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Lunacy Act 1932 (NI)

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Act No. 4 of 1932
Other document - Other as made
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Regional Development and Cities
Registered 07 Dec 2015

 

NORFOLK                            ISLAND

 

 

LUNACY ACT 1932

                                 [Consolidated as at 8 March 2013

                              on the authority of the Administrator

                                          and in accordance with

                               the Enactments Reprinting Act 1980]

________

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Definitions

         3.      Application of Lunacy Act of New South Wales to Norfolk Island

         4.      References in Lunacy Act

         5.      Modifications of Act

         6.      Master and Deputy Master

         7.      Arrangements for accommodation of insane persons

         8.      Proceedings where person deemed to be insane is brought before the Court

         9.      Custody of insane persons and transfer to New South Wales

       10.      Insane persons treated in State deemed to be confined under Lunacy Act

       11.      Insane person discharged in State to be entitled to expenses of return

       12.      Strict compliance with forms in Schedule of Act not required

       13.      Rules of Court

       14.      Regulations

                  Schedule


 

NORFOLK                            ISLAND

 

 

Lunacy Act 1932

_______________________________________________________________________

 

An Act relating to Insane Persons.

Short title

      1.         This Act may be cited as the Lunacy Act 1932.

Definitions

      2.         In this Act, unless the contrary intention appears —

“Judge” means a Judge of the Supreme Court;

“the Court” means the Supreme Court of Norfolk Island;

“the Lunacy Act” means the Lunacy Act of 1898 of the State of New South Wales.

Application of Lunacy Act of New South Wales to Norfolk Island

      3.         After the commencement of this Act, the Lunacy Act of 1898 of the State of New South Wales, as modified by this Act, shall, so far as applicable, apply to Norfolk Island.

References in Lunacy Act

      4.         In the application of the Lunacy Act to Norfolk Island, unless the contrary intention appears and subject to the next succeeding section –

(a)        any reference to New South Wales shall be read as a reference to Norfolk Island;

(b)        any reference to the Governor or to the Colonial Secretary shall be read as a reference to the Minister;

(c)        any reference to the Court or to the Supreme Court shall be read as a reference to the Supreme Court of Norfolk Island;

(d)       any reference to a Judge or two or more Judges or to a Justice or two or more Justices shall be read as a reference to a Judge;

(e)        any reference to the consolidated revenue or to the consolidated revenue fund shall be read as a reference to the Public Account of Norfolk Island referred to in section 47 of the Norfolk Island Act 1979 of the Commonwealth;

(f)        any reference to the Government shall be read as a reference to the Administration;

 


(g)        any reference to the Registrar-General shall be read as a reference to the Registrar of Lands; and

(h)        any reference to adjacent colony shall be read as a reference to New South Wales.

Modifications of Act

      5.         The Lunacy Act, in its application to Norfolk Island, is modified in the manner shown in the Schedule to this Act.

Master and Deputy Master

      6.         (1)        The Minister may appoint an officer to exercise the powers and perform the functions of Master in Lunacy in Norfolk Island.

                  (2)        There shall be a Deputy Master in Lunacy who shall be appointed by the Minister and shall have and may exercise all the powers and functions of the Master in Lunacy –

(a)        during any absence of the Master in Lunacy from duty or from Norfolk Island;

(b)        during any vacancy in the office of Master in Lunacy; and

(c)        subject to the control and direction of the Master in Lunacy, at any other time.

                  (3)        Where the exercise of a power or function by the Master in Lunacy, or the operation of a provision of this Act or a provision of the Lunacy Act in its application to Norfolk Island, is dependent upon the opinion, belief or state of mind of the Master in Lunacy in relation to a matter, that power or function may be exercised by the Deputy Master in Lunacy, or that provision may operate, as the case may be, upon the opinion, belief or state of mind of the Deputy Master in Lunacy in relation to that matter.

Arrangements for accommodation of insane persons

      7.         The Minister may arrange with the Government of the State of New South Wales for the apprehension, care, treatment, maintenance and burial and for the payment of expenses therefore under the lunacy statutes of the State of New South Wales of persons transferred from Norfolk Island to that State in pursuance of this Act.


Proceedings where person deemed to be insane is brought before the Court

      8.         Section six of the Lunacy Act in its application to Norfolk Island is repealed and the following section inserted in its stead: –

“    6.         (1)        The Court before whom any person deemed to be insane is brought shall call to its assistance the medical practitioner who previously examined such person and signed a certificate with respect to such person in accordance with the form in Schedule Two of this Act and, if upon examination of such person and such medical practitioner, and upon proof (if any), the Court is satisfied that such person is insane and  —  

(a)        is without sufficient means of support;

(b)        was wandering at large;

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

(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,

the Court may by order in writing accompanied by such statement of particulars as is contained in Schedule Five declare such person to be a proper person to be taken charge of and detained under care and treatment.

                  (2)        The Court may examine the person deemed to be insane and any witness in the matter at any convenient place.

                  (3)        The Court may suspend the execution of any such order for any period not exceeding fourteen days and in the meantime give such directions and make such arrangements for the proper care and control of such person as it considers necessary.

                  (4)        If the medical practitioner 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 a medical practitioner certifies in writing that such person is fit to be removed.

                  (5)        Notwithstanding anything contained in this Act, any friend or relative may retain or take such person under his own care if he satisfies the Court before whom such person is brought that such person will be properly taken care of.”.

Custody of insane persons and transfer to New South Wales

      9. When any person is declared by the Court to be a proper person to be taken charge of and detained under care and treatment, the Minister may make arrangements for the transfer of such person to the State of New South Wales, and for his custody pending departure from Norfolk Island and in course of transfer, and for this purpose may make an order similar to that authorised by section 20 of the Lunacy Act.


Insane persons treated in State deemed to be confined under Lunacy Act

      10.       Any person who –

(a)        is transferred from Norfolk Island to the State of New South Wales in pursuance of this Act; or

(b)        prior to the commencement of this Act has, under any arrangement made between the Commonwealth and the State of New South Wales, been transferred from Norfolk Island and received into any hospital for the insane in that State,

shall, so long as he remains an inmate of any hospital for the insane in that State, and so long as the Administration is responsible, whether wholly or partly and whether as principal or as surety, for payment of his maintenance in that hospital, be deemed, with regard to the management and disposition of his property in Norfolk Island and the liability of his relatives therein to pay for or contribute to his maintenance, clothing, medicine and care, to be an insane person within the meaning of the Lunacy Act in its application to Norfolk Island.

Insane person discharged in State to be entitled to expenses of return

      11.       When any person transferred in pursuance of this Act to the State of New South Wales is discharged from a hospital for the insane in that State, he shall, on application made in such manner and within such time as is prescribed, be entitled to be returned to Norfolk Island at the expense of the Administration.

Strict compliance with forms in Schedule of Act not required

      12.       Strict compliance with the forms in the Schedules to the Lunacy Act shall not be required and substantial compliance shall suffice for the purposes of this Act.

Rules of Court

      13.       (1)        A Judge may make Rules of Court for regulating the form and mode of proceedings before the Court and before and by the Master in Lunacy for carrying out and giving effect to the several objects of Parts VII and VIII of the Lunacy Act in its application to Norfolk Island so far as those Parts relate to the powers and duties of the Court or of the Master in Lunacy, and for regulating the practice and forms in all matters of lunacy.

                  (2)        All Rules of Court made in pursuance of this section shall be published or notified in the Gazette and copies thereof shall be forwarded to the Minister after the making thereof.

                  (3)        The Minister may, by notification in the Gazette, disallow any rule of Court and thereupon the rule so disallowed shall cease to have effect.

                  (4)        Unless and until Rules of Court are made in pursuance of this section in relation to any particular matter, the provisions of the Lunacy Rules 1900, of the State of New South Wales, as in force in that State on the seventh day of October, One thousand nine hundred and thirty-two, shall mutatis mutandis regulate the practice and procedure of the Court on that matter, but the Chief Magistrate may make rules repealing, amending, adding to or in substitution for those Rules.

Regulations

      14.       (1)        The Administrator may make Regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act or the Lunacy Act in its application to Norfolk Island.

 

Schedule

Modifications of Lunacy Act of 1898 of New South Wales in its Application to Norfolk Island

 

Part or Section of Act

How Affected

Section 4

Omit “two Justices” (wherever occurring), insert “the Court to be dealt with under section six of this Act”.

Section 5

Omit “two or more Justices” insert “the Court to be dealt with under the next succeeding section”.

Section 7

Omit “The Justices”, insert “The Court”.

Section 8

Repeal and insert–

“      8.     Where a person is examined by a medical practitioner in pursuance of the preceding provisions of this Act, the Court may grant a certificate for the payment of remuneration to the medical practitioner, and of all other expenses in or about the examination of that person and the bringing him before the Court and of conveying him to an hospital for the insane, licensed house, reception house, or other place, or for his proper care and control, as to the Court may seem proper, and those expenses, where they cannot be obtained from the estate of the person examined, shall be defrayed out of the Public Account of Norfolk Island referred to in section 47 of the Norfolk Island Act 1979 of the Commonwealth”.

Sections 14 to 18 (inclusive)

Omit.

Section 20(1)

Omit “the Justices, on proof to their”, insert “the Court, on proof to its”.

Omit “nominated by the Government thereof and named in the order”.

Section 20(2)

Omit “The Justices”, insert “The Court”.

 

Omit “named in the order”.

Section 21

Omit.

Sections 23 and 24

Omit.

Parts II to VI (inclusive)

Omit.

Section 101

Omit.

Section 114

Omit.

Section 115

Omit “and the Master in Equity for the time being shall be also the Master in Lunacy, and the Governor may”, insert “to be appointed by the Minister, who may also”.

Section 118

Omit “such public moneys as may be appropriated by Parliament for that purpose”, insert “the Public Account of Norfolk Island referred to in section 47 of the Norfolk Island Act 1979 of the Commonwealth”.

Section 126(j)

Section 128

Omit “ ‘Real Property Act,’ or any Act”, insert “Conveyancing Act 1913 or any Act”.


 

Part or Section of Act

How Affected

Section 130

Omit from subsection (2) “as aforesaid, pay all other money coming to his hands into the Treasury to the credit of a trust fund”, insert “as is directed by the Minister, pay all other money coming to his hands into the Trust Fund referred to in section 11 of the Public Moneys Act 1979”.

Omit from subsection (3) “Treasury”, insert “ Trust Fund referred to in subsection (2)”.

Section 132

Omit.

Section 134

Omit “under the provisions of this Act”.

Section 142

Omit “ ‘Deserted Wives and Children Act of 1840,’ or any Act”.

Section 150

Omit “ ‘Real Property Act,’ or any Act”, insert “Conveyancing Act 1913 or any Act”.

Sections 169 and 170

Omit.

Schedule Three

Omit.

Schedules 7 to 18 (inclusive)

Omit.

 

 

 

NOTES

The LunacyAct 1932 as shown in this consolidation comprises Act No. 4 of 1932 and amendments as indicated in the Tables below.

Enactment

Number

and year

Date of

commencement

Application saving or transitional provision

 

 

 

 

Lunacy Act 1932

4, 1932

8.10.32

 

 

 

 

 

Administration Act 1936

14, 1936

16.12.36

 

 

 

 

 

Lunacy Act 1950

3, 1950

30.1.51

 

 

 

 

 

Lunacy Act 1951

5, 1951

30.10.51

 

 

 

 

 

Lunacy Act 1957

2, 1957

4.4.57

 

 

 

 

 

Lunacy Act 1958

3, 1958

4.2.58

 

 

 

 

 

Acts Revision Act 1964

6, 1964

30.6.64

 

 

 

 

 

Statute Law Revision (Self-Government) No. 3 Act 1991

15, 1991

1.11.91

 

 

 

 

 

[Previously consolidated as at 14 June 2006]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

________

 

Table of Amendments

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

Provision affected

How affected

 

 

 

 

 

1

am

2, 1963

2

am

14, 1936;  6, 1964

4

am

14, 1936;  2, 1957;  6, 1964; 15, 1991

6

am

15, 1991

6(2),  6(3)

ad

3, 1958

7

am

15, 1991

8

am

14, 1936;  2, 1957

9

am

14, 1936;  6, 1964

10

rs

3, 1950

10

am

15, 1991

11

am

15, 1991

13(1)

am

6, 1964

13(4)

ad

5, 1951

13

am

15, 1991

14(2),  14(3)

rep

6, 1964

14

am

15, 1991

Schedule

am

2, 1957;  6, 1964; 15, 1991

 

 

 

 

 

© Norfolk Island Government 2013

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.