the non-observance of any of the terms to be observed by the friends of a paying patient under the arrangement for the payment of the charges for such paying patient, the Public Trustee may by writing under his hand direct that such paying patient having ceased to be entitled to the separate accommodation of a paying patient shall be removed to any mental hospital other than a hospital for the criminal insane, and such patient shall be removed accordingly and shall be treated as an ordinary patient in such hospital.

Licence to keep a home for insane persons. No. 3721 s. 56; No. 4157 s.2(l). No. 4988 s. 14 (ft).

DIVISION 5. PRIVATE MENTAL HOMES.

59. The Minister may upon payment of such annual fee as the Governor in Council may prescribe and subject to such provisions and conditions as to the Governor in Council seem fit by writing under his hand grant to any person a licence to keep a home for the reception of one or more insane persons, and from time to time may renew or revoke such licence.

No person to take charge of insane person for profit unless authorized. "No. 3721 s. 57.

60. No person (unless he is a person who derives no profit from the charge, or a committee or person appointed by the court or otherwise authorized under this Act) shall receive to board or lodge in any house or take the charge or care of any person deemed to be insane, and every person offending against this provision shall be guilty of a misdemeanour.

Sections to apply to private mental homes. No. 3721 s. 58; No. 4157 s . 2 ( l ) , No. 5519 s. 24 (1) (a), No. 5923 s. 5 ( 4 ) .

61. Division two of this Part shall apply to each private mental home as though the words " private mental home" had been inserted in the said Division in lieu of the words " mental hospital " provided that if there is no secretary of any private mental home the licensee shall make the various entries and sign the various certificates required of the secretary in the said Division, and that all certificates and entries required of the superintendent shall be signed by the resident or visiting medical practitioner or some other medical practitioner approved by the Authority.


62. If any person licensed under this Division becomes incapable Transfer of licence. by reason of sickness or other sufficient cause of keeping the N o 3 7 2 i s 59;

private mental home or dies before the expiration of the licence f%ftF the Minister may by writing indorsed on such licence transfer NO. 4988 the said licence with all the privileges and obligations annexed thereto for the term then unexpired to such person as he may approve, and such transferred licence shall have the same effect as if granted to such person.

6 3 . ( 1 ) Every private mental home containing more than fifty Medical patients shall have at all times resident therein a medical super-practitioner not being the licensee and whose appointment shall an'^tai! be subject to the approval of the Authority. No. 3721 s. 60;

s.2'(l), (2) The licensee of such home may remove any such resident ^5519

medical practitioner and may subject to the approval of the NO. 5923 Authority appoint in his place some other resident medical s'5 (4 ' practitioner.

( 3 ) Every private mental home containing over twenty-five patients shall be visited daily by a medical practitioner not being the licensee. Every other private mental home shall be visited twice a week by a medical practitioner unless otherwise directed by the Authority. Every such medical practitioner shall be approved by the Authority.

(4) The licensee of any private mental home shall be the superintendent thereof.

( 5 ) No person shall be employed as secretary nurse or at tendant in any such private mental home until the Authority has expressed in writing its approval of such person.

(6) It shall be the duty of the superintendent of a private mental home to reside therein.

64. Where a licence for the reception and care of a single Licence for

insane person has been granted before or after the commencement ^,mee§atiem

of this Act to any person or persons nothing in this Division ^ / u , " save as to the revocation of such licence shall apply to such licence ^""jyss -.

• • • 1 t • • F . 1 • ment of tnis

unless named in the provisions and conditions of such licence. Act. No. 3721 s. 61.

65. ( 1 ) If the requirements of this Division are not complied Revocation

with as regards any private mental home the licence therefor may on the recommendation of the Authority be at any time revoked So. 4157 bv the Governor in Council. NO. 5519

8.24(1) (a) .

(2 ) N o such licence shall be revoked unless notice in writing Licence not

by the Authority of intention to revoke such licence has at least f°v ked seven clear days previously been left at the private mental home. StuS!'

of licence. No. 3721 s. 62;


Governor In Council may proclaim hospital for criminal insane. No. 3721 s. *3; No. 4157 8 . 2 ( 1 ) .

Superintendents secretaries and deputies for hospitals for criminal insane. No. 3721 s. 64; No. 5923 s. 5 (3) .

Division 2 of this Part to apply to hospitals for the criminal insane. No. 372t s. 65; No. 4157 s . 2 ( l ) . Prisoners becoming insane may be removed to hospital. No. 3721 s. 66; No. 4157 s.2(l). No. 5519 s.24(l) (.7).

Fifth Schedule.

Disposal of patients in hospitals for criminal insane on expiration of their sentence or becoming sane.

DIVISION 6. HOSPITALS FOR THE CRIMINAL INSANE.

66. The Governor in Council may by order published in the Government Gazette proclaim and order that any mental hospital or any part of such mental hospital or any other building named in such order shall be a hospital for the criminal insane, and the Governor in Council may in like manner at any time vary or revoke any such proclamation.

67. (1) On the recommendation of the Authority there may subject to this Act and the Public Service Act 1958 be appointed by the Governor in Council two persons (each of whom shall be a legally qualified medical practitioner) to be superintendent and deputy superintendent respectively and two persons to be secretary and deputy secretary respectively of each hospital for the criminal insane.

(2) The deputy superintendent shall act in the capacity of superintendent and the deputy secretary shall act in the capacity of secretary only during the absence from the hospital and at the direction of the superintendent or secretary (as the case may be).

68. Division two of this Part shall be deemed and taken to apply to hospitals for the criminal insane as though the words " hospital for the criminal insane " had been inserted in the said Division in lieu of the words " mental hospital".

69. (1) If any person while imprisoned or detained in any gaol or other place of confinement under any sentence, or under a charge of any offence, or for not finding bail for good behaviour or to keep the peace or to answer a criminal charge or in consequence of any summary conviction or order by any justice appears to be insane it shall be lawful for the Chief Secretary upon receipt of certificates in the form or to the effect of the Fifth Schedule from two medical practitioners to direct by duplicate order under his hand that such person shall be removed to some mental hospital or hospital for the criminal insane as the Chief Secretary thinks proper and appoints.

(2) Every person so removed whether before or after the commencement of this Act as one of the criminal insane shall be detained in some mental hospital or hospital for the criminal insane until it is certified by the Chief medical officer alone or by the superintendent of such hospital and some other medical practitioner that such person is not insane, whereupon the Chief Secretary shall if such person remains subject to be continued in custody issue his order in duplicate to the superintendent of such hospital directing that such person be removed to the gaol or other place whence he has been taken or to some other gaol or place of confinement to be dealt with according to law or if under sentence of death to undergo such sentence


or if such person does not remain subject to be continued in custody the Chief Secretary shall direct that he be discharged and he shall be discharged accordingly.

70. The time or any part of the time during which any person removed to any mental hospital or hospital for the criminal insane is detained therein shall not be deducted from his term of imprisonment unless the Chief medical officer or the superintendent of such hospital certifies that such deduction should be made.

Period during which prisoner confined in hospital for criminal insane not to be deducted from sentence. No. 3721 s. 67; No. 4157 s . 2 ( l ) , No. 5519 8 .24(1) (a ) .

Transfer of criminal insane. No. 3721 s. 68; No. 4157 s . 2 ( l ) .

71. (1) Where any person has been removed to any mental hospital or hospital for the criminal insane, the Chief Secretary may by order under his hand direct that such person may be transferred from either of such hospitals to some other hospital being either a mental hospital or a hospital for the criminal insane, and may from time to time by similar order vary such direction.

(2) No such person shall be transferred from any hospital for the criminal insane to any mental hospital unless the superintendent of such hospital for the criminal insane certifies that such person does not suffer from homicidal propensities or from insanity of such a kind as to render his detention in a hospital for the criminal insane desirable.

72. (1) Notwithstanding anything in sub-section (2) of section sixty-nine of this Act, where the Chief medical officer certifies that it is expedient in the circumstances so to do, the Chief Secretary may by order under his hand direct that any person removed under the said section sixty-nine or transferred under section seventy-one of this Act to any mental hospital or hospital for the criminal insane shall be permitted to be absent from such mental hospital or hospital for the criminal insane upon trial leave or upon parole for such period and subject to such conditions as the Chief Secretary thinks fit.

(2) The Chief Secretary may from time to time, without requiring the return of such person to a mental hospital or hospital for the criminal insane, renew the period of leave and may at any time rescind his order and require the return forthwith of such person to the mental hospital or hospital for the criminal insane.

73. Where any patient detained in a mental hospital has been Patient at any time previously detained as one of the criminal insane, if detained'fn the Chief medical officer or the superintendent of the hospital criminal5 for

in which such patient is detained certifies that he is dangerous lnsane-or violent and recommends that he be transferred to a hospital NO! 4157 *'69:

for the criminal insane the Chief Secretary may by order under N0.55V9 his hand direct the transfer of such patient to such hospital. s-24(1)(fl'-The Chief Secretary may by order under his hand at any time transfer such patient back to a mental hospital.

Provision for trial leave &c. in the case of certain insane prisoners removed &c. to mental hospitals or hospitals for the criminal insane. No. 4157 8. 7; No. 5519 s.24(l) (a), No. 5602 3.2.


Escaped patient may be recaptured. No. 3721 s. 70; No. 4157 s.2(l), No. 4988 s. 14 (6), No. 5519 S.24U) (o).

74. Notwithstanding anything in this Act any patient who escapes while being removed or transferred or detained under this Division may be retaken at any time by any officer of the Mental Hygiene Branch or by any member of the police force, or by any person assisting such persons or by any other person authorized in that behalf by the Chief medical officer or any superintendent, and shall be conveyed to and received and detained in such hospital into which he is to be received or in which he may have been last detained.

Penalties tor 7 5 . Every person assisting such patient as aforesaid to escape or or knowingly harboring such patient when he has escaped shall be NO'^WITTI. g ^ y °f a misdemeanour.

Definition of " hospital" in this Division. No. 3721 s. 72; No. 4157 s .2 ( l ) .

Mechanical means of restraint and seclusion. No. 3721 s. 73; No. 4157 s.2(l). No. 5519 s.24(l) (a).

DIVISION 7. TREATMENT AND INSPECTION OF PATIENTS AND INSPECTION OF BUILDINGS.

76. In this Division the word " hospital " means mental hospital, receiving house, private mental home and hospital for the criminal insane.

Mechanical Restraint and Seclusion.

77. (1) Mechanical means of bodily restraint or seclusion shall not be applied to any patient in any hospital unless the restraint or seclusion is necessary for purposes of surgical or medical treatment, or to prevent the patient from injuring himself or others, or persistently destroying property. Such restraint or seclusion shall not be applied in any case without the authority of the superintendent or medical officer of the hospital.

(2) In every case where such restraint or seclusion is applied a medical certificate shall as soon as it can be obtained be signed describing the mechanical means or seclusion used and stating the grounds upon which the certificate is founded.

(3) The certificate shall be signed in the case of a patient— (a) in a mental hospital hospital for the criminal insane or

receiving house by the superintendent thereof; (b) in a private mental home by the medical attendant.

(4) A full record of every case of restraint by mechanical means or seclusion shall be kept from day to day; and a copy of the records and certificates under this section shall be sent to the Authority at the end of every month.

(5) In the case of a mental hospital hospital for the criminal insane or receiving house the record to be kept under this section shall be kept by the superintendent and the copies of records


and certificates to be sent shall be sent by the secretary to the Authority. In the case of a private mental home the record shall be kept by the licensee and the copies of the records and certificates shall be sent by him to the Authority.

(6) In the application of this section " mechanical means " shall be such instruments and appliances as the Authority may, by regulations to be made from time to time determine, and " seclusion " shall also be defined by such regulations.

(7) A full record of every case where drugs are used as a method of restraint shall be kept from day to day.

(8) Every person who wilfully acts in contravention of this section shall be liable to a penalty of not more than One hundred pounds or to imprisonment with or without hard labour for a term of not more than six months.

Inspection of Patients and Mental Hospitals.

78. (1 ) The Governor in Council may appoint a panel of pijn?ls1of

oflicial visitors for each mental hospital (not being a private mental wsito'rs for h o m e ) . hospitals.

No. 3721 s. "M; (2) Where there is associated with any such mental hospital a NO. 55193.22.

receiving house or ward or a hospital for the criminal insane the appointment of a panel of official visitors for such mental hospital shall be deemed to include appointment for the receiving house or ward or hospital for the criminal insane associated therewith.

(3) Every such panel of official visitors shall consist of six persons of whom—

(a) one shall be a legally qualified medical practitioner; (b) one shall be a practising barrister or solicitor; (c) one shall be a woman; (d) one shall be appointed as representing voluntary

organizations working for the sick or mentally sick in the neighbourhood of the hospital.

(4) If it is impracticable to appoint any of the qualified persons referred to in the last preceding sub-section the Governor in Council may appoint some other person in his stead.

(5) The Governor in Council may appoint a panel of not less than three justices to be official visitors for private mental homes.

(6) A person shall not be appointed to any panel of official visitors for any such hospital or for private mental homes—

(a) if he holds any appointment or employment (other •than as official visitor) in the Mental Hygiene Branch;


(6) if he has any financial interest in any private mental home or is concerned directly in any contract with the Mental Hygiene Branch or any institution of the Mental Hygiene Branch;

(c) if (in the case of appointment for any such hospital) he resides more than twenty-five miles distant from the hospital.

(7) The Governor in Council may at any time remove any official visitor from his office and (where practicable) appoint a person having the appropriate qualification in his place.

(8) Every member of the Authority and every member of the Advisory Committee of the Authority shall ex officio be deemed to be an official visitor for every hospital and shall have and may exercise all the powers conferred, but shall not be required to perform the duties imposed, on official visitors by this Act.

(9) Official visitors shall be entitled to be paid such fees and travelling expenses as are prescribed.

Official visitor not to hold inquest or inquiry into death of patient No. 3721 a. 75. Provisions as to visits to hospitals. No. 3721 s. 76; No. 4157 s . 2 ( l ) . No. 4988 s. 14 (6 ) , No. 5519 s. 24 (1 ) 'a).

79. No official visitor shall hold any inquest or inquiry as a justice into the death of any patient.

80. (1) Every hospital shall without any previous notice as often as the Chief medical officer or an official visitor thinks fit, and at least once in every three months, be visited by the Chief medical officer and each official visitor: Provided that no official visitor shall so visit any private mental home in which he is attending any patient in his capacity as a medical practitioner.

(2) Every such visit shall be made on such day or days and at such hours of the day or night and for such length of time as the Chief medical officer or the official visitor thinks fit, and also at such times (if any) as the Minister directs.

(3) The Chief medical officer or official visitor when visiting any hospital shall as far as practicable inspect every part of the same and every outhouse place and building communicating therewith or detached therefrom and every part of the ground or appurtenances held used and occupied therewith.

(4) He shall also see every patient detained therein, and inquire whether any patient is under restraint or in seclusion and if so why, and shall inspect the order and certificates for the reception of every patient who has been received into such hospital since the last visit of the Chief medical officer and official visitor thereto.

(5) He shall enter in the "Visitors' Book" hereinafter mentioned of such hospital a minute of the condition of the hospital and of the patients therein and the number of patients under


restraint or in seclusion with the reasons therefor as stated, and shall specify in such book any irregularity in any such order or certificates as aforesaid.

(6) He shall also inquire whether the latest dated suggestions of the Chief medical officer or official visitor have or have not been attended to, and shall record any observation which he deems proper as to any of the matters aforesaid or otherwise.

(7) If such visit is the first after the granting of a licence to a private mental home he shall examine such licence, and shall state whether or not the same is in conformity with the provisions of this Act.

81 . The superintendent of every hospital shall show to the super-Chief medical officer or official visitor visiting the same every part show every

thereof and every person detained therein; and every such ev«yapatisnt superintendent and every officer therein who in any manner impedes { dic'lf the Chief medical officer or an official visitor in his inspection and °^ r

r .a n d

inquiry into any of the matters as to which he is by this Act NO. 3721s. 77: authorized to inquire shall be guilty of a misdemeanour. ?245a)9(a).

82. (1 ) The Chief medical officer or official visitor on his Inquiries to

several visits to a hospital shall inquire— No^'-ms 78-as to the care treatment and mental and bodily health of the N2'45u? (0>.'

patients therein; as to the arrangements for their maintenance and comfort; at what times divine service is performed; as to the number of the patients attending such service and

the apparent effect thereof; what occupations or amusements are provided for the

patients and the result thereof; whether there has been adopted any system of coercion or

non-coercion and if so the result thereof; the classification and the dietary of the patients, and shall

also make such other inquiries as to such Chief medical officer or official visitor shall seem expedient.

( 2 ) Every superintendent of a hospital who does not give full and true answers to the best of his knowledge to all questions which the Chief medical officer or official visitor asks in reference to the matters aforesaid shall be guilty of a misdemeanour.

83. Upon every visit of the Chief medical officer or official Books and visitor to any hospital there shall be laid before him by the be produced, superintendent thereof— No. 3721 s. •»•.

r No. 4157 a list of all the patients in such hospital distinguishing N^VI'S

males from females and specifying such as are deemed " ^ CD f». curable;


the several books required to be kept; all orders and certificates relating to patients since the

last visit of the Chief medical officer or official visitor; in the case of a private mental home the licence then in

force for such home; also such other orders certificates documents and papers relating

to any of the patients at any time received into such hospital as the Chief medical officer or official visitor may require and the Chief medical officer or official visitor shall sign the said books as having been produced to him.

Reports of official visitors. No. 3721 s. 80; No. 4988 s. 14 (b).

" Visitors' Book." No. 3721 s. 81; No. 4157 8.2(1), No. 5519 8.24(1) (a).

84. The official visitors shall report to the Minister at such times and in such a manner as he directs.

85. There shall be hung up in some conspicuous part of every private mental home a plan thereof and there shall be kept in every hospital a copy of this Act bound up in a book to be called the " Visitors' Book," and the Chief medical officer or official visitor shall at the time of his visits enter therein the result of his or their inspection and inquiries hereinbefore directed or authorized to be made with such observations as he thinks proper.

" Patients' Book." No. 3721 s. 82; No. 5519 8 .24(1) (a) .

86. There shall be kept in every hospital a book to be called the " Patients' Book," and the Chief medical officer or official visitor shall enter therein such observations as he thinks fit respecting the state of mind or body of any patient in such hospital.

Chief Medical officer may give orders of admission to see any patient. No. 3721 s. 83; No. 5519 S . 2 4 ( l ) (a) .

87. The Chief medical officer may give an order in writing for the admission to any patient detained in any hospital of any person on such condition as the Chief medical officer thinks fit and if the superintendent of such hospital in any way prevents the admission of such person to such patient on the production of the order he shall for such prevention be liable to a penalty of not more than Twenty pounds.

Letters of patients to be forwarded or be laid before Chief medical officer or visitor. No. 3721 s. 84; No. 5519 s. 24 (1) (o) .

88. (1) Every letter written by a patient in any hospital and addressed to the Governor or any responsible Minister of the Crown, Judge of the Court, the Authority or any member thereof, the Chief medical officer or official visitor shall be forwarded unopened.

(2) Every letter written by any such patient and addressed to any other person shall be duly forwarded unless the superintendent of such hospital or in the case of a single patient the


person having charge of him, prohibits the forwarding of such letter by indorsement to that effect under his hand on the letter in which case he shall lay the letter before the Chief medical officer or the official visitor on his next visit to such hospital or house where such single patient is kept.

(3) Every superintendent of a hospital failing so to forward such letters, or to lay before such Chief medical officer or official visitor any unforwarded letter or being privy to the detention of any letter contrary to the provisions of this section shall be guilty of an offence and shall be liable to a penalty of not more than Twenty pounds and every person detaining any letter contrary to the provisions of this section shall be guilty of an offence and shall for each offence be liable to a penalty of not more than Twenty pounds.

Powers as to Witnesses.

89. (1) It shall be lawful for the Chief medical officer or when visiting any hospital any official visitor to require, by summons under his hand according to the form in the Twenty-first Schedule, any person to appear before him to testify on oath the truth touching any of the matters respecting which the Chief medical officer or official visitor is by this Act authorized to inquire (which oath the Chief medical officer or official visitor is hereby empowered to administer).

(2) Every person who does not appear before the Chief medical officer or official visitor pursuant to such summons, or does not assign some reasonable excuse for not so appearing, or appears and refuses to be sworn or examined shall for every such neglect or refusal be liable to a penalty of not more than Fifty pounds.

(3) The Chief medical officer or any official visitor may examine on oath any person appearing before him as a witness or present at the time of any such inquiry touching any of the matters aforesaid, although no such summons as aforesaid has been served upon him.

Power to Chief medical officer and official visitor to summon witnesses also to examine persons not summoned. No. 3721 s. 85; No. 5519 s.24(l) (a). Twenty-first Schedule.

Court Visitor.

90. Any judge of the court may direct the Chief medical officer Court may or any official visitor or other fit person to visit any patient p rron^b? detained in any hospital and to make a report in writing to such !isit™. judge of the mental and bodily state of such patient and such N°! 5519 s' ' official visitor or other person shall be paid such remuneration s-24(1)(o)-as such judge may oertify and the Authority shall pay such sum accordingly unless the said sum can be paid out of the estate of the person visited.


Power to appoint pathologist. No. 3721 s. 87; No. 4157 s. 8, No. 5519 s.24(l) (a).

Pathologist.

91. (1) The Governor in Council may subject to this Act appoint a medical practitioner as pathologist to the hospitals situated within twenty miles of the Post Office at the corner of Elizabeth and Bourke streets, Melbourne.

(2) Such medical practitioner shall be a person experienced in the theory and practice of psychiatry and pathology.

(3) Every medical practitioner appointed as aforesaid shall make such pathological examinations (bacteriological chemical and microscopical) as opportunity may afford and shall furnish quarterly reports giving the result of such examinations to the Chief medical officer.

(4) Whenever a patient dies in any such hospital and the coroner directs an inquest or inquiry to be held, such medical practitioner shall without payment other than such salary make the necessary autopsy and give evidence at the inquest or inquiry.

(5) Where any such medical practitioner becomes unable through illness or otherwise to act as aforesaid the coroner may direct some other medical practitioner to perform such autopsy and give evidence at the inquest or inquiry.

Periodical examination of patients in hospitals and private mental homes. No. 3721 s. 88; No. 4157 s.2(l). No. 5519 8.24(1) (a).

All patients in hospitals &c. to be examined once at least in every twelve months during first three years and subsequently every five years.

DIVISION 8. ANNUAL EXAMINATION.

92. (1) With the exception of persons who under any law whether in force at the time of the commencement of this Act or at any time thereafter have been ordered to be kept in safe custody during the pleasure of the Governor(o) no person shall be detained in any mental hospital or private mental home or be boarded out as an insane person therefrom without a fresh examination from time to time as hereinafter provided.

(2) Every such patient as aforesaid during his detention as a patient in any mental hospital or private mental home or whilst boarded out shall be examined once every year during the first three years and subsequently once every five years by the superintendent of such hospital or in the case of such private mental home by the Government Medical Officer as to the sanity or insanity and the general health of such patient and such superintendent or Government Medical Officer shall certify the result of such examination to the Chief medical officer within such time and in such form as the Chief medical officer from time to time directs.

(3 ) For the purpose of this section the period or periods during which a patient has been detained in any one or more of the mental hospitals shall be counted in determining the duration of his detention.

(a) See Crimes Act 1958, sections 393 and 420.


93. The Chief medical officer may direct any medical practitioner in the Mental Hygiene Branch to carry out the duties of the superintendent as set out in this Division.

94. The provisions of the last two preceding sections shall be deemed to be cumulative, and shall in no degree interfere with or lessen the powers or affect the provisions of this Part.

Carrying out of superintendent's duties. No. 3721 s. 89; No/4157 8.2(1), No. 4988 s. 14 (6), No. 5519 s. 24 (1) (a). The two preceding sections to be cumulative. No. 3721 s. 9a

DIVISION 9. TRANSFER AND TRIAL LEAVE OF PATIENTS.

95. This Division shall not apply to the criminal insane. Division not to apply to criminal insane. No. 4157 s .9 ( l ) . Power of Chief medical officer to order transfer of patient from mental hospital to

Erivate mental ome and

vice versa and from one mental hospital to another and from one

Srivaie mental ome to

another. No. 3721 s. 91; No. 4157 s.2(l), No. 5519 8.24(1) (a).

96. (1) The Chief medical officer may by duplicate order in writing under his hand addressed to and left with the superintendent of each mental hospital or private mental home concerned direct the transfer of a patient—

(a) from any mental hospital to any other such hospital or to any private mental home; or

(b) from any private mental home to any other private mental home or to any mental hospital.

(2) Such order shall be a sufficient authority for the transfer of such patient and for his reception into the hospital or private mental home to which he is ordered to be transferred.

(3) In every such case the patient shall be placed under the control of an attendant belonging to a hospital or private mental home concerned and shall remain under such control until his transfer is duly effected.

(4) In no case shall a patient under the powers conferred by Request this section be transferred— elcepfirfcase

i • , of transfer

(a) from a mental hospital to a private mental home; or Jj0™^08

(b) from a private mental home to any other private mental 5SStell.to

home or to a mental hospital— except upon a request in writing addressed to the Chief medical officer and—

(c) signed by the person who signed the request on which the patient was in the first instance received into any mental hospital or private mental home or who made the last payment on behalf of such patient: or


No patient to be transferred unfit. No. 3721 s. 92; No. 4157 s.2(l), No. 5519 s.24(l) (o).

Superintendent with consent of the Chief medical officer may send a patient to any place for his health. No. 3721 s. 93; No. 4157 s .2 ( l ) , No. 5519 S. 24 (1) (a), No. 5923 SS.3 (2), 4 (2).

Absence on trial or parole.

(d) in case of the death or incapacity of such persons signed by the husband or wife of the patient; or the father if there is no husband or wife; or the mother if there is no father; or any of the next of kin if there is no mother:

Provided that if there is no person capable and willing under this section to sign such request the Chief medical officer may make the order for transfer without such request.

97. (1) Notwithstanding anything contained in the last preceding section no patient shall be transferred from any mental hospital or private mental home if the superintendent thereof certifies that he is unfit to be transferred unless the Chief medical officer on receipt of such certificate directs that the patient be transferred.

(2) If any such patient is not transferred the Chief medical officer shall cancel the order directing the transfer.

98. (1) The superintendent of any mental hospital or of any private mental home or receiving house or receiving ward may with the consent in writing of the Chief medical officer send or take under proper control any patient to any specified place for any definite time for the benefit of his health, and also permit any patient to be absent from any such hospital or private mental home or receiving house or receiving ward upon trial leave or upon parole for such period as is though! fit and may from time to time without the return of such patient renew such leave or parole.

(2) Before giving such consent the Chief medical officer may require the approval in writing of the person who signed the request for the reception of such patient or of the person by whom the last payment on account of such patient has been made.

(3) The Chief medical officer may of his own authority permit any patient to be absent from any mental hospital or private mental home or receiving house or receiving ward upon trial leave or upon parole for such period as he thinks fit.

(4) Any patient absent under the provisions of this section may be returned to the hospital or private mental home or receiving house or receiving ward before the expiration of the trial leave or parole and be received therein or, in the case of trial leave or parole from a mental hospital, on the direction in writing of the Chief medical officer may first be received and detained for a period of not more than seven days in some convenient mental hospital before being returned and received as aforesaid.

(5 ) Subject to this Act the superintendent or the Chief medical officer (as the case may be) may rescind his permission under this section and require the return forthwith of such patient to the hospital or private mental home or receiving house or receiving ward.


99. (1) No patient absent upon trial leave or upon parole or who has escaped from detention, shall be returned or recaptured after the expiration of three months from the date of expiration of trial leave breach of parole or escape. The name of such patient shall be entered as discharged unless the Chief medical officer gives a written direction to the contrary, provided always that the Chief medical officer may at any time withdraw such direction.

(2) No such patient shall be again received into any mental hospital or private mental home or receiving house or receiving ward except in accordance with the provisions of this Act relating to the reception of insane persons.

Absent or escaped patient not to be retaken after three months. No. 3721 s. 94; No. 4157 s . 2 ( l ) . No. 5519 8.24(1) ( a ) . No. 5923 8 . 4 ( 2 ) .

DIVISION 10. REMOVAL OF PATIENTS FROM VICTORIA.

100. (1) If it is made to appear to the court or to a judge thereof that any patient has relatives or friends in any place beyond Victoria who are willing to undertake the care and charge of such patient and that such patient is not likely to recover his sanity within a short period (such court or judge to determine with such assistance as it or he thinks fit what in the circumstances is to be the short period) and that it would be for his benefit if he were to be removed to such place it shall be lawful for such court or judge) to declare that such patient may be removed from Victoria.

(2) Such court or judge may make such further or other order authorizing or directing his removal and touching his safe custody and maintenance as to such court or judge seems fit and proper.

(3) Such court or judge may order that security shall be given for the safe custody and maintenance of such patient in any place beyond Victoria.

(4) No order shall be made for the removal of any such patient until after fourteen days' notice of the intention to apply for such an order has been given to the superintendent or the licensee of the hospital or private mental home in which such patient is confined, or to the person in whose care or custody such patient is unless such superintendent licensee or person is himself the person applying for such an order.

Patients may be taken out of Victoria by order of the court. No. 3721 8. 95; No. 4157 &s. 2 ( 1 ) , 9 (2) .

DIVISION 11 . BOARDING OUT OF PATIENTS.

101. (1) The Governor in Council may make regulations, which shall be published in the Government Gazette, for the boarding out of patients; such regulations shall provide that the same person shall not reoeive both male and female patients; such regulations shall prescribe together with such other matters (if any) which the Governor in Council considers necessary—

(a) The class or classes of persons with whom patients may be placed to reside and board;

VOL. VI.—5

Regulations for boarding out patients. No. 3721 s. 96; No. 4157 s.2(l). No. 5519 s. 24(1) (a).


Harmless patients may be boarded out. Twenty-second Schedule.

Patients boarded out to be liable to recapture &c. until discharge.

(b) The distance from some mental hospital within which any house in which a patient is to reside must be situate;

(c) The accommodation which every house in which any patient is to reside and board shall contain;

(d) The general dietary scale which must be provided for patients;

(e) The hours to be kept by patients in such houses; (/) The occupations to be permitted to be followed by

patients; (g) The degree of liberty and absence (if any) from place

of residence which may be allowed to patients; (h) The inspection to which all such houses shall be

subject; (i) The scale of payment to be made for patients.

(2) In cases in which the Chief medical officer or superintendent of any mental hospital certifies in the form or to the effect in the Twenty-second Schedule that any patient named in such certificate is harmless and is free from any symptoms which would indicate any tendency of a character dangerous either to the patient himself or to others, such patient may by an order of the Chief medical officer indorsed by him upon such certificate be committed to the care of the person named in such order to reside and board with such person in accordance with and subject to regulations herein authorized to be made by the Governor in Council for the boarding out of patients.

(3) Subject to the regulations hereinbefore provided patients who may be boarded out under the preceding sections of this Division shall until discharged be subject to examination inspection and recapture and to the other provisions of this Act as ordinary patients.

Patient to be discharged on direction of person who signed the request for his reception. No. 3721 s. 97; No. 4157 8.2(1), No. 5519 8.24(1) (a).

Provision for the discharge of a patient when the person who signed for his reception is incapable.

DIVISION 12.—DISCHARGE OF PATIENTS.

102. (1) When any person who signed the request on which any patient has been received into any hospital or private mental home or who made the last payment on behalf of any patient requests by writing under his hand that such patient shall be discharged, then such patient shall be discharged accordingly provided that the consent of the Chief medical officer to such discharge shall be necessary.

(2) Where any such person is dead or is incapable of giving such direction for the discharge of such patient then with the consent of the Chief medical officer the husband or wife of such patient, or the father if there is no husband or wife, or the mother if there is no father, or any one of the nearest of kin for the time being if there is no mother, or the person who made the last


payment on account of such patient, or the Chief medical officer in the event of the default or incapacity of any of the persons aforesaid, may direct in writing that such patient be discharged, and such patient shall be discharged accordingly.

103. (1) Whenever any patient has been allowed pursuant to on certificate this Act to be absent on trial leave or parole from any mental practitioner hospital or private mental home or receiving house or receiving on trial may ward the superintendent thereof may at any time upon the certificate £ di

3s£"8e

9dg'.

of a medical practitioner that such patient should no longer be No! 4157 treated under this Act as insane direct that such patient shall be N0.5V19 discharged, and such patient shall be discharged accordingly. No?5^(fl)'

8. 4 (2) .

(2) No such patient shall be so discharged before the expiration of the time for which he has been so allowed to be absent if the Chief medical officer has notified such superintendent that such discharge should not be granted.

104. (1) The Chief medical officer may of his own authority chief medical order the discharge of any patient detained in any mental hospital order discharge or private mental home or receiving house or receiving ward or N0

P3T2UI' »• allowed to be absent therefrom upon trial leave or parole or as a N^'4.1.57

boarded-out patient, and such patient shall be discharged No.551'9 accordingly. k2J&Mf

8.4(2). (2) When any official visitor or the superintendent of any Recom-

mental hospital or the medical attendant of any private mental discharge of home certifies in writing to the Chief medical officer that any anypat,ent-patient is detained therein without sufficient cause the Chief medical officer upon the receipt of such certificate may if he think fit order the discharge of such patient, and such patient shall be discharged accordingly.

(3) No official visitor shall sign such certificate without subject to previously conferring with the superintendent or medical attendant restrictions, (as ithe case may be) if the latter so desires nor without forwarding to the Chief medical officer the reasons (if any) of such superintendent or medical attendant for not ordering the discharge of such patient.

105. (1) No patient shall be discharged under any of the Provisions as powers hereinbefore contained in this Division from any mental of dangerous hospital or private mental home if the superintendent thereof ^nat'^' certifies that in his opinion such patient is from the state of his s.°'oo: mental or bodily health unfit to be discharged, and unless the ?.2ufl Authority thereupon directs that such patient be discharged the J?MS(5I'(«). discharge previously ordered shall be cancelled.

(2) Nothing in this section shall apply to any patient absent upon trial leave or upon parole.


Discharge of criminal insane by Governor. No. 3721 s. 101; No. 4157 s . 2 ( l ) .

106. Notwithstanding anything in this Act where any patient has been ordered under the Crimes Act 1958<a) or any corresponding previous enactment to be kept in safe custody during the pleasure of the Governor and is by virtue of such order detained in any mental hospital or hospital for the criminal insane such patient shall not be discharged except by the order of the Governor.

Discharge of patient on undertaking of a relative or friend. No. 3721 s. 102; No. 4157 s.2(l), No. 5519 8.24(1) (a).

107. Where application is made to the Chief medical officer by any relative or friend of a patient detained in any mental hospital or private mental home requiring that he be delivered over to the care and control of such relative or friend, the Chief medical officer may, if he think fit, upon the execution by such relative or friend of a bond to Her Majesty in the penalty of Fifty pounds conditioned that such patient shall be properly taken care of and shall be prevented from doing injury to himself or others, order that he be delivered over to such care and control and the name of such patient shall be entered as discharged.

A judge may order discharge Ac. of patient. No. 3721 s. 103: No. 4157 s . 2 ( l ) .

108. (1) If a judge of the court receives information upon oath or otherwise, or has reason or cause to suspect, that any person who is not insane is detained in any mental hospital or private mental home, such judge may order the superintendent thereof to bring such detained person before him for examination at a time to be specified in the order.

(2) If upon the examination of such detained patient and of such superintendent and of any medical or other witness (power to summon whom to testify in the matter of such examination is hereby given to such judge) it appears to such judge that such detained person is not insane, such judge may order that such detained person shall be immediately discharged from the care and control of such superintendent unless he is legally detained for some other cause.

Power of discharge not to extend to certain lunatics. No. 3721 8.104.

109. None of the powers of discharge contained in this Division shall extend to any person found lunatic by inquisition or under any inquiry directed by a judge under the provisions of this Act nor to any of the criminal insane.

Voluntary boarders. No. 3721 s. 105; No. 4157 s.2(l), No. 5519 s.24(l) (a).

DIVISION 1 3 . VOLUNTARY BOARDERS.

110. Notwithstanding anything in this Act— (1) Any person may subject to regulations made by the

Governor in Council be admitted and detained for care and treatment as a voluntary boarder in any mental hospital or receiving house or in any private mental home upon that person's making and signing a request in the prescribed form containing a

(a) See Crimes Act 1958, sections 393 and 420.


statement that he is aware that as a consequence of his so signing he is liable to be detained in such mental hospital receiving house or private mental home (as the case may be) for three days after any application in writing to be discharged has been received by the superintendent of such mental hospital or receiving house or the resident medical practitioner of or a medical practitioner regularly visiting such private mental home (as the case may be ) .

(2) (a) Before being so admitted into a mental hospital Request by

or receiving house such person shall make and desiring to sign a request and statement as aforesaid. voluntary

boarder. (b) Before being so admitted into a private mental home

such person shall make and sign such request and statement in the presence of a justice or a legally qualified medical practitioner (not being the resident medical practitioner of or a medical practitioner regularly visiting the private mental home); and the said justice or medical practitioner shall satisfy himself and certify that such person fully understands the nature and effect of the request and statement.

(3) Within twenty-four hours after any such admission the certificate superintendent of the hospital or receiving house Amission6 to or his deputy or in the case of a private mental |>

oec0h I ief a r d v ! < i

home the resident medical practitioner thereof (if {Jlg^y any) or if none then a medical practitioner regularly ?uper-

. . . . . . i n intendent of visiting the same shall— mental , s • -r- , . * hospital or

(a) sign a certificate in the prescribed form private mental setting forth his opinion of the case and any recommendation he desires to make; and

(b) forward to the Chief medical officer that certificate and a notice of the admission together with a copy of the request and statement of the person admitted and (save in the case of an admission to a private mental home) a statement of what provision (if any) has been made by or on behalf of the person admitted for his maintenance whilst he is a voluntary boarder.

(4) The Chief medical officer shall in his discretion make Powers of

an order concerning the person so admitted— offic'rmedical

(a) requiring him to be discharged forthwith; or (b) consenting to his further detention.


Restriction on admission of voluntary boarders.

Voluntary boarder to be produced to Chief medical officer or official visitor on his visits.

Voluntary boarder not deemed to be a lunatic Ac.

Provision in case of voluntary boarder becoming pronouncedly Insane &c.

(5) No person shall be reoeived as a voluntary boarder under this section if—

(a) in the case of a mental hospital or receiving house—the Chief medical officer or the superintendent; or

(b) in the case of a private mental home—the resident medical practitioner of or a medical practitioner regularly visiting the same—

is of opinion that the case is not a proper one for care and treatment under the provisions of this section.

(6) Every voluntary boarder detained in any mental hospital or receiving house or private mental home shall be produced to the Chief medical officer or to any official visitor on his visits.

(7) No person shall by reason only of his being a voluntary boarder and while he is a voluntary boarder be deemed to be a " lunatic " or a " lunatic patient" or a " patient " within the meaning of this Act.

(8) (a) If in the opinion of— (i) the Chief medical officer or the superintendent

in the case of any mental hospital or receiving house; or

(ii) any medical practitioner as aforesaid in the case of a private mental home—

a voluntary boarder becomes mentally unsound in a degree so pronounced and sustained as to render it improper for him to be treated as a voluntary boarder the superintendent or, in the case of a private mental home, the licensee shall communicate the fact in writing to some relative or friend (if any) of the voluntary boarder whose name shall be entered for the purpose in the prescribed register.

(b) If there is no such relative or friend or unless within seventy-two hours after the sending of such communication a request as provided in section thirty of this Act is made for the reception or an application is made to justices for an order for the reception and detention of the voluntary boarder as a patient in a mental hospital or a receiving house or a private mental home the superintendent or the licensee (as the case may be) shall himself make the request or application forthwith.


Discbarge of voluntary boarder.

(9) A voluntary boarder shall be discharged— (a) on an order of the Authority or of the Chief

medical officer in any case or of the superintendent in the case of a mental hospital or receiving house or of the resident medical practitioner of or a medical practitioner regularly visiting the same in the case of a private mental home; or

(b) on the application of the voluntary boarder in writing to such superintendent or medical practitioner (as the case may be) in which case it shall not be lawful to detain such voluntary boarder beyond three days exclusive of the day on which the application was received.

(10) The power to make regulations conferred upon the Regulations. Governor in Council by section one hundred and one of this Act shall extend and apply also to the making of any regulations necessary or expedient for giving effect to the purposes of this section.

PART IV.—COMMISSIONS DE LUNATICO INQUIRENDO AND INQUIRIES.

DIVISION 1. ISSUE OF COMMISSION AND PROCEEDINGS THEREON.

111. In lieu of the commission issued specially previously to General the first day of October One thousand eight hundred and sixty -Seven may biffssued in each case of alleged lunacy a general commission to the like Master?10

effect, with such variations as may be necessary or expedient, may NO. 3721 from time to time be issued in duplicate under the seal of the court NO.°5329 directed to the Master and his successors by virtue whereof the *•"(2)-

said court may in each case of alleged lunacy order the Master for the time being to proceed and he shall accordingly proceed to make inquiry concerning each such case in like manner and with all the like powers or authorities (subject to the provisions hereinafter contained) as if a commission had issued specially in such case; and every inquisition found and returned thereon shall be as valid and effectual to all intents and purposes as if the same had been found and returned on a separate commission, and the order for any such inquiry shall be obtained on petition to the court.

112. Where the alleged lunatic is within the jurisdiction of Alleged the court he shall have notice of the presentation of the petition jurisdiction to for inquiry, and may by a notice signed by him and attested by andemayice

his solicitor and filed with the Master either before the presentation jjjjjfjj7g$oie of the petition or within seven days after such notice has been ^J""^ had by him as aforesaid, or at or within such other time as the No. 3721

.107.


court orders in the particular case, demand an inquiry before a jury; and the petitioner in such petition may at the hearing thereof demand such inquiry.

113. (1) Where the alleged lunatic or the petitioner demands an inquiry before a jury the court shall in the order for inquiry direct the return of a jury at such time and place as such court by such order directs, unless it is satisfied in the case of the alleged lunatic by personal examination of him that he is not mentally competent to form and express a wish for inquiry before a jury, and in the case of the petitioner that such inquiry would be unnecessary or inexpedient; and the court may, where it deems it necessary after presentation of the petition for inquiry and for the purpose of personal examination, require the alleged lunatic to attend at such convenient time and place as it appoints.

(2) Where the court directs the return of a jury the proper officer of the court shall issue a jury precept and thereupon such and the like proceedings for procuring the return of such jury, and from amongst the same persons shall be had and taken as are now by any Act provided for the procuring the return of juries into the Supreme Court; and any form of precept or summons or otherwise prescribed in that behalf by any Schedule to such Act shall be used with such modification as the nature of the case required in the procuring the return of such jury.

114. Where the alleged lunatic does not demand an inquiry before a jury, or the court is satisfied by personal examination of him that he is not mentally competent to form and express a wish in that behalf, or it appears to the court upon the consideration of the evidence adduced before it on the petition for inquiry and of the circumstances of the case so far as they are before it to be unnecessary or inexpedient that the inquiry should be before a jury, and it accordingly does not in its order for inquiry direct the return of a jury, then the Master shall by virtue of his general commission and under such order for inquiry but without a jury personally examine the alleged lunatic, and take such evidence upon oath or otherwise and call for such information as he thinks fit or the court directs in order to ascertain whether or not the alleged lunatic is a lunatic and from what time he has been lunatic, and shall oertify his finding thereon.

115. Where the court in such circumstances as hereinbefore mentioned shall not in its order for inquiry direct the return of a jury, but the Master acting in the inquiry or under the commission upon consideration of the evidence before him certifies to such court that in his opinion an inquiry before a jury is expedient, he shall without further order issue his precept to the sheriff for

Where alleged lunatic demands a jury court may examine him as to competency and order a jury.

No. 3721 8.108.

Cases where a jury may be dispensed with. No. 3721 s.109.

Jury to be had if Mastei certifies that it is expedient. No. 3721 s. 110.


the return of such jury at such time and place as he directs, and shall proceed in like manner in all respects, and the proceedings thereupon shall be as valid and effectual to all intents and purposes as if the court had directed the return of a jury in the first instance; and upon the issuing of such precept such and the like proceedings shall be had for the return of such jury as are hereinbefore provided for the return of juries by the direction of the court.

116. Upon the hearing of any petition for inquiry it shall be Demand of lawful for the alleged lunatic by himself his counsel or solicitor, SSJy

J.iryby

orally or by petition addressed to the court, to demand an inquiry NO,'721

by a jury, and such demand shall have the same effect as if made by him at the time and in the manner hereinbefore in that behalf provided for.

117. Upon such hearing the alleged lunatic may by himself Demand of his counsel or solicitor, orally or by petition as aforesaid, withdraw Jury may'be any notice of demanding an inquiry by a jury previously filed J?*—!™" by him. 8.°'i2.

118. Where the alleged lunatic is not within the jurisdiction jury to be had of the court the inquiry shall be before a jury, and no further or LViSirflcttoa other notice shall be necessary to be given to him than he would N0.3721 have been entitled to receive if this Act had not been passed. s'113'

119. Whenever a jury is required under this Act the number jury to be of of the jury shall be six unless a judge of the court orders a jury /.ôrders of twelve, and the Juries Act 1958 shall apply in all cases to such ,welve-juries. ft.!721

120. The inquiry whether with or without a jury shall as far Inquiry not to as relates to the state of mind of the alleged lunatic be confined blckTx'cept to the question whether or not the alleged lunatic is of unsound ™$g*pecial

mind and incapable of managing himself or his affairs at the time NO. 3721 of the inquiry, except where the court in special circumstances s'115" directs that there be also an inquiry from what time the alleged lunatic has been of unsound mind and incapable of managing himself or his affairs, or directs that there be also an inquiry whether or not the alleged lunatic was of unsound mind and incapable of managing himself and his affairs at a previous time specified and thenceforth down to the time of the inquiry; and unless the court otherwise directs no evidence as to anything done 6r said by such alleged lunatic or as to his demeanour or state of mind at any time, being more than two years before the time of the inquiry, shall be receivable in proof of insanity on any such inquiry or on the trial of any traverse of an inquisition.


Nothing to preclude the court from issuing a special commission directed to the Master or another person and the commission maybe directed to fewer than three persons. No. 3721 s. 116.

121. Nothing in this Act contained shall be taken to preclude the court from issuing either on any such petition as aforesaid or on a petition presented for the purpose, a commission in the nature of a writ de lunatico inquirendo specially in any case of alleged lunacy, and every such commission shall (subject to the provisions herein contained) be directed to the Master and may be varied in form from that now in use in such manner as to the court seems necessary or expedient; and such court may issue any such commission directed to any fit person or persons in addition to or in lieu of the Master if it upon any occasion deems it proper so to do, and any such commission directed to one person or to two persons and the inquisition returned thereon shall be as valid and effectual to all intents and purposes as if directed to and returned by more than two persons and the foregoing provisions as to inquiries before a jury and otherwise shall be deemed to extend to every commission so issued specially or so directed as aforesaid and to the petition therefor so far as they are applicable.

Commissioner with jury to have powers of judge. No. 3721 s. 117.

Inquiries before a jury to be made by means of an Issue. No. 3721 s. 118.

122. The person executing an inquiry with a jury shall while so employed have all the like powers authorities and discretion as a judge of the court.

123. Whenever the court orders an inquiry before a jury it may direot an issue to be tried before a judge of the court, and the question in such issue shall be whether the alleged insane person is of unsound mind and incapable of managing himself or his affairs; and the provisions aforesaid with respect to commissions of lunacy and orders for inquiry by a jury and the trial thereof and the constitution of the jury shall as far as applicable apply to any issue to be directed as aforesaid and the trial thereof and subject thereto such issue and the trial thereof shall be regulated by any law now or hereafter in force relating to the trial of issues directed by any court of law or equity to be tried; and the verdict upon any such issue finding the alleged insane person to be of unsound mind and incapable of managing himself or his affairs, or on the contrary of sound mind and capable of managing himself or his affairs, shall have the same force to all intents and purposes as an inquisition under a commission of lunacy returned into the court.

Examination of the alleged lunatic on the holding of the inquisition. No. 3721 s. 119.

124. On the trial of every such issue as last aforesaid the alleged insane person shall if he be within the jurisdiction of the court be examined before the taking of the evidence shall be commenced and at the close of the proceedings before the jury consult as to their verdict, unless the presiding judge otherwise directs; and such examinations of the alleged insane person shall take place either in open court or in private as such judge directs.


125. Where in any Act order or rule of the court or instrument whatsoever reference is made to a commission of lunacy or in the nature of a writ de lunatico inquirendo or the inquisition thereon, the general commission and the special commission hereby authorized to be issued, and such inquisition or certificate operating as an inquisition as is hereby authorized to be made and returned, or such issue as is hereby authorized to be directed and the verdict thereon operating as an inquisition, shall be deemed to be intended by or comprehended in such reference.

Reference in other Acts to commission shall apply to general commission authorized to be issued.

No. 3721 s. 120.

DIVISION 2. TRAVERSE OF INQUISITIONS. 126. Any person desiring to traverse an inquisition may within Petitions™

three months next after the day of the return of the inquisition palmed0 ^ present a petition for liberty to traverse the same to the court, un t' ume. which is hereby required to hear and determine the matter of the N0.3721 petition, and shall in its order upon it for a traverse limit a time "•n u

not exceeding six months from the date of the order within which the person desiring to traverse and all other proper parties are to proceed to trial of the traverse; and such court may by the same or any other order direct the mode of such trial and before whom the same shall be held, and may order that the person desiring to traverse not being the person the object of the inquisition shall within the three weeks next after the date of the order give sufficient security to and to the satisfaction of the Master for all proper parties proceeding to trial within the time to be limited as aforesaid.

127. Every person having right to traverse who does not within Persons not the time hereinbefore limited present his petition for that purpose, proceeding °o or who refuses or neglects to give such security as aforesaid, or {[mite umo who does not proceed to trial within the time to be limited as barred. aforesaid, and his next of kin executors and administrators and £°-22.721

all others claiming by through or under him, shall be absolutely barred of his and their right of traverse, unless the court in the special circumstances of any particular case thinks fit upon petition for that purpose to allow the traverse to be had or tried after the time by this Act limited, in all which special cases the court may make such orders as to it seem just.

128. If the court is dissatisfied with the verdict returned upon The court a traverse it may order one or more new trial or trials thereon as ^wuiaif. to it seems meet and as is usual in cases of issues directed by the NO. 3721 court, but no person shall be permitted to traverse oftener than s123 ' once.

129. The court and the Master may from time to time after The court may

the return of the inquisition, and notwithstanding a petition or ?r°at7eirse3tm e18

order depending relative to a traverse thereof or the pendency of mrangem°mof

a new trial or new inquiry upon a petition therefor as provided £st™t°n and

for by the next succeeding section, make such orders and do such NO. 3721 s. 124.


acts relative to the custody and commitment of the person and the commitment management and application of the estates and effects of the person the object of the inquisition as it or he thinks necessary or proper, inclusive of the imposition and levying a percentage as hereinafter provided.

All things done by any person appointed committee of the person or estate or by any other person shall be as valid and effectual, and all committees and other persons respectively and their respective real and personal representatives are hereby indemnified in respect of all such things as aforesaid from and against all actions suits and proceedings damages costs charges and expenses to be brought commenced had or recovered by the person the objeot of the inquisition his executors or administrators or any other person whomsoever, as fully and effectually as if the inquisition had not been traversable, but not further or otherwise.

No traverse of inquisition found on oath of a jury but new trial may be granted. No. 3721 s. 125.

130. No person shall be entitled to a traverse of any inquisition made upon the oath of a jury under any order for inquiry before a jury; but it shall be lawful for the court if it thinks fit upon a petition being presented to it within three months next after the trial or new or other trial of the issue before a jury to order that a new or other trial shall be had of such issue or a new or other inquiry made as to the sanity of the person the object of the previous trial or inquiry, subject to such directions and upon such conditions as to the said court seem proper.

Inquisition may be superseded after traverse upon terms. No. 3721 s. 126.

DIVISION 3 . SUPERSEDEAS OF INQUISITIONS.

131. Where any person has been found lunatic by inquisition but the question of lunacy is disputed, and liberty to traverse or a new or other trial of an issue has been applied for and whether granted or not, and it appears to the court to be for the lunatic's benefit and also to be expedient that the inquisition should be superseded on terms and conditions and subject to an arrangement respecting the lunatic's estate, the court may upon the consent of the lunatic and of the person entitled or claiming to traverse or to obtain the new or other trial and of such other persons (if any) whose consent it deems necessary, order the inquisition to be superseded on such terms and conditions to be fulfilled by the lunatic or such other person and subject to such arrangement respecting the lunatic's estate as it in the circumstances of the case thinks proper; and may by the same or any other order direct the lunatic and any other persons being consenting parties to the arrangement to execute make and do before or after the issuing of the writ of supersedeas, and he and they shall accordingly execute make and do all such conveyances transfers and things as to the court seem necessary or proper for or for securing the fulfilment of such terms and conditions and the completion of

1958. Mental Hygiene. No. 6314 Ul

conditions. No. 3721

such arrangement as aforesaid, and generally may make such orders as to it may seem proper for effectuating this present provision; and all conveyances transfers and things executed made and done under any such order of the court either before or after the issuing of the writ of supersedeas shall be as valid and binding to all intents and upon all persons whomsoever as if the lunatic had not been found or had not been of unsound mind, but not further or otherwise.

132. If in any case where a supersedeas is applied for it appears inqukition to the court that it is not expedient or for the benefit of the lunatic superseded on

that the inquisition should be unconditionally superseded, but that the same should be superseded on terms and conditions, it 8.I27.' may upon the consent of the lunatic and such other persons (if any) whose consent it deems necessary order the inquisition to be superseded upon such terms and conditions as it thinks proper; and all the provisions hereinbefore contained in relation to the superseding of the inquisition in cases where a traverse has been applied for, and to the proceedings for the fulfilling of such terms and conditions, shall apply to all cases in which the inquisition is superseded upon terms and conditions under the provisions in this section contained.

DIVISION 4 . — C O S T S .

133. I t shall be lawful for the court to order the costs charges court may and expenses of and incidental to the presentation of any petition N O " ^ * " " for a commission in the nature of a writ de lunatico inquirendo, s. lis. or for any inquiry and of and incidental to the prosecution of any inquiry, of any inquisition issue traverse supersedeas or other proceeding consequent upon such commission of inquiry or order, to be paid either by the party or parties who have presented such petition or by the party or parties opposing such petition or out of the estate of the alleged lunatic, or partly in one way and partly in another, as the said court in each case thinks proper; and such order shall have the same force and effect as orders for the payment of money made by the court.

DIVISION 5. FOREIGN COMMISSIONS, ETC.

134. When the court is satisfied that any person has been found court may of unsound mind and incapable of managing himself and his affairs commissions

by any commission de lunatico inquirendo or other legal inquiry in 1nqu"r°ndo England Scotland or Ireland or in any part of Her Majesty's England dominions (other than Victoria) the court may direct a copy of ir

ceiand'or>in

the inquisition or finding on such commission or inquiry duly £,r{0*fesor certified by the proper officer of the court into which such inquisition dependencies. or finding has been returned to be filed of record in the court and s^n"21

may thereupon appoint the Master or any other person o r persons £°i5c??.


a committee of the insane person's estate or person or both and may give such orders in respect of the management of his estate or person not inconsistent with the provisions of this Act as it deems expedient and the committee so appointed shall have the same duties powers and liabilities as if he were the committee of a person declared insane under this Act.

Master of the Supreme Court. No. 3721 s. 131; No. 4654 s.3 (3), No. 5329 s. 11 (2).

PART V.—ADMINISTRATION AND MANAGEMENT OF THE ESTATES OF LUNATICS.

DIVISION 1. GENERAL POWERS AND DUTIES OF MASTER OF THE SUPREME COURT OF VICTORIA.

135= (1) The Master for the time being of the court shall, besides the powers authorities and duties otherwise vested in and imposed upon him as Master, have perform and execute all the powers authorities and duties hereby or under the authority hereof vested in and imposed upon him.

(2) Subject to and in accordance with the regulations of the Governor in Council and the general orders of the judges of the court herein mentioned and to any special order or direction of the court, the Master shall supervise and enforce the performance of the obligations and duties of all committees of lunatics heretofore appointed or hereinafter to be appointed.

(3) The estates of patients (other than lunatics so found) shall be cared for protected and managed pursuant to the provisions of the Public Trustee Act 1958.

Expenses incurred to be paid. No. 3721 s. 134; No. 4654 s.3 (3).

136. All expenses incurred by or on behalf of the State in the supervision of the management under this Act, of the estate of any lunatic may and shall, by the Master, be charged against and shall be paid out of and recoverable from such estate.

Percentage according to the scale herein specified to be paid. No. 3721 s. 135; No. 4654 s. 3 (3) .

137. In addition to such expenses, and to all payments for or on account of maintenance, there shall be charged a percentage at the rate of One per centum on the corpus and Two and one-half per centum on the income of all moneys collected by or coming under the control of the committee guardian or receiver of a lunatic or the Master (as the case may be) for or on behalf of such lunatic or his estate.

And in every case the fractional parts less than one moiety of the pound shall be disregarded in the calculation of the amount payable for percentage and shall not be levied or paid.

1958. Mental Hygiene. N a 6314 143

138. The amount of all such percentages shall be paid into Percentage to and form par t of the Consolidated Revenue of Victoria. Consolidated

Revenue. No. 3721 s. 136.

139. The Master shall at the times and in manner directed **Mterto by the regulations herein mentioned certify what is the amount payable and

of the percentage payable under the last two preceding sections be paid.

in respect of the estates of all or of any lunatics, and who is the N"-,-*?21

committee or other person who is to pay the same; and thereupon NO. 4«4 the Master or such committee or other person as aforesaid shall s3 (3 )-pay the same, and payment thereof may and shall be enforced by the court on the application of the Master.

140. The percentage aforesaid or a proper proportional part Percentage to thereof (as the case requires) shall be chargeable and charged wuiStan'dtag upon the estate of a lunatic and be payable thereout although before*0' before payment thereof he dies, or the inquisition (if any) in payment. his case is superseded or is vacated and discharged on a traverse; ^ u i j 2 1

but in either of the two cases last aforesaid the court may if it %%-ffi sees fit remit or reduce the amount of the sum to be paid, and the payment of the amount in every case shall be enforced in such manner and under such regulations as the Governor in Council from time to time directs.

141. The Governor in Council may by order from time to Power to

time reduce the several rates of percentage aforesaid or any percentage. of them, and again if it seems to him expedient from time to time NO. 3721 raise the same several rates or either of them, but not to rates s'139' higher than those respectively hereinbefore prescribed.

142. Where it is made to appear to the court that the net pOWerto amount or net estimated value of the property of a lunatic does p^ruS!"11

not exceed the sum of Fifty pounds in respect of the corpus N0.3721 thereof, or the sum of Five pounds per annum in respect of the No144654 income thereof, such court may order if it thinks fit that no s-3<3>-percentage be levied or paid in relation to the proceedings in the matter or the property as from the date of the order or such other time as such court directs during the continuance of the lunacy or until further order.

143. ( 1 ) The Master shall give such security for the due security to be performance of his duties as the Governor in Council from time $£££! to time requires. Noi"4i"1

No. 4654 s. 3 (3) , No. 4988 s. 14 (6 ) .

( 2 ) All expenses incurred with the authority of the court O r Expenses

of the Minister by the Master in carrying this Act into execution i S e I d by

and not chargeable to the estate of any lunatic together with the annual charge or premium for the security given by the Master,

1M 1958. Mental Hygiene. No. 6314

Accounts to be audited.

and the expenses (if any) of the review and audit next hereinafter mentioned shall be defrayed and paid out of such public moneys as may be appropriated for that purpose.

(3) The general accounts of the Master shall be reviewed and audited by or under the superintendence and direction of the Auditor-General in the manner provided and by virtue and in exercise of the powers conferred by any law now or hereinafter in force relating to the audit of the public accounts.

Master to have all necessary powers of inquiry. No. 3721 8.142.

144. The Master shall have power in the execution of his powers duties and authorities, and also in the prosecution of all inquiries and matters which are referred to him under this Act, to summon persons before him and to administer oaths and take evidence either viva voce or on affidavit, and to require the production of books papers accounts and documents; and every person so summoned shall be bound to attend as required by the summons and give evidence before the Master in like manner as persons summoned before him in his equity jurisdiction are bound to attend and give evidence.

Evidence may be oral &c. No. 3721 s.144.

145. The Master may direct that the evidence in any matter or proceeding under this Act be taken orally or partly orally and partly by affidavit, and it shall be so taken accordingly. The Master may administer an oath to any witness whether the deposition or affidavit is to be used before himself or not, and recognisances may be taken and acknowledged before him.

Witnesses may be cross-examined orally. No. 3721 s. 145.

How expenses to be paid.

146. Every person giving evidence by affidavit shall be liable to oral cross-examination by or before the Master in the same manner as if the evidence given him in his affidavit had been given by him orally before the Master, and after cross-examination may be re-examined orally by or on behalf of the person filing the affidavit; and every person giving evidence by affidavit shall be bound to attend before the Master to be so cross-examined and re-examined upon receiving due and proper notice and payment or tender of his reasonable expenses in like manner as if he had been duly served with a writ of subpoena ad testificandum before the Master, and the expenses attending on such cross-examination and re-examination shall be paid in such manner and by such person as the Master directs.

Master may issue advertisements. No. 3721 s. 146; No. 4654 s. 3 (3).

147. The Master shall be at liberty to cause to be issued from time to time such advertisements as to him seem expedient with reference to the subject-matter of a proposed commission or inquiry, or with a view to the efficient discharge of his duties as Master under this Act with regard to the estate and property of lunatics.

1958. Mental Hygiene. No . 6314 145

person. No. 3721

148. The Master shall approve on behalf of Her Majesty of Master to the security to be from time to time given by the committee of and to enforce the estate under order of the court, and it shall be the duty of ^venitbytobe

the Master to see that the conditions of all bonds and recognisances S™ i t t e e of

heretofore or hereafter to be given or entered into by the N0. 3721 committee of the estate or other persons in the matter of the s-147-

estate shall be faithfully and regularly observed and performed, and immediately to report to some judge of the court any breach or non-performance of any of such conditions; and thereupon such judge may cause such bond or recognisance to be forfeited or estreated; and such forfeiture or estreat shall be enforced and effected in the manner provided by any law now or hereafter in force relating to the estreat of recognisances entered into to Her Majesty.

149. Where the Master finds and reports that several persons several are the most fit persons to be appointed the committees of the be appointed estate or of the person, and he is of opinion that it is expedient estate or that one or more of the same several persons should continue to be the committee or committees after the death or discharge of £u8 the others or other of them and such persons are willing so to continue, the Master may report accordingly; and when the report is confirmed the approved committees of the estate may perfect their securities in such form as to extend to the acts and defaults of one or more of them in accordance with the report, and thereupon the grant of the custody of the estate or of the person (as the case may be) shall be made conformably with the order of custody, and the continuing or surviving committee or committees to whom separately the grant extends shall and may continue until further order to act after the death or discharge of the others or other of them with all the like powers authorities and discretions and subject to all the like liabilities as the original committees.

150. The Master's allowance of the account of a committee or Form of receiver shall be signified under his hand and be written under SUSSST ol

the account, but no certificate shall be made except where it is N0.3721 specially required with a view to payment of money into court or for some other purpose.

s. 149.

151 . Where the Master is of opinion that any small expenses Master to included in the committee's or receiver's account have been items1n's

properly and reasonably incurred for the benefit or enjoyment of heCcaUnnoTh lch

the lunatic or the improvement security or advantage of his estate 2SS!int1?o'be and there is no opposition to the allowance thereof, but it is not ^ n ! t t e d t 0

competent to him to allow the same to the committee or receiver N0.3721 without the sanction of the court, he shall distinguish the items by some mark in his allowance of the account which is made subject

s. 150.


to the approval of the court; and the account as passed by the Master shall be submitted by him to the court without petition for its allowance or disallowance in respect of the items so distinguished by him.

Master to receive proposals in certain cases. No. 3721 s.151.

152. The Master shall be at liberty without an order of reference to receive any proposal and conduct any inquiry respecting the managing repairing setting or letting of the estate of a lunatic and to report thereon.

Master may receive proposals in other cases. No. 3721 s.152.

153. The Master shall also be at liberty without an order of reference to receive any proposal and conduct any inquiry relating to the estate not respecting the managing repairing setting or letting thereof, and any proposal or inquiry whatsoever relating to the person, and to report thereon respectively if and when he is of opinion that if application was made to the court concerning the matter of any such proposal or inquiry a reference thereon would be made to him.

Persons objecting to Master's receiving proposals may apply to court. No. 3721 s.153.

154. Where the Master without an order of reference receives any proposal or proceeds in any inquiry relating to the estate not respecting the managing repairing setting or letting thereof, or any proposal or inquiry whatsoever respecting the person, any person attending before him shall be at liberty to apply by petition to the court as he may be advised, and thereupon the Master shall pending the application cease from proceeding on the proposal or in the inquiry unless the court otherwise directs.

Master may certify as to propriety of proposal. No. 3721 s. 154.

155= Where the Master without an order of reference receives and proceeds on a proposal or conducts an inquiry, but arrives at the opinion that the proposal ought not to be adopted and carried into effect or that the inquiry was unnecessary, he shall be at liberty to certify whether or not (regard being had to the circumstances) the proposal or inquiry was proper to be made; and if he certifies in the affirmative usual and proper costs of the proposal or inquiry and proceedings thereon shall be allowed to taxation by virtue of his certificate, but if he certifies in the negative the court shall direct by whom and in what manner the costs shall be paid and borne.

Persons insisting on report liable to costs. No. 3721 s. 155.

156. Where any person requires that the Master should report on a proposal which he has received and proceeded on without an order of reference notwithstanding his opinion that it should not be adopted and carried into effect, the Master shall report on the proposal, and the report shall be brought before the court by petition, and the court shall make such order upon the report and respecting the costs as to it in the circumstances seems just.


157. Where an application is made by petition to the court On petition

either concerning a matter which might have been brought before SSSeuon of the Master in the first instance or in consequence of the Master courL

receiving any proposal or proceeding in any inquiry relating to s. i56. the estate or the person, the court may make such order respecting the costs of the application and of the consequent proceedings as to it in the circumstances seems just.

Master to inquire as lo next of kia

158. Subject to the provisions hereinafter contained the Master shall as soon as may be after the return of the inquisition, and may afterwards from time to time as he thinks it expedient, f"havlynou

?c inquire and certify who are the next of kin of the lunatic, and subject to the provisions hereinafter contained, due notice of attending on the proceedings in the matter shall be given to the persons for the time being found to be next of kin.

notice Of proceedings. No. 3721 s. 157.

159. Where the court by virtue of the power hereinbefore No inquiry as

given exempts the property of a lunatic from payment of fees whe?e,ofkin

and percentage, the Master shall not during the continuance of gSJSJjJSd the exemption inquire respecting his next of kin without special f™m**™-order. M~ """ No. 3721

s. 158.

160. The court may in any case by order defer an inquiry court may respecting next of kin, or direct that the inquiry shall be carried limit inquiry

on to such limited extent only and under such restrictions 2fIJ?no*tof

and provisions in such manner as it in the circumstances of the NO. 3721 case thinks expedient, and may where it deems it just and expedient s'159' order that persons alleging themselves to be next of kin be left to make out their claim at their own expense, and may in any case if from the smallness of the property of the lunatic (although it is not such as to entitle it to exemption from payment of fees and percentage) it thinks it safe and just so to do by order wholly dispense with the inquiry.

161. Where the Master is of opinion that by reason of the Master to smallness of the property of a lunatic or for any other reason an ]%£$£$?£ inquiry or a subsequent inquiry (as the case may be) respecting j ^ | p^ | ; t -next of kin should be dispensed with or deferred or be carried NO. 3721 on to a limited extent only, he shall report accordingly. s l 6°-

162. Where the Master in conducting an inquiry respecting Master may next of kin without any special direction of the court concerning strSt psrop?* the mode of conducting the same is of opinion that the î^liSes. circumstances of the case render it expedient and safe that strict N0.3721 proof of pedigree should not be gone into, he may dispense with s-161-

the same to such extent and in such manner as to him seems expedient, and may require and receive such evidence as appears to him sufficient and satisfactory respecting the family and the next of kin, and shall certify the mode in which he has conducted the inquiry.


Court may dispense with attendance of next of kin. No. 3721 s. 162.

163. The court may by order dispense with and disallow the attendance on the proceedings in the matter of all or some of the next of kin either wholly or except at their own expense, or except upon special leave first obtained as it in the circumstances thinks expedient, and such notice only of attending on the proceedings shall be given as is conformable with the order of the court.

Master to determine which of next of kin to attend before him and to certify and the same only to attend before the court. No. 3721 s. 163.

164. Subject to the provisions hereinbefore contained the Master shall once in the matter of each lunatic, and may afterwards from time to time as he thinks it expedient, determine whether any one or more and (if any) how many and which of the next of kin is or are to attend on the proceedings or on any particular proceeding before him in the matter; and no other person or persons save any person or persons to whom the Master has given liberty to attend shall be entitled to notice of or shall be allowed to attend at the cost of the estate on any proceedings or on such particular proceeding as aforesaid (as the case may be) before the Master except on his special leave first obtained; and no other than the same person or persons (if any) to whom the Master has so given liberty to attend on the proceedings before him in the matter generally shall be entitled to notice of or shall be allowed to attend at the cost of the estate on any proceeding before the court except upon his special leave first obtained, and for that purpose the Master shall from time to time as occasion may require certify who is or are the person or persons (if any) to whom he has given liberty to attend on the proceedings before him in the matter generally.

Master may appoint

fiuardian for nfant for

lunacy purposes. No. 3721 s. 164.

165. Where an infant being one of the next of kin and being at liberty to attend on the proceedings has no guardian, the Master may from time to time by certificate appoint a fit person to be his guardian for the purposes of the lunacy, who shall thereupon for the purposes of the lunacy only and not further or otherwise have all the same powers authority and discretion as if he had been duly constituted guardian by the court; and the Master may from time to time by certificate revoke any such appointment and appoint another fit person to be guardian toties quoties.

In cases of members of same family proceedings may be consolidated and evidence interchanged. No. 3721 s. 165.

166. The Master may where it seems expedient consolidate or carry on together similar proceedings before him in the matters of several persons being members of the same family, and may in that case, and also where it does not seem expedient that the proceedings should be consolidated or carried on together, use in the matter of one member of a family evidence filed or taken in the matter of another member or other members of the same family when and so far as it is applicable.


167. The Master may on being satisfied of a lunatic's death Master may open and read without order any paper writing deposited with Seuverlfut him and purporting or alleged to be his will for the purpose of wiu-ascertaining who is therein nominated executor thereof, and also s.°66. whether or not there is any and what direction therein contained concerning his funeral or place of interment, and then deliver the same to the executor or one of the executors therein named or other proper person to the intent that the same may be proved in the usual course and dealt with according to law, and shall certify the death and the opening and delivering out of the paper writing accordingly.

168. The Master shall be at liberty without order of reference Master may to inquire and report whether or not any person residing out of respecting Victoria has been declared idiot lunatic or of unsound mind, Stag out of and whether or not his personal estate or some and what thereof Jurisdiction. has been vested in a curator or other and what person appointed f.0^1.21

for the management thereof according to the laws of the place where the person is residing, and whether or not any and what personal property is vested in such person and what is his interest therein.

169. Subject to the provisions of this Act and to the general Masterly orders in lunacy for the time being in force and to any order of ic?of,ime8

the court, the Master may, if he thinks fit, dispense with any beforehin?. summons ordinarily taken out in the course of the proceedings NO. 3721 before him and direct and require any party attending before s'168' him to take out a summons for a particular purpose or within a particular time, and fix the time at which any particular summons shall be returnable before him or at or within which any proceeding necessary or proper to be taken before him shall be taken, and may proceed de die in diem or adjourn the proceedings before him as he sees fit.

170. The Master shall from time to time inquire into the Master to circumstances of any delay in the conduct of proceedings before dXyS?

int0

him or in proceeding upon his reports certificates or decisions, and for that purpose may call before him all parties concerned, and may report accordingly where it seems expedient.

No. 3721 s. 169.

171. The Master may by certificate disallow wholly or in part Master may the costs of any proceeding or document taken or used or proposed rosts!ow

to be taken or used before him; and the costs of the attendance ô. J721 of counsel before him shall not be allowed on taxation unless he certifies that such attendance was proper and for the security or advantage of the lunatic or his estate.


Documents not to be of unnecessary length. No. 3721 s. 171.

172. The affidavits petitions and other documents brought into the office of the Master shall not contain unnecessary recitals or statements of proceedings or documents previously taken or used in the matter; and any taxing officer in taxing the costs of any proceedings shall look into all such affidavits petitions and other documents as aforesaid, and deal in such manner as to him shall seem just with the costs of any affidavit petition or other document appearing to him to be unnecessary or improper in the whole or in part or of unnecessary length.

Master may report decision pending inquiry. No. 3721 s. 172.

173. The Master shall be at liberty to report specially to the court any decision at which he arrives, or any other matter relating to any inquiry or proposal pending before or under consideration by him, in order to obtain a decision or direction by or from such court for his guidance in the further prosecution of the inquiry or consideration of the proposal.

Form of reports. No. 3721 s.173.

174. The Master's report shall be divided into paragraphs numbered consecutively, and respectively confined as nearly as may be to distinct portions of the subject-matter, and with such appropriate headings prefixed to all or any of the paragraphs as are convenient.

Objection to draft report may be brought in. No. 3721 s. 174.

175. Any person objecting to a draft report of the Master and desiring to prosecute the objection shall bring in before the Master a statement of objections in writing, and thereupon the Master shall be at liberty to review the draft objected to, and after review or the refusal of the Master to review the person objecting may bring in before the Master a notice in writing stating that he insists on the objections or any one or more of them, and all the objections not so insisted on shall be considered as abandoned.

No petition against confirmation but objections to be brought forward on petition for confirmation. No. 3721 s. 175.

176. No person shall except upon special leave of the court first obtained present a petition against the confirmation of a report, but in every case on the hearing of the petition for confirmation of the report any objections insisted on as aforesaid may be brought forward in opposition to the confirmation of the report without any exceptions or cross petition.

Reports not objected to may be confirmed without petition. No. 3721 s. 176.

177. Where no statement of objections is brought in or all the objections contained in a statement brought in are abandoned, the report shall be submitted to the court for confirmation without petition and without the attendance of parties, except where from the special nature or circumstances of the case the Master is of opinion that the report ought to be brought before the court by petition, and by endorsement on the report under his hand so directs accordingly.


178. Where a report is to be submitted for confirmation without petition it shall contain the directions consequential on the confirmation thereof, and the order of the court on the report shall give it the operation of an order of the court made upon petition subject to such other directions and provisions (if any) as the court thinks fit.

Such reports to contain consequential directions and order of the court to give them operation of orders. No. 3721 s.177.

confirmed without petition. No. 3721 s.178.

179. The reports of the Master regarding the person or estate Cases in

of any lunatic shall be brought before the court for confirmation shha\fnou?ert8

by petition in each of the cases following:— (a) Where the court on referring a matter to the Master

to inquire and report so directs; (b) Where a statement of objections is brought in and all

the objections are not abandoned; (c) Where the Master having regard to the special nature

or circumstances of the case as hereinbefore provided so directs;

(d) Where no order is made on the report being submitted for confirmation without petition—

and in such other cases as are herein mentioned and as the judges of the court from time to time by general order direct.

DIVISION 2 . MANAGEMENT OF THE ESTATES OF LUNATICS.(a)

180. (1) Where a lunatic is entitled to a lease the committee of his estate may under an order of the court surrender the lease, and accept a new lease.

(2) Every sum of money and other consideration paid by a committee or other person in the nature of or as a fine premium or income upon renewal and all reasonable charges incident thereto may be paid out of the lunatic's estate, or may with interest be a charge upon the leasehold premises as the court orders.

(3) Every lease renewed shall operate and be to the same uses New leases to and be subject to the same trusts charges incumbrances dispositions êllse. devises and conditions as the lease surrendered was subject to or would have been subject to if the surrender had not been made.

Committee may surrender lease and accept renewal. No. 3721 s. 203. Charges of renewal to be charged on estates.

181. Where it appears to the court to be just and reasonable Lunatic's or for the lunatic's benefit it may order that any estate or interest be°^dymay

of the lunatic in land or stock either in possession reversion ™."o?3ebi8 remainder contingency or expectancy and either existing or which maintenance may exist at any future time be sold mortgaged charged or N0.3721 otherwise disposed of as to it seems most expedient. The court s-2iM-

(a) As to management of estates of mental patients, see Public Trustee Act 1958.


may give directions as to the application of the money so raised and in particular may order that it be applied for or towards all or any of the purposes following:—

(a) The payment of the lunatic's debts or engagements; (b) The discharge of any incumbrance on his estates; (c) The payment of any debt or expenditure incurred or

made after inquisition or authorized by the court to be incurred or made for the lunatic's maintenance or otherwise for his benefit;

(d) The payment of or provision for the expenses of his future maintenance;

(e) The payment of the costs of applying for obtaining and executing the inquiry and of opposing the same;

(/) The payment of the costs of any proceeding under or consequent on the inquisition or incurred under order of the court; and

(g) The payment of the costs of any such sale mortgage charge or other disposition as is hereby authorized to be made.

Committee to execute deeds &c. No. 3721 s. 205.

182. The committee of the estate may and shall in the name and on behalf of the lunatic execute make and do all such conveyances deeds transfers and things relative to any such sale mortgage charge or other dispositions as aforesaid, and for effectuating the provision in the last preceding section mentioned as the court orders.

Lunatic's property may be charged with moneys advanced lor the purposes in the last section but one.

No. 3721 s. 206.

183, Where it appears to the court to be for the lunatic's benefit, it may by order direct any estate or interest of the lunatic in land or stock, either in possession reversion remainder contingency or expectancy and either existing or which may exist at any future time, to stand and be charged with any moneys advanced or to be advanced by or due to become due to any person for or in respect of any of the purposes or matters mentioned in the section last preceding but one, and either with or without interest on such moneys; and it may also by order direct any such estate and interest to be dealt with and disposed of in such manner as it considers expedient for any of the purposes aforesaid, or for securing any moneys advanced or to be advanced for such purposes or any of them; and with or without interest for the same; and every charge and disposition directed or made by or in pursuance of any such order shall be valid and effectual to all intents and purposes, and shall take effect accordingly, subject only to any prior charge to which the estate or interest affected thereby at the date of such order is subject.


184. Every conveyance transfer charge or other disposition All deeds made or executed by virtue of or under the authority of this Act, payments &c.

and every payment made in pursuance or under the authority of JXSiiSceof this Act shall be valid to all intents and binding upon all persons TOHdAandobe

whomsoever; and this Act shall be a full indemnity and discharge binding. to all persons for all acts and things done or permitted to be done ^ 207J21

in pursuance thereof, or of any order of the court made or purporting to be made under this Act, and such acts and things respectively shall not be questioned or impeached in any court of law or equity to their detriment.

185. In case of a charge or mortgage being made under this M«jesfin Act upon an interest in contingency, or in reversion remainder maintenance or expectancy, or which may exist at a future time, for the expenses changed when of future maintenance, the court may direct the same to be payable In'p^JSon. and paid either contingently if the interest charged is a contingent NO. 3721 one, or upon the happening of the event if the interest is depending "'208' on an event which must happen, or if it is an interest which may exist at some future time when it comes into existence, and either in a gross sum or in annual or other periodical sums, and at such times in such manner and either with or without interest as such court deems expedient.

186. Where it appears to the court to be for the lunatic's Expenses of benefit, it may order that the whole or any part of any moneys maybe expended or to be expended under its order for the permanent ettati?don

improvement security or advantage of the land of the lunatic, or N ° - " 2 1

of any particular par t thereof, shall with interest be a charge upon and be raisable out of the lunatic's estate and interest in the land, or such particular part thereof as aforesaid, but so that no right of sale or foreclosure during the lifetime of the lunatic is given or acquired under or by virtue of the charge; and the interest shall be kept down during the lunatic's lifetime out of the income of his general estate as far as the same is sufficient to bear it; and the committee of the estate may and shall in the name and on behalf of the lunatic execute and do all such conveyances and things for effectuating this present provision as the court orders, and such charge may be made either to some person advancing the money or if the money is paid out of the lunatic's general property to some person as a trustee for him as par t of his personal estate.

187. On any moneys being raised by sale mortgage charge or j ^ " 3 0 * . ^ other disposition of land made in pursuance of any of the foregoing tfthenme provisions, the person whose estate is sold mortgaged charged or eS.M th0

otherwise disposed of, and his next of kin devisees legatees N"-'721

executors administrators and assigns, shall have such and the like interest in the surplus money remaining after the purposes for which the moneys have been raised have been answered as he or they would have had in the estate if no sale mortgage charge or


other disposition thereof had been made, and the surplus moneys shall be of the same nature and character as the estate sold mortgaged charged or otherwise disposed of; and the court may make such orders and direct such conveyances deeds and things to be executed and done (which may and shall accordingly be executed and done) as are necessary for the effectuating this present provision and for the due application of the surplus moneys.

Committee may convey land in performance of contracts. No. 3721 s.215.

188. Where a person having contracted to sell mortgage let divide exchange or otherwise dispose of any land afterwards becomes lunatic, and the contract is not disputed and is such as the court thinks ought to be performed, or a specific performance of the contract either wholly or so far as the same remains to be performed shall have been decreed or ordered by the court either before or after the lunacy, the committee of the estate may, in the name and on behalf of the lunatic under an order of the court on the application of the party claiming the benefit of the contract with the lunatic or of any plaintiff in the suit, receive and give an effectual discharge for the money payable to the lunatic or so much thereof as remains unpaid, and make such conveyance of the land to such person and in such manner as the court orders.

The court may dissolve partnership and committee may convey partnership property. No. 3721 8.216.

189. Where a person being a member of a copartnership firm becomes lunatic the court may, by order made on the application of the partner or partners of the lunatic or of such other person or persons as the court aforesaid thinks entitled to require the same, dissolve the partnership and thereupon, or upon a dissolution of the partnership by a decree of the court or otherwise by due course of law, the committee of the estate in the name and on behalf of the lunatic may join and concur with such other person or persons in disposing of the partnership property as well real as personal to such persons, upon such terms and in such manner, and may and shall execute and do such conveyances and things for effectuating this present provision and apply the moneys payable to the lunatic in respect of his share and interest in the copartnership, in such manner as the court orders.

Committee may make sale partition or exchange. No. 3721 8.217.

190. When a lunatic is seised of or entitled to an undivided share of land and it appears to the court to be for his benefit and to be expedient that a sale of the land or of part thereof or a partition of the land should be made, and where a lunatic is seised of or entitled to land and it appears to the court aforesaid to be for his benefit and to be expedient that an exchange thereof or of part thereof for other land should be made, the committee of the estate in the name and on behalf of the lunatic under an order of the court may sell such undivided share to such or any other person or may concur with such other person in making such sale or partition, or may make such exchange and receive such moneys payable on the sale, and give and receive such moneys

1958. Mental Hygiene. No . 6314 155

for equality of partition or exchange or otherwise in relation thereto as the order directs; and all moneys received by the committee of the estate upon any such sale partition or exchange as aforesaid shall be applied and disposed of in manner hereinafter directed in this Act respecting the fines premiums and sums of money received on renewal of a lease; and the land taken in exchange shall be held and assured (as nearly as may be) to the same uses and upon the same trusts and subject to the same powers and provisions (if any) to upon and subject to which the land given in exchange was held; and the committee of the estate may and shall in the name and on the behalf of the lunatic execute and do all such conveyances and things for effectuating this present provision as the court orders.

191. Where a lunatic is seised of or entitled to land in committee fee-simple and it appears to the court to be for his benefit that fo?ybuHding the same or any par t thereof should be made available for building J ^ 1 ^ " purposes, and that to that end the same should in lieu of being s.2'18. demised for long terms of years be absolutely sold, it may order the same to be sold accordingly to such persons in such quantities upon such terms and in such manner as to it seems expedient; and the moneys arising thereby shall be applied and disposed of in manner hereinafter directed in this Act respecting the surplus moneys arising from the opening and working of any mine or quarry; and the committee of the estate may and shall in the name and on behalf of the lunatic execute and do such conveyances and things for effectuating this present provision as the court orders.

192. Where a lunatic has been engaged in a trade or business committee and it appears to the court to be for the benefit of the lunatic or blSiness8" his estate that the business premises should be disposed of, the ^"^ committee of the estate may in the name and on behalf of the 8.219. lunatic under order of the court make such conveyance of the messuage buildings or hereditaments of or belonging to the t rade or business or used in connexion therewith according to the lunatic's estate and interest in the same to such person, and shall apply the moneys arising thereby in such manner, as the court orders.

193. Where a lunatic is entitled to a lease for a life or lives or oommtoee for a term of years either absolute or determinable on a death or oTundesEabie otherwise, or to an under-lease of whatsoever nature, and it l£^m appears to the court to be desirable and for the benefit of the s.220. lunatic or his estate that the lease or under-lease should be disposed of, the committee of the estate may in the name and on behalf of the lunatic under order of the court surrender assign or otherwise dispose of the lease or under-lease to such person, for such valuable or nominal or other consideration, upon such terms, by such conveyances and in such manner, as the court orders. ,


Committee may make building and other leases subject to such covenants as the court shall order. No. 3721 s.221.

194. Where a lunatic is seised or possessed of or entitled to land in fee or in tail, or to leasehold land for an absolute interest, and it appears to the court to be for his benefit that a lease or under-lease should be made thereof for a term or terms of years for encouraging the erection of buildings thereon or for repairing buildings actually being thereon or otherwise improving the same or for farming or other purposes, the committee of the estate may in the name and on behalf of the lunatic under order of the court make such lease of the land or any part thereof according to the lunatic's estate and interest therein and to the nature of the tenor thereof, for such term or terms of years, and subject to such rents and covenants as the court orders.

Committee may execute leasing powers of lunatic having limited estate. No. 3721 s. 222.

195. Where a lunatic has only a limited estate in land and any power whatsoever of leasing the same is vested in him, the committee of his estate may and shall from time to time in the name and on behalf of the lunatic under order of the court execute the power to such extent and in such manner as the order directs; and all fines premiums and sums of money (if any) received for or upon the granting of any lease under this present provision shall be applied and disposed of in manner hereinafter directed in this Act respecting the fines premiums and sums of money received upon the renewal of a lease.

Committee may accept surrender and make new lease. No. 3721 s. 223.

196. Where a lunatic is entitled or has a right to renew, and either it would be for his benefit to renew, or he might in pursuance of any covenant or agreement if not under disability be compelled to renew, a lease made for a life or lives or for a term of years either absolute or determinable on a death or otherwise, the committee of such lunatic's estate may in his name under an order of the court upon the application of the committee, or of any person entitled to the renewal, accept a surrender of the lease and make and execute a new lease of the premises comprised in the lease surrendered for such number of lives or for such term or terms of years absolute as were mentioned or contained in the lease surrendered at the making thereof or otherwise as the court aforesaid orders, but so that no renewed lease be executed by virtue of this Act in pursuance of any covenant or agreement unless the fine (if any) or such other sum of money (if any) as ought to be paid on renewal, and such things (if any) as ought to be performed in pursuance of the covenant or agreement by the lessee or tenant, be first paid and performed and a counterpart be duly executed by the lessee.

Fines how to be paid. No. 3721 s. 224.

197. All fines premiums and sums of money received upon renewal shall after deduction of all necessary incidental charges and expenses be paid to the committee of the estate and be applied for the lunatic's benefit as the court orders; but upon the lunatic's death all such moneys as have arisen by such fines premiums or


sums of money, or so much thereof as then remains unapplied for his benefit, shall as between the representatives of his real and personal estate be considered as real estate, unless the lunatic is tenant for life only and then the same shall be considered as personal estate.

198. (1) Where a power is vested in a lunatic for his own committee benefit, or the consent of a lunatic is necessary to the e x e r c i s e power vested

of a power, and such power or consent is in the nature of a iiisown110 for

beneficial interest in the lunatic, and it appears to the court to be co«em?r8ive

for the lunatic's benefit and also to be expedient that the power NO. 3721 should be exercised or the consent given (as the case may) , the s'225" committee of the estate may in the name and on behalf of the lunatic under an order of the court made upon the application of the committee of the estate exercise the power or give the consent (as the case may be) in such manner as the order directs.

(2 ) Where a power is vested in a lunatic in the character of a committee trustee or guardian, or the consent of a lunatic to the exercise of power vested a power is necessary in the like character or as a check upon the character of undue exercise of the power, and it appears to the court to be fit 8uardian*°-and expedient that the power should be exercised or the consent given (as the case may be ) , the committee of the estate in the name and on behalf of the lunatic under an order of the court made upon the application of any person interested in the exercise of the power may exercise the power or give the consent (as the case may be) in such manner as the order directs.

199. The committee of the estate of a lunatic shall have and committee of shall be deemed always to have had power to invest any money funaucmay belonging to the lunatic in any form of investment in which a {^"4° trustee is authorized by Statute to invest trust funds in his hands. securities-

J No. 3721 s. 226.

200. Where under this Act the committee of the estate under order of the court exercises in the name and on behalf of the lunatic a power of appointing new trustees vested in the lunatic, the person or persons who after and in consequence of the exercise of the power are the trustee or trustees shall have all the same rights and powers as he or they would have had if the order had also been made by the court under any law now or hereafter in force relating to trusts, or if he or they had been appointed by a decree of the court in a suit duly instituted; and the court may in any such case, where it seems to it to be for the lunatic's benefit and also expedient, make any and every such order respecting the land or stock or choses in action subject to the trust as might have been made in the same case under the provisions of any such law as aforesaid on the appointment thereunder of a new trustee or new trustees.

Appointment of new trustees under power to have effect of appointments by court and like orders may be made as under any law relating to trusts. No. 3721 s. 227.


Deeds &c executed under this Act to be as valid as if lunatic had been of sound mind. No. 3721 s. 228.

201. Every surrender lease agreement deed conveyance mortgage or other disposition granted accepted made or executed by virtue of this Act shall be as valid and legal to all intents and purposes as if the person in whose name or place or on whose behalf the same have been granted accepted made or executed had been of sound mind and had granted accepted made or executed the same: Provided always that as regards any property real or personal for the time being subject to the provisions or under the operation of the Transfer of Land Act 1958, nothing contained in this Act shall extend to require the entry or registration of any instrument or document under such Act which is inconsistent with the provisions thereof.

Stock belonging to lunatic may be ordered to be transferred. No. 3721 s.229.

202. Where any stock is standing in the name of or is vested in a lunatic beneficially entitled thereto, or is standing in the name of or vested in a committee of the estate of a lunatic in trust for the lunatic or as part of his property, and the committee dies intestate or himself becomes lunatic or is out of the jurisdiction of or not amenable to the process of the court, or it is uncertain whether the committee is living or dead, or he neglects or refuses to transfer the stock and to receive and pay over the dividends thereof to a new committee or as he directs for the space of fourteen days next after a request in writing for that purpose made by a new committee then the court may order some fit person to transfer the stock to or into the name of a new committee or otherwise, and also to receive and pay over the dividends thereof or such sum or sums of money and in such manner as the court orders.

Stock in name of lunatic residing out of Victoria may be ordered to be transferred. No. 3721 s. 230.

203. Where any stock or any portion of the capital stock or any share of any company or society whether transferable in books or otherwise is standing in the name of or vested in a person residing out of Victoria, the court upon proof to its satisfaction that such person has been declared idiot lunatic or of unsound mind, and that his personal estate has been vested in a curator or other person appointed for the management thereof according to the laws of the place where he is residing, may order some fit person to make such transfer of the stock or such portion of the capital stock or share as aforesaid or any part or parts thereof respectively to or into the name of the curator or other person appointed as aforesaid or otherwise, and also to receive and pay over the dividends thereof as the court thinks fit.

who shaii be 204. Where an order is made under this Act for the transfer of make transfer, stock, the person to be named in the order for making the transfer *23i?2! shall be some proper officer of the company or society in whose

books the transfer is to be made.


205. The court may order the costs and expenses of and costs and relating to the petitions applications orders directions conveyances may be paid and transfers to be presented or made in pursuance of this Division °"' 3f

7^tate'

of this Part or any of them, to be paid and raised out of or from MM-.. the land or stock or the rents or dividends in respect of which the same respectively are presented or made in such manner as it thinks proper. The court may if it thinks fit from time to time order such sum by way of remuneration to be paid out of the estate to the committee of any lunatic, as the court on the report of the Master approves.

No. 4654 s. 3 (3).

206. Nothing in this Act contained shall extend, save as therein Act not to expressed, to subject any part of a lunatic's property to the debts lunatic's or demands of his creditors further or otherwise than as the same §ebts!rtyto

is now subject thereto by due course of law. N233721

PART V I . — M E N T A L TREATMENT.

207. (1) Notwithstanding anything in any Act any person whether for payment or not (if and so long as he complies with the conditions imposed by regulations under this Part) may receive to board or lodge or may take charge or care of any person ( a )—

(a) having been on naval military or air service with His Majesty's naval military or air forces or with the naval military or air forces of the Commonwealth during the war commencing in August One thousand nine hundred and fourteen or any subsequent war in which His or Her Majesty was or is engaged; and

(b) suffering from mental disorder of recent origin arising from wounds shock disease stress exhaustion or any other cause.

(2) The Governor in Council may make regulations as to— (a) the period for which such a person may be so received

or taken charge or care of; (b) the institutions homes or houses into or in which such

a person may be received or taken charge or care of;

(c) the statements and notices to be furnished with respect to a person so received or taken charge or care of;

(d) the treatment of persons so received or taken charge or care of and their visitation inspection removal to other care and discharge.

Power to receive soldiers Ac suffering from mental disorder of recent origin arising from wounds &c. No. 3721 S. 234" No. 4$48 s. 2.

(a) See Public Trustee Act 1958 s. 33 as to management of estates of such persons.


( 3 ) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

208. In the next two succeeding sections unless inconsistent with the context or subject-matter—

" Mental treatment inst i tut ion" means any building or part thereof proclaimed under this Part or any corresponding previous enactment as an institution to be exclusively used for the reception care and treatment of mental treatment patients.

«• Memai " Mental treatment pa t i en t " means any person to the pattern!"1 reception charge or care of whom the last preceding

section of this Act applies.

209. The Governor in Council may by proclamation published the Government Gazette—

(a) proclaim as an institution to be exclusively used for the reception care and treatment of mental treatment patients any building or part thereof provided by the State or provided or used under any arrangement with the Government of the Commonwealth; and

(b) revoke or vary any proclamation under this section.

210. ( 1 ) With respect to all persons who have become or hereafter become mental treatment patients at any such mental treatment institution the provisions of this Act as to the control management and inspections of mental hospitals and as to the care and treatment of patients (within the meaning of this Act) detained therein and as to their detention removal transfer discharge or absence on trial leave shall with such alterations modifications and substitutions as are necessary extend and apply to mental treatment patients to the same extent as if under the provisions of this Act they had been duly certified as insane and were legally received into detained or ordered to be received into or detained in any mental hospital.

( 2 ) Without affecting the generality of section two hundred and seven of this Act sub-sections ( 2 ) and ( 3 ) of the said section shall with such alterations modifications and substitutions as are necessary extend and apply to mental treatment institutions and mental treatment patients therein; and for the purposes of this sub-section the said sub-sections shall be read and construed as if in paragraph (d) of the said sub-section ( 2 ) before the word " visitation " there were inserted the word " detention ".

Interpretation. No. 3721 s. 236; No. 4654 s . 3 ( 3 ) .

" Mental treatment institution."

Establishment of mental treatment institutions. No. 3721 s. 237.

Application of certain provisions of Act to mental treatment patients. No. 3721 s. 238; No. 4157 s. 2 ( 1 ) .

Regulations.


PART VII .—MISCELLANEOUS PROVISIONS. 2 1 1 . If in any proceedings before the court it appears that the court may

order or other document on which a patient has been received or other

into any hospital is in any respect incorrect or defective the court û3™Jt*

may if it think fit amend such order or document and such s.2'54. amendment shall be as valid and effectual as if it had been duly made under section thirty-three of this Act.

212. (1) The Chief medical officer may by writing under his Power of pief I J ' - , ^. J J j - i .v. medical officer hand consent to any surgical operation upon or medical or other to consent to therapeutic treatment of any patient or mental treatment patient operation on

by any member or members of the medical staff of any public freSmentof"" hospital or mental hospital without naming any such member or pu

a"?etn

ct &c.

by any medical practitioner or practitioners named in such consent, NO. 4157 s. 4;

(2) The Chief medical officer shall before giving such consent Duty of satisfy himself that such operation or treatment is necessary or offlceVbtfor? desirable for the safety or welfare of the person proposed to be § 0

vI £ e

Bn ? | 1 ' : h

operated upon or treated. (3 ) Where in the opinion of the superintendent of any mental Power of

hospital the delay incurred in obtaining the consent of the Chief wUheenride?a,yeI,,

medical officer would endanger the life of any patient or mental Snger life treatment patient the superintendent may by writing under his ^rglcaf1"10

hand consent to any surgical operation upon or medical or other °Se|Uant^"c

&c-

therapeutic treatment of such patient or mental treatment patient patienta&c. by any member or members (including himself) of the medical staff of any public hospital or mental hospital without naming any such member or by any medical practitioner or practitioners named in such consent; and the superintendent shall forthwith report in writing to the Chief medical officer the circumstances in which such consent was given.

(4) Any such consent shall, for the protection of any medical Effect of practitioner who performs such operation or applies such treatment consenL

and of any person concerned with the performance of such operation or with the application of such treatment, have the same effect as if such consent had been given by the person operated upon or treated while he was of sound mind, or, in the case of a minor, as if such consent had been given by his parents.

213 . Any person who signs or carries out or does any act with Protection to a view to sign or carry out any order report request or certificate puttfng'the under this Act or does anything in pursuance of this Act shall Actinforce-not be liable to any civil or criminal proceedings whether on the s 'ss™ ground of want of jurisdiction or on any other ground if such person has acted in good faith and with reasonable care.

214. The judges of the court may and shall from time to time Power to make such general orders as to them seem meet for regulating in S u o make all cases the form and mode of proceeding before the court and *ene™'°rderi

before and by the Master, for summoning and enforcing the s.2'56. VOL. VI.—6


attendance of jurors and witnesses, for carrying into effect the several objects of Parts IV. and V. of this Act so far as the same relate to the judicial powers or duties of the court or of the Master, and for regulating the practice and forms in all matters of lunacy; and any such order as aforesaid may be from time rescinded or varied, and others substituted in lieu thereof by the like authority.

215 . The Governor in Council may from time to time make such regulations as to him seem meet for carrying into effect the purposes of this Act in all respects other than as provided for by the last preceding section, and for regulating the form and mode of proceeding in all cases other than as aforesaid under this Act, and for prescribing the administrative duties of the Master in connexion with the management of the estates of lunatics and for the due protection care and management of the persons of lunatic patients, and for defraying the general charges incident to the administration of the estates of lunatics, and for fixing the fees to be charged and paid in all or any proceedings in lunacy; and such regulations may from time to time rescind or vary, and substitute others or another in lieu of them or any of them.

216. Every medical practitioner who signs any certificate or does any other act not hereby declared to be a misdeameanour contrary to any of the provisions herein contained, shall for every such offence be liable to a penalty of not more than Fifty pounds; and every medical practitioner who falsely states or certifies anything in any certificate or statement under tiiis Act, and any person who signs any certificate under this Act in which he describes himself as a medical practitioner not being such within the meaning hereinbefore defined, shall be guilty of a misdemeanour.

super- 217. (1 ) Every superintendent of a mental hospital and every proprietors proprietor and superintendent of any private mental home, and amhorteed every other person hereby authorized to receive or take charge of pfeadnanmay a lunatic upon an order and who receives or has received a proper order this Act order in pursuance of this Act accompanied by the required &263?21 statements medical certificates or certificate for the reception or ?2'o>5,7 taking charge of any person as a lunatic or as a patient, wherever NO. 59i4 a. 2. s u c n statements or certificates are required by this Act and the

assistants and servants of such superintendent proprietor or other person shall have power and authority to take charge of receive and detain such lunatic or patient until he dies or is removed or discharged by due authority, and in case of the escape at any time or times of such lunatic or patient to retake him at any time and again to detain him as aforesaid; and in every writ information action and other proceeding which is preferred or brought against any such superintendent proprietor or other person authorized as aforesaid, or against any assistant or servant of any such

Governor in Council may make regulations. No. 3721 s. 257; No. 4654 s. 3 (3).

Medical men signing false certificates and persons not being medical men

certificates as such guilty of mis* demeanour. No. 3721 8.262.


8.2(1).

superintendent proprietor or authorized person, for taking confining detaining or retaking any person as a lunatic or patient, the party complained of may plead such order and certificates or certificate in defence to any such writ indictment information action or other proceeding as aforesaid, and such order and certificates or certificate shall as respects such party be a justification for taking confining detaining or retaking such lunatic or patient.

(2) The provisions of this section shall extend to all persons matters and things within the provisions of this Act, and such section shall be read as though such several persons matters and things had been severally expressed and referred to therein.

218. Every superintendent gaoler officer nurse attendant v$g&0* servant or other person employed in any mental hospital gaol Or servants private mental home who strikes wounds ill-treats or wilfully neglects lunatics. S

any lunatic or patient confined or detained therein shall be guilty 0 3721 of a misdemeanour, and shall be subject to be indicted presented or **%-}}p informed against for every such offence or for every such offence on a summary conviction thereof shall be liable to a penalty of not less than Two nor more than Fifty pounds or to imprisonment with or without hard labour for a term of not more than six months.

219. Every superintendent officer nurse attendant or servant in Penalty on any mental hospital or private mental home who through wilful allowing neglect or connivance permits any patient in any case to quit or escapeorbe escape from such hospital or home, or to be at large without such ^|ho« order as in this Act mentioned (save in the case of temporary permission, absence authorized under the provisions aforesaid), or who secretes âss™ or abets or connives at the escape of any such person, shall for every ^2 ' a" such offence be liable to a penalty of not less than Two nor more than Twenty pounds.

PART VIII.—SPECIAL PROVISIONS RELATING TO PERSONS RESIDING AND ORDERS AND DECLARATIONS MADE ELSEWHERE THAN IN VICTORIA.

DIVISION 1. PRELIMINARY.

220. In this Part unless inconsistent with the context Or Interpretation,

subject-matter— TSil721

" British possession" means any part of Her Majesty's •< British dominions exclusive of Great Britain and Ireland. possession.-

221. (1) The Governor in Council on being satisfied that the Application

laws in force in any part of Her Majesty's dominions (other than foBrmlh02 Victoria) are such as to enable powers to be exercised in that gJ^gSjJ^ possession in cases of lunatic patients residing in Victoria No. 3721 substantially similar to the powers contained in Division two of s.267.

164 1958. Mental Hygiene. No . 6314

Application of Division 3 to Great Britain Ireland or British possession by proclamation.

this Par t in cases of lunatic patients residing in that possesssion may by proclamation declare that the said Division two shall subject to any exceptions and modifications specified in the proclamation apply to that possession and thereupon while such proclamation is in force the said Division two shall apply accordingly.

(2 ) The Governor in Council on being satisfied that adequate provision has been made by the laws of Great Britain Ireland or any British possession (other than Victoria) for the recognition in Great Britain Ireland or any such British possession of orders and declarations made by the Supreme Court of Victoria in the exercise of its jurisdiction in Lunacy may by proclamation declare that Division three of this Part shall subject to any exceptions and modifications specified in the proclamation apply to the United Kingdom or any such possession and thereupon while such proclamation is in force the said Division three shall apply accordingly.

Power to ( 3 ) The Governor in Council may by further proclamation proclamation, revoke or alter any proclamation under this Part . ProbcIiama0un S f ^ Every proclamation under this Par t shall be published in proc ama on. ^ e Qovernment Qazetfe and a copy of the same shall be laid before

both Houses of Parliament as soon as may be after it is made.

Power of Public Trustee on certificate of proper officer in other British possession to administer property in Victoria of lunatic patient confined In the other possession. No. 3721 s. 268; No. 4654 8. 3 (3) , No. 5602 s. 2.

DIVISION 2 . POWERS OF PUBLIC TRUSTEE.

222 . If the officer charged by the laws of any British possession (other than Victoria) with the care recovery collection preservation and administration of the property and estates of lunatic patients in any hospital asylum or other place situate therein and authorized for the reception and care of persons of unsound mind—

(a) certifies in writing under his hand and seal to the Public Trustee that any person is a lunatic patient residing in such British possession and that he is confined in any such hospital asylum or other place and that he is possessed of or entitled to or appears to be entitled to or interested in real or personal property in Victoria; and

(6 ) by instrument in writing under his hand and seal authorizes the Public Trustee to collect manage sell or otherwise dispose of and administer such property or to make inquiry respecting the same—

the Public Trustee shall have and may exercise over and in respect of such property all his powers of collection management sale disposition administration and inquiry and all the provisions of the Public Trustee Act 1958 shall apply in respect to such property


to the like extent and in the same manner as if such lunatic patient were a resident of Victoria and a patient within the meaning of the Public Trustee Act 1958.

223. The Public Trustee may pay over or deliver to such officer as aforesaid the balance of moneys or properties received by him—

(a) after payment of all costs charges and expenses incurred in and about the exercise of the aforesaid powers; and

(b) as to all moneys received—after satisfying or providing for the debts and claims of all persons resident in Victoria of whose debts or claims he has had notice—

without seeing to the application thereof and without incurring any liability in regard to such payment; and shall duly account for the same to such officer.

Power of Public Trustee to pay over to proper officer of other British possession balance of money or property received. No. 3721 s. 269: No. 4654 s. 3 (3) .

Order or declaration in Lunacy in other British dominions to have like effect in Victoria on being reseated. No 3721 s. 270; No. 4654 s. 3 (3) .

DIVISION 3.—RESEALING ORDERS AND DECLARATIONS IN LUNACY MADE ELSEWHERE.

224. (1) When any order or declaration made by a court of competent jurisdiction under the laws of Great Britain Ireland or any British possession in the exercise of its jurisdiction in Lunacy is produced to and a copy thereof deposited with the Prothonotary of the Supreme Court of Victoria such order or declaration shall subject to the payment of the prescribed duties or fees (if any) be sealed with the seal of the court and shall have the like force and effect and have the same operation and every master trustee curator guardian committee or receiver acting thereunder shall perform the same duties and be subject to the same liabilities in Victoria as if such order or declaration had been originally made by the court:

Provided that a guardian committee or receiver appointed under any such order shall not have or exercise any power or authority thereunder after the same has been so sealed until his appointment has been confirmed by the court or a judge thereof which confirmation may be granted upon such terms as the court or judge thinks fit or may be refused.

(2) This section shall apply to such orders and declarations Retrospective

whether made before or after the commencement of this Act. °e«fon.on of

(3) This section shall not be construed as in derogation of the saving, provisions of the Act of the Federal Council of Australasia called councHAct and known as The Australasian Orders in Lunacy Act 1891 or of §,„'„'•No!

section one hundred and thirty-four of this Act. constitution J Act s. VII.


SCHEDULES.

Section Z FIRST SCHEDULE.

Number of Act. Title of Act. Extent of Repeal.

3721 . . Mental Hygiene Act 1928 So much as is not already repealed.

4157 . . Mental Hygiene Act 1933 So much as is not otherwise repealed.

Item in Schedule 4264 . . Statute Law Revision Act 1934

So much as is not otherwise repealed.

Item in Schedule referring to Lunacy Act 1928.

4485 . . Statute Law Revision Act 1937 Item in Schedule referring to Lunacy Act 1928.

4654 . . Public Trustee Act 1939 Clause 7 of First Schedule.

4704 . . Mental Deficiency Act 1939 Section 3. 4821 . . Mental Hygiene Act 1941 The whole. 4948 . . Mental Hygiene Act 1943 The whole. 4963 . . Mental Hygiene (Mode of Citation) Act So much as is not

1943 already or otherwise repealed.

5317 . . Public Officers Salaries Act 1948 Section 2 (4). 5329 . . Master of the Supreme Court Act 1948 Clause 3 of Part B

of Schedule. 5519 . . Mental Hygiene Authority Act 1950 . . So much as is not

already or otherwise repealed.

5602 . . Statute Law Revision Act 1951 Items in the Schedule referring respectively to Mental Hygiene Act 1928, Mental Hygiene Act 1933, and Mental Hygiene Authority Act 1950.

5819 . . Mental Hygiene (Maintenance) Act 1954 So much as is not otherwise repealed.

Clause 24 of Schedule.

The whole.

5914 . . Limitation of Actions Act 1955



The whole. 5923 . . Mental Hygiene (Amendment) Act 1955



The whole.

Section2*. SECOND SCHEDULE (No. 1). ORDER OF JUSTICE FOR THE APPREHENSION OF A PERSON DEEMED TO BE INSANB

AND WITHOUT SUFFICIENT MEANS OF SUPPORT, ETC.

In the Bailiwick. To a member of the Police Force of Victoria and to all other

members of the said Force. Whereas it hath been made to appear to me the undersigned a justice of the

peace by information upon oath that R.S. of [insert residence and occupation if any] a person deemed to be insane is without sufficient means of support [or is wandering at large] [or has been discovered under circumstances that denote a purpose of committing some offence against the law]. Now I require you to apprehend the said R.S. and bring him before any two justices.

Given under my hand this day of One thousand nine hundred and at in the said Bailiwick.

J.P.


SECOND SCHEDULE (No. 2). Section25. ORDER OF JUSTICE FOR THE EXAMINATION OF A PERSON DEEMED TO BE INSANE

AND NOT UNDER PROPER CARE AND CONTROL OR ETC. ETC. In the Bailiwick. Whereas it has been made to appear to me the undersigned justice upon

information upon oath that R.S. of [here insert residence and occupation if any] a person deemed to be insane is not under proper care and control [or is cruelly treated or neglected by a person having or assuming the care or charge of him or her]. Now I hereby direct and authorize you A.B., a medical practitioner to visit and examine the said R.S. and make inquiry and report to me in writing your opinion thereon.

Given under my hand this day of _ One thousand nine hundred and at in the said Bailiwick.

To A.B. J.P. for the said Bailiwick. Medical Practitioner residing at

THIRD SCHEDULE. Section 25. ORDER OF JUSTICE FOR THE APPREHENSION OF A PERSON DEEMED TO BE INSANE

AND NOT UNDER PROPER CARE AND CONTROL, ETC.

In the Bailiwick. To M.N. a member of the Police Force of Victoria and to all other

members of the said Force. Whereas it hath been made to appear to me the undersigned a justice of

the peace upon information upon oath that R.S. of [insert residence and occupation if any] a person deemed to be insane is not under proper care and control [or is cruelly treated or neglected by a person having or assuming the care or charge of him] and whereas it appears to me upon a personal visit to and examination of the said R.S. and inquiry by me into the matter so appearing upon such information [or upon the report of a medical practitioner directed and authorized by me by an order under my hand to visit and examine the said R.S. and to inquire into the matter so appearing upon such information and to report to me in writing his opinion thereupon] that the said R.S. is an insane person and is not under proper care and control [or is cruelly treated or neglected by the said person having or assuming the care or charge of him]. Now I require you M.N. to apprehend the said R.S. and take him before any two justices.


J.P.

FOURTH SCHEDULE. Section 26. FORM OF WARRANT.

To a member of the Police Force of Victoria. Whereas it appears to me E.F. a justice of the peace in and for the

Bailiwick in Victoria by the information on oath of J.K. of in the said Bailiwick that R.S. a person deemed to be insane is detained in contraventon of the provisions of the Mental Hygiene Act 1958 in [house room premises or place] known as [here insert a description of the house room premises or place] this is therefore in the name of Our Lady the Queen to require you with [the Chief medical officer of the Mental Hygiene Authority or a medical practitioner to be named] and with such assistants as you may find necessary to enter into the said house [room premises or place] and if necessary to use force for making such entry whether by breaking open doors or otherwise.

If on such entry the said R.S. be found to be so detained and the said [Chief medical officer or medical practitioner] certify in writing that in his opinion the said R.S. is insane then you shall apprehend the said R.S. and bring him before two justices of the peace to be dealt with according to law and for so doing this shall be your warrant.


J.P.


&cUons927, FIFTH SCHEDULE. FORM OF MEDICAL CERTIFICATE.

I the undersigned being a medical practitioner hereby certify that I on the day of One thousand nine hundred and at

[here insert particulars of the place of examination as the street number of the house or other particulars] in the State of Victoria separately from any other medical practitioner personally examined R.S. of [insert residence and occupation if any] and that the said R.S. is insane and a proper person to be taken charge of and detained under care and treatment and that I have formed <his opinion upon the following grounds, viz.:—

1. Facts indicating insanity observed by myself [here state the facts]. 2. Other facts (if any) indicating insanity communicated to me by

others [here state the information and from whom]. Dated this day of One thousand nine hundred

and at in the State of Victoria. Signature Qualifications Place of abode

Section27. SIXTH SCHEDULE (No. 1). ORDER FOR CONVEYANCE TO MENTAL HOSPITAL.

In the Bailiwick. We the undersigned justices having called to our assistance A.B. and C D .

medical practitioners and having examined R.S. of [insert residence and occupation if any] who has been brought before us as being deemed to be insane and having made such inquiry relative to the said R.S. as we have deemed necessary and being upon such examination [if other evidence of the insanity add " with other proof"] satisfied that the said R.S. is insane and without sufficient means of support [or is insane and was wandering at large] [or is insane and was discovered under circumstances that denoted a purpose of committing some offence against the law] [or is insane and is not under proper care and control] [or is insane and is cruelly treated or neglected by N.O. a relative or a person having the care and charge of him] [or is insane and was detained in contravention of any of the provisions of the Mental Hygiene Act 1958 in any house room premises or place] and that he is a proper person to be taken charge of and detained under care and treatment do hereby direct you K.L. the Superintendent of the mental hospital at to receive into the said hospital the said R.S.

Given under our hands this day of One thousand nine hundred and at in the said Bailiwick.

J.P. for the said Bailiwick. J.P. for the said Bailiwick.

SIXTH SCHEDULE (No. 2). Section 28. ORDER OF JUSTICES SUSPENDING THE EXECUTION OF THE ORDER MADE IN THE

FORM OF THE SIXTH SCHEDULE (No. 1).

In the Bailiwick. To M.N. a member of the Police Force of Victoria and to all other members

of the said Force. Whereas we the undersigned justices have given an order under our hands in

the form of the Sixth Schedule (No. 1) to the Mental Hygiene Act 1958, directing that R.S. of [here insert residence and occupation if any] be conveyed to and received into the mental hospital at and whereas we deem it expedient to suspend the execution of such order and whereas arrangements have been made at for the proper care and control of the said R.S. Now we hereby direct that the execution of the said order shall be suspended for a period not exceeding fourteen days and we do further direct you M.N. to convey the said R.S. to the said place there to be kept under proper care and control until his removal to the said hospital.


(Signed) J.P. for the said Bailiwick. J.P. for the said Bailiwick.


SEVENTH SCHEDULE. Sections 27.30. [// any of the particulars in this statement be not known, the fact to be so

stated.] Name of patient with surname and christian or other name at length Sex and age Married single or widowed Number of children Age of youngest child -Previous occupation (if any) Habits of life Native place The religious persuasion as far as known Previous place of abode Whether first attack Age [// known] on first attack When and where previously under care and treatment Duration of existing attack Supposed cause Whether subject to epilepsy Whether suicidal Whether dangerous to others Whether destructive Name of one or more of the relatives of the patient [// possible] Name of insane relatives (if any)

(Signed) [Name] When the person signing the statement is not the person who signs the request

the following particulars concerning the person signing the statement are to be added, viz. :—

Occupation [if any] Place of abode Degree of relationship [if any] or other circumstances of connexion with

the patient.

EIGHTH SCHEDULE. Section 29. CERTIFICATE FOR PAYMENT OR REMUNERATION TO MEDICAL PRACTITIONERS AND

OF OTHER EXPENSES.

We the undersigned do hereby certify that the sum of is* a reasonable remuneration to be paid to A.B. and C D . medical practitioners by whom R.S. of [insert residence and occupation if any] was by us caused to be examined under the provisions of the Mental Hygiene Act 1958 for the examination of the said R.S.

Given under our hands this day of One thousand nine hundred and at in the Bailiwick.

To the Mental Hygiene Authority. J.P. J.P. [• / / the sum to be certified be for any other of the expenses referred to in section twenty-

nine of the Act. here insert what such expenses are for instead of or in addition to what follows the asterisk In the above form.]

NINTH SCHEDULE. Section 30. I the undersigned hereby request you to receive R.S. a person certified to be

insane into the hospital [or private mental home] of which you are the superintendent. Subjoined is a statement respecting the said R.S.

Name of person signing the order Occupation [if any] of that person Place of his abode Degree of relationship [// any] or other circumstances of connexion of Ihe

person signing the order with the person so certified to be insane. Dated this day of One thousand nine hundred and

in the State of Victoria. (Signed)

To the Superintendent of the mental hospital or [private mental home] at

l » N> i—

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II II

ooC vo a w o B

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si

- * H ^ Male. SP Female.

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Date of Last Previous Reception (if any).

Number in Order of Reception.

Date of Reception.

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Married.

Single.

Widowed. Ill

i i M

Previous Place of Abode.

By whose Authority Sent

Date of Medical Certificates and by whom Signed.

If

"II

IN Supposed Cause of Insanity.

Bodily Condition and Name of Disease (if any).

Epileptics.

Congenital Idiots.

Years.

Months.

Weeks. Ill

Number of Previous Attacks.

Age on First Attack.

Date of Discharge, Removal, or Death.

Recovered.

Relcived.

Not Improved.

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Died.

Observations.

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ELEVENTH SCHEDULE.

FORM OF "MEDICAL JOURNAL."

Section 41.

Number of Patients.

Males. Females

Patients who are or since the last entry have been under Restraint or in Seclusion, when and for what period and reasons, and in cases of restraint by what means.

Males. Females. Males. Females,

Patients under Medical Treatment

and for what (if any) .a

Bodily Disorder. CH

ition

it

al.

ition

it

al.

•o a Males. Females. el

Deaths, Injuries

and Violence

to Patients since

the last entry.

TWELFTH SCHEDULE. Section 4i FORM OF NOTICE OF DEATH.

I the undersigned hereby give you notice that R.S. a patient received into this hospital [or private mental home] on the day of died therein in the presence of on the day of and t the undersigned Superintendent certify that the apparent cause of death [as ascertained by post mortem examination (if so)] was

(Signed) Superintendent of the mental hospital

[or private mental home] at (Signed)

Secretary of the said hospital [or private mental home]. Dated the day of One thousand nine hundred and

THIRTEENTH SCHEDULE. Section 43. FORM OF NOTICE OF DEATH DISCHARGE REMOVAL TRANSFER ESCAPE OR

RECAPTURE.

I hereby give you notice that R.S. a patient received into this hospital [or private mental home] on the day of died (or was discharged therefrom recovered [or relieved or not improved] or was removed to [mentioning the place to which removed] or escaped or was recaptured by the authority of

) on the day of (Signed)

Secretary of the mental hospital at [or private mental home].

Dated day of One thousand nine hundred and


Section 43. FOURTEENTH SCHEDULE. REGISTER OF DISCHARGES REMOVALS AND DEATHS.

1 I s

61

Sex.

M. F.

Discharged.

Recovered.

M. F.

Relieved.

M. F.

Not improved.

Removed, and to what

Hospital.

Relieved.

M. F.

Not improved.

M. F.

Died.

M. F.

Age at Death.

M. F.

Sections 47, 49.

FIFTEENTH SCHEDULE. FORM OF MEDICAL CERTIFICATE TO ACCOMPANY ORDER OR REQUEST FOR

RECEPTION OF A PERSON AS A PATIENT INTO A RECEIVING HOUSE OR WARD.

I the undersigned being a medical practitioner hereby certify that I on the day of One thousand nine hundred and

at [here insert the particulars of the place of examination as the street number of the house or other particulars] in the State of Victoria separately from any other medical practitioners personally examined R.S. of [insert residence and profession or occupation if any] and that the said R.S. is suffering from a mental disorder which renders it desirable that he should be placed under observation and received into a receiving house [or receiving ward]. And I further certify that I have formed my opinion on the following grounds, viz. :—

1. Facts observed by myself [here state the facts]. 2. Other facts (if any) communicated to me by others [here state

the information and from whom]. (Signed)

Qualification Place of abode

Dated this day of One thousand nine hundred and at in the State of Victoria.

Section 47. SIXTEENTH SCHEDULE. ORDER BY ONE JUSTICE FOR THE CONVEYANCE TO A RECEIVING HOUSE OR

RECEIVING WARD OF A PERSON APPREHENDED UNDER THE Mental Hygiene Act 1958.

In the Bailiwick. To M.N. a member of the Police Force of Victoria and to all othei

members of the said Force. And to K.L. Superintendent [or Medical Officer] of the receiving

house or receiving ward at Whereas R.S. of a person apprehended under the provisions of

the Mental Hygiene Act 1958 has been brought before me the undersigned and whereas A.B. a medical practitioner has signed the attached certificate in the form of the Fifteenth Schedule of the said Act I hereby require you to convey the said R.S. to the receiving house [or receiving ward] at of which K.L. is Superintendent [or Medical Officer]; and I further require you to bring the said R.S. before any two justices so soon as practicable to be dealt with under this Act.

And I hereby require you the said K.L. to receive into the said receiving house [or receiving ward] the said R.S. subject to the provisions of the said Act.

Given under my hand the day of One thousand nine hundred and at in the said Bailiwick.

J.P. for the said Bailiwick.


SEVENTEENTH SCHEDULE. Section 48.

ORDER BY TWO JUSTICES FOR THE CONVEYANCE TO A RECEIVING HOUSE OR RECEIVING WARD OF A PERSON REMANDED BY JUSTICES UNDER THE Mental Hygiene Act 1958 AND FOR HIS RECEPTION THEREIN.

In the Bailiwick. To M.N. a member of the Police Force of Victoria, and to all other

members of the said Force. And to K.L. Superintendent [or Medical Officer] of the receiving

house [or receiving ward] at Whereas R.S. has been brought before us the undersigned

justices under the provisions of the Mental Hygiene Act 1958 and whereas it appears to us to be advisable to remand the said R.S. we hereby require you to convey the said R.S. to the receiving house [or receiving ward] at of which K.L. is Superintendent [or Medical Officer]; and within a period of not more than days we further require you to bring the said R.S. before us or any other two justices to be dealt with according to law.

And we hereby require you the said K.L. to receive into the said receiving house [or receiving ward] the said R.S. subject to the provisions of the said Act.


J.P. for the said Bailiwick. J.P. for the said Bailiwick.

EIGHTEENTH SCHEDULE. Section 48. ORDER OF ONE JUSTICE OR TWO JUSTICES WHERE THERE IS NO ACCOMMODATION

IN A RECEIVING HOUSE OR RECEIVING WARD FOR THE RECEPTION OF A PATIENT.

In the Bailiwick. To M.N. a member of the Police Force of Victoria and to all members of the

said Force. I my

Whereas the undersigned justice have given an order under—hand in we our

Sixteenth the form in the Schedule to the Mental Hygiene Act 1958 directing that

Seventeenth R.S. of [here insert residence and occupation if any] be conveyed to and received into the receiving house [or receiving ward] at and whereas it has been

me made to appear to that there is no accommodation in the said receiving house

us [or receiving ward] for the said R.S. and whereas arrangements have been made

I at for the proper care and control of the said R.S. Now do

we hereby require you M.N. to convey the said R.S. to the said place to be there kept until he can be received into the said receiving house [or receiving ward],

my Given under hand this day of One thousand

our nine hundred and at in the said Bailiwick.

(Signed) J.P. for the said Bailiwick. J.P. for the said Bailiwick.


Section 49. NINETEENTH SCHEDULE.

REQUEST FOR RECEPTION OF PATIENT INTO RECEIVING HOUSE.

I the undersigned hereby request you to receive R.S. as a patient into the receiving house of which you are the Superintendent for a period of one calendar month subject to the provisions of the Mental Hygiene Act 1958. Subjoined is a statement regarding the said patient.

Person signing the request Occupation of that person Abode of that person Degree of relationship or other connexion of that person with the patient.

Dated this day of One thousand nine hundred and at in the State of Victoria.

To K.L. Superintendent of the receiving house at

(Signed)

Section 49. TWENTIETH SCHEDULE. STATEMENT.

[// any of the particulars required in this statement be not known, the fact of such want of knowledge is to be so stated].

Name of patient with christian or other names at length Sex and age Married single or widowed Number of children Age of youngest child Previous occupation Habits of life Native place Religion Previous place of abode Whether first attack Age on first attack When and where previously under care and treatment Duration of existing attack Supposed cause Whether subject to epilepsy Whether suicidal Whether dangerous to others Whether destructive Name of one or more of the nearest relatives of the patient Name of insane relatives (if any)

(Signed) [Name.


TWENTY-FIRST SCHEDULE. Section 89.

FORM OF SUMMONS.

I the undersigned being the Chief medical officer of the Mental Hygiene Authority [or an official visitor of the mental hospital or hospital for the criminal insane or for the receiving house or for the private mental home situate at ] appointed under and by virtue of the Mental Hygiene Act 1958 do hereby summon and require you personally to appear before me at

on next the day of at the hour of in the noon of the same day and then and there to be examined and to testify the truth concerning certain matters relating to the execution of the said Act

Given under my hand this day One thousand nine hundred and

(Signed) Chief medical officer or Official Visitor.

TWENTY-SECOND SCHEDULE. Section 101.

CERTIFICATE OF CHIEF MEDICAL OFFICER OR SUPERINTENDENT THAT PATIENT FIT TO BE BOARDED OUT.

I the undersigned the Chief medical officer of the Mental Hygiene Authority or Superintendent of the mental hospital at hereby certify that R.S. a patient detained therein is harmless and is free from any symptoms which could indicate any tendency of a character dangerous either to the patient himself or to others.

Dated this day of One thousand nine hundred and

Chief medical officer of the Mental Hygiene Authority or Superintendent of the said Mental Hospital.