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Fiji Legislation |
LAWS OF FIJI
Ed. 1978]
CHAPTER 113
ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
SECTION
1.
Short title.
2.
Interpretation.
3. Establishment of
mental hospitals.
4. Minister to make
regulations.
5.
Management.
6. Patients to be kept
until discharge, decease or release, on
trial.
7. Powers of police
officers.
PART II - ADMISSION OF PATIENTS
8. Magistrate may order
apprehension of person supposed to be of unsound mind for
examination.
9. Magistrate may commit
to mental hospital upon oath of registered medical
practitioner.
10. Registered medical
practitioner to give certificate.
11.
Provision in case of the absence of a registered medical
practitioner.
12. Reception
order.
13. Urgency
orders.
14. Special
orders.
15. Patient may be admitted on
application by relatives or person in
charge.
16. Power to receive voluntary
patients.
17. Superintendent to send
notice of admission of patient.
18.
Mental Hospital Register.
19. Superintendent shall not refuse qualified patient without direction of Visitors.
20. Superintendent may on emergency detain person supposed to be of unsound mind.
PART III - SPECIAL POWERS AND DUTIES OF THE VISITORS
21. Visits to be made not
less than once every three months.
22.
Visitors to make report to the Minister each
year.
23. Special
reports.
24. Visits may be made at any
time.
25. Patients'
letters.
PART IV - GENERAL POWERS AND DUTIES OF A SUPERINTENDENT
26. Superintendent to
visit mental hospital three times a
week.
27. Subordinate
officers.
PART V - DISCHARGE, DEATH OR ESCAPE OF PATIENTS
28. Discharge, death or
escape of patients to be notified.
29.
Inquiry in case of death.
30. Entries
to be made in Hospital Register.
31. Minister may order discharge or removal of prisoner on certificate of superintendent.
32. Superintendent may
discharge patient if fit.
33. Visitors
may order discharge of patient.
34. Discharge of patients admitted on own application or on application of relatives or guardian.
35. Escaped patient may be
apprehended.
36. Removal of patient to
hospital.
37. Certificates to remain
in force.
38. Supreme Court may order
patient to be brought before it for examination.
PART VI - PROVISIONS REGULATING PROCEEDINGS IN INQUIRIES INTO UNSOUNDNESS OF MIND
39. Court may order
inquiry.
40. Application by whom
made.
41. Provision as to notice of
inquiry.
42. Power to examine person
alleged to be of unsound mind.
43.
Questions to be decided by Court.
44.
Order as to costs.
45. Appointment of
committees.
46. Powers of management
of estate of person of unsound
mind.
47. Power of Chief Registrar to
receive proposal.
48. Chief Registrar
to report to Court.
49. What relatives
may attend proceeding.
50. Orders may
be made on petition.
51. Dealing with
property of person of unsound mind for certain
purposes.
52. Committee to execute
instruments.
53. Performance of
contract.
54. Partner found to be of
unsound mind.
55. Disposal of business
premises.
56. Committee may dispose of
lease.
57. Transfer of stock of person
of unsound mind.
58. Transfer of
property of person of unsound mind residing out of
Fiji.
59. Power to order maintenance
without appointing committee.
60.
Temporary provision for maintenance of person of unsound
mind.
61. Order for detention of
person of unsound mind.
62. Annulling
proceedings.
63. Discharge of person
found on inquiry not to be of unsound mind.
PART VII - MISCELLANEOUS
64. Maintenance of
patients.
65. Ill-treatment of
patients.
66. Penalty for conniving at
escape of patient.
67. Copies of reception order and other documents to be furnished.
68. Fees and remission thereof.
69. Construction of
laws.
70. Certified mental
patients.
71. Burden of proof and
presumptions.
72.
Regulations.
--------------------------------
Ordinances
Nos. 8 of 1940, 2 of 1945, 1 of 1948, 13 of
1962,
31 of 1962,
24 of 1964, 37 of 1966, Acts No. 47 of 1971, 14 of 1975.
AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO PERSONS OF UNSOUND MIND AND TO PROVIDE FOR THE RECEPTION AND DETENTION OF SUCH PERSONS IN MENTAL HOSPITALS
[28th February, 1940.]
PART I - PRELIMINARY
Short title
1. This Act may be cited
as the Mental Treatment Act.
Interpretation
2. In this Act, unless the
context otherwise requires-
"Court" means the Supreme Court;
"patient" means a person received into a mental hospital in accordance with the provisions of this Act;
"Permanent Secretary" means the Permanent Secretary for Health;
"person of unsound mind" includes an idiot;
"registered medical practitioner" means a medical practitioner registered under the Medical and Dental Practitioners Act; (Substituted by 14 of 1975, s. 24.)
(Cap. 255.)
"Chief Registrar" means the Chief Registrar of the Supreme Court.
Establishment of mental hospitals
3. The Minister may
establish mental hospitals for the reception and detention of persons of unsound
mind at such places as he thinks
fit.
Minister to make regulations
4.-(1) The management of
every mental hospital and the care and custody of its inmates shall be subject
to such regulations as shall
from time to time be made under this Act by the
Minister.
Board of Visitors
(2) The Minister shall
appoint for every mental hospital a Board of Visitors of not less than three
persons. The chairman of every
such board shall be such member as the Minister
shall appoint.
(3) The Permanent
Secretary shall ex
officio be a Visitor to all mental
hospitals in Fiji.
Management
5. Every such mental
hospital and the patients therein shall be under the care and superintendence of
a registered medical practitioner
(hereinafter called a superintendent) to be
appointed by the Permanent Secretary. A superintendent shall be assisted by such
officers
and servants as the Permanent Secretary may appoint for that purpose.
(Amended by 24 of
1964, s. 3.)
Patients to be kept until discharge, decease or release on trial
6. Every person admitted
to a mental hospital as a patient shall be kept therein until his decease,
discharge or release on trial
under the provisions of this Act, and, while
detained in a mental hospital, shall be subject to the directions of the
superintendent
and to the observance of any regulations which may be made under
the provisions of this Act.
(Amended by 24 of
1964, s. 4.)
Powers of police officers
7. Any police officer may
arrest without a warrant any person whom he has reason to believe to be
dangerous by reason of unsoundness
of mind or is found wandering at large and
whom he has reason to believe to be of unsound mind. A person so arrested shall
be taken
forthwith before a magistrate and shall be dealt with as if he were a
person brought before the magistrate in accordance with the
provisions of
section
8.
(Inserted by 1 of
1948, s. 2, and amended by 24 of 1964, s. 5.)
PART II - ADMISSION OF PATIENTS
Magistrate may order apprehension of person supposed to be of unsound mind for examination
8. If it shall have been
made to appear to any magistrate by information on oath that any person
suspected of being of unsound mind
is at large or is dangerous to himself or
others, or is not under proper care and control, or is cruelly treated or
neglected by
any relative or other person having the care or charge of him, it
shall be lawful for such magistrate by order under his hand to
require any
police officer to apprehend such person and bring him before himself for the
purpose of examination as hereinafter provided.
Magistrate may commit to mental hospital upon oath of registered medical practitioner
9. If any person be
brought before a magistrate under an order issued as provided for in section
8,
such magistrate shall call to his assistance a registered medical practitioner
who shall separately examine such person, and if
upon view and examination of
the person so brought before him and upon proof on oath by the said practitioner
and on any other proof
the magistrate is satisfied that such person is a person
of unsound mind and was at large, or was dangerous to himself and others,
or was
not under proper care and control, or was cruelly treated or neglected by any
relative or other person having the care or
charge of him, such magistrate may,
by warrant under his hand in the prescribed form, commit such person to a mental
hospital, and
until such person can be removed to a mental hospital, give such
directions or make such arrangements for the proper care and control
of such
person as he may deem necessary. Such warrant shall be sufficient authority to
the person to whom it is addressed to remove
such person accordingly and,
subject to the directions and arrangements aforesaid, to keep him in safe
custody until such removal
can be effected.
(Amended by 24 of
1964, s. 6.)
Registered medical practitioner to give certificate
10. The registered medical
practitioner assisting at such examination as aforesaid shall fill up and sign a
certificate in the prescribed
form and, except as hereinafter provided, no
person shall be committed by a magistrate to a mental hospital unless such
certificate
shall have been first signed as aforesaid. The said examination may,
if the magistrate thinks fit, be held at the abode of the person
examined or at
such other proper and convenient place as he may direct.
(Amended by 24 of
1964, s. 6.)
Provision in case of the absence of a registered medical practitioner
11. If for any reason the
assistance of a registered medical practitioner be not procurable for the
purpose of an examination as aforesaid,
the magistrate may exercise the powers
conferred upon him by section
9
without such assistance, but in such case the person committed to the mental
hospital shall not be detained therein for a longer
period than seven days from
the date of his admission, unless a certificate in the prescribed form having
reference to such person
shall have been signed by a registered medical
practitioner other than the superintendent and deposited with the
superintendent.
(Amended by 24 of
1964, s. 6)
Reception order
12. Every magistrate
committing a person to a mental hospital as aforesaid shall make out and fill,
up an order in the prescribed
form. Such order shall be forwarded to the
superintendent as soon as possible and the superintendent shall refuse admission
to any
person committed by a magistrate as aforesaid, if he shall not have
previously received such order.
(Amended by 24 of
1964, s. 6.)
Urgency orders
13.-(1) Notwithstanding
the foregoing provisions of this Act, in cases of urgency where on the evidence
of a registered medical practitioner
it appears expedient either for the welfare
of a person alleged or supposed to be of unsound mind or for the public safety
that the
person alleged to be of unsound mind should be placed forthwith under
care and treatment or medical observation, he may upon an urgency
order made by
a magistrate be received and detained in a mental hospital or other convenient
place mentioned in the order, as the
magistrate may
direct.
(2) A magistrate may make
an urgency order in the prescribed form for a period not exceeding seven days on
the application of the
husband or wife or a relative of the person alleged to be
of unsound mind or of a police officer of or above the rank of
inspector.
(3) On an urgency order
being issued, the person alleged to be of unsound mind may be examined and kept
under observation by a registered
medical practitioner, who may at any time
within the period during which the order in the prescribed form is in force
issue a certificate
in the prescribed form, or may within a like period report
to the magistrate upon the circumstances and condition of the person alleged
to
be of unsound mind.
(Section amended by
24 of 1964, s. 6.)
(4) An urgency
order may be extended by a magistrate for one further period of seven
days.
Special orders
14.-(1) Notwithstanding
the provisions of any other law in force in Fiji, the Minister may in his
discretion discharge any person
in respect of whom there is in force an order
made under the provisions of sections
148
or
150
of the Criminal Procedure Code wheresoever detained, upon such conditions as the
Minister may think fit.
(Amended by 47 of
1971, s. 2.)
(Cap. 21.)
(2) The Minister may in
his discretion revoke any discharge granted under this section and thereupon it
shall be lawful for any police
officer to take such person into custody and
return him to the place from whence he was discharged and the said person shall
then
be detained in the said mental hospital, prison or other place as if the
order of discharge had not been made.
(Section substituted
by 24 of 1964, s. 7.)
Patient may be admitted on application by relatives or person in charge
15. Any person being
nearly related to or having the care or control of any person of unsound mind
may make application for his reception
in a mental hospital for the purpose of
medical care and treatment, but no person shall be received as a patient in
consequence of
such application unless the applicant shall have signed an order
in the prescribed form, and have furnished the statement of particulars
contained in such form, nor without the medical certificate according to the
prescribed form of two registered medical practitioners,
each of whom shall
separately from the other have personally examined the person to whom it
relates:
Provided that under
special circumstances preventing the examination of such person by two
registered medical practitioners as aforesaid
any person may be received into a
mental hospital upon the certificate of one registered medical practitioner, but
in such case the
statement annexed to the applicant's order shall set forth the
special circumstances which prevent the examination of such person
by two
registered medical practitioners, and the certificate in the prescribed form of
another registered medical practitioner shall
be furnished within seven days of
the patient's admission.
(Amended by 24 of
1964, ss. 6 and 9.)
Power to receive voluntary patients
16.-(1) Any person who is
desirous of voluntarily submitting himself to treatment for mental illness, and
who makes a written application
in the prescribed form to the superintendent,
may be admitted as a voluntary patient into a mental
hospital.
(2) Any person under the
age of eighteen whose parent or guardian is desirous of submitting him to
treatment for mental illness may,
if the parent or guardian makes to the
superintendent a written application in the prescribed form, be received as a
voluntary patient
under this section, but such person shall not be so received
on his own application.
(3) Any
person received as a voluntary patient under this section may leave the mental
hospital upon giving to the superintendent
in charge seventy-two hours' notice
in writing of his intention to do so, or if he is a person under the age of
eighteen, upon such
notice being given by his parent or guardian, and upon
leaving such hospital that person shall be deemed to be
discharged.
(4) For the purposes
of this section, the expression "guardian" in relation to a person under the age
of eighteen includes any person
having the charge of the person under such
age.
(5) The superintendent shall
refuse to admit any person under this section if he is of the opinion that the
case is not a proper one
for care and treatment in the mental hospital or that
such person ought more properly to be received under the other provisions of
this Act.
(6) A person when under
treatment as a voluntary patient shall not be deemed to be under care and
treatment for the purpose of any
Act relating to divorce unless such treatment
follows without any interval a period of detention in pursuance of any order
made under
the provisions of this Act.
(Section substituted
by 24 of 1964, s. 10.)
Superintendent to send notice of admission of patient
17. A superintendent
shall, within forty-eight hours of the admission of any patient into a mental
hospital, send notice in writing
thereof to the chairman of the Board of
Visitors with the superintendents' own opinion of the case specifying in every
such notice
the name of such patient and the authority under which he was
admitted.
Mental Hospital Register
18. A superintendent
shall, after his examination of a patient admitted into a mental hospital, make
or cause to be made an entry
with respect to such patient in a book to be kept
at the mental hospital for the purpose and to be called the "Mental Hospital
Register".
Such entry shall be made according to the prescribed form, and shall
be made within twenty-four hours of the examination except the
entry as to the
form of mental disorder, which shall be made as soon as the superintendent shall
have formed an opinion thereon,
and except the entry as to the discharge or
death or release on trial of the patient, which shall be made as hereinafter
mentioned.
(Amended
by 24 of 1964, s. 11.)
Superintendent shall not refuse qualified patient without direction of Visitors
19. Nothing in this Act
shall be held to give any person a legal right to admission or to maintenance in
a mental hospital but a superintendent
shall not without the direction of the
Visitors refuse to receive any patient duly qualified to be admitted and for
whom there may
be room in the mental hospital.
Superintendent may on emergency detain person supposed to be of unsound mind
20. Notwithstanding
anything in the previous sections contained, a superintendent may, if upon any
emergency he shall deem it necessary
to do so, detain in a mental hospital any
person whom he shall have reason to believe is a person of unsound mind without
any warrant
or order for any time not exceeding twenty-four hours. Any detention
under this section shall be forthwith reported by the superintendent
to the
chairman of the Board of Visitors.
PART III - SPECIAL POWERS AND DUTIES OF THE VISITORS
Visits to be made not less than once every three months
21. No fewer than two of
the Visitors shall, together once at least in every three months, inspect every
part of the mental hospital
and see and examine every person of unsound mind
therein and the order and certificate for the admission of every patient
admitted
since their last visitation and the books of the mental hospital, and
shall enter in a book to be kept for the purpose to (to be
styled "The Visitors'
Book") any remarks which they may deem proper in regard to the condition and
management of the mental hospital
and the patients therein and shall sign such
book upon every such visit.
Visitors to make report to the Minister each year
22. The Visitors shall, in
the month of January in every year, forward to the Minister a report in writing
of the state and condition
and management of the mental hospital and the conduct
of the superintendent and the servants thereof and the care of the patients
therein and in such report shall make such observations in relation to any
matters connected with the mental hospital as they may
think fit.
Special reports
23. In addition to the
annual report the Visitors, or any of them, shall make such reports upon any
matter connected with the mental
hospital as may be specially directed by the
Minister.
Visits may be made at any time
24. Any Visitor may visit
the mental hospital upon any day at such time and for such length of time as he
may think fit, and the superintendent
shall, on demand of such Visitor, show to
him every or any person detained in the mental hospital as a person of unsound
mind or
any part of the mental hospital or any house, out-house, place or
building connected therewith or in its curtilage.
Patients' letters
25. Every letter which may
be written by a patient to the Visitors or any of them shall be forwarded
unopened.
PART IV - GENERAL POWERS AND DUTIES OF A SUPERINTENDENT
Superintendent to visit mental hospital three times a week
26. A superintendent shall
visit and examine every patient admitted to a mental hospital within twenty-four
hours of his admission,
and shall make a general visit to the mental hospital at
least three times a week, and shall do and perform all such other acts and
duties as are hereinafter mentioned.
Subordinate officers
27. The subordinate
officers attached to a mental hospital shall, subject to any regulations which
may be in force, follow and obey
the directions of the superintendent as to the
care and treatment of any patient and no such officer shall be liable to any
action
for following any directions so given.
PART V - DISCHARGE, DEATH OR ESCAPE OF PATIENTS
Discharge, death or escape of patients to be notified
28. When any person is
discharged from a mental hospital or when any patient dies therein or escapes
therefrom, it shall be the duty
of the superintendent within twenty-four hours
of such discharge, death or escape to send notice in writing thereof to the
chairman
of the Board of Visitors.
Inquiry in case of death
29.-(1) On the death of
any person confined in a mental hospital the superintendent shall at once report
such death to a magistrate
of the Division in which such mental hospital is
situate who shall thereupon proceed to hold an inquiry into the cause of the
death
of the deceased:
Provided
that such magistrate may dispense with holding an inquiry if he considers that
there is no reasonable suspicion of culpability
and no other circumstance making
it desirable to hold an inquiry.
(Proviso inserted by
13 of 1962, s.
2.)
(2)
For the purpose of such inquiry the magistrate shall have all the powers
conferred upon magistrates under the Inquests Act.
(Amended by 24 of
1964, s. 14.)
(Cap. 46.)
Entries to be made in Hospital Register
30.
Upon the discharge of any patient from a mental hospital, or upon the death or
release on trial of any patient therein, the superintendent
shall, within
twenty-four hours of such discharge or death or release on trial, make or cause
to be made the appropriate entries
in the Mental Hospital Register.
(Amended by 24 of
1964, s. 15.)
Minister may order discharge or removal of prisoner on certificate of superintendent
31. If it is certified to
the Minister by a superintendent that any patient confined by order of the
Minister under the provisions
of the Criminal Procedure Code, or any law for the
time being in force relating to prisons is fit to be discharged therefrom, the
Minister may, by warrant under
his hand directed to the superintendent, order
that such person shall be remitted to the prison or place of confinement from
which
he shall have been taken, or, if the period of imprisonment or custody of
such person shall have expired, that he be discharged.
(Amended by 24 of
1964, s. 16.)
(Cap. 21.)
Superintendent may discharge patient if fit
32. If it appears to a
superintendent that any person detained in a mental hospital is fit to be
discharged therefrom he may order
such patient to be discharged and he shall be
discharged accordingly.
Visitors may order discharge of patient
33.-(1) It shall be lawful
for any two of the Visitors to make special visits to any patient detained in a
mental hospital and, if
after two distinct and separate visits not less than
seven clear days apart it shall appear to them that such patient is detained
without sufficient cause, they may make an order addressed to the superintendent
for the discharge of such patient and such patient
shall be discharged
accordingly:
Provided that the
superintendent shall have previous notice of the second of such visits, and, if
he protests against such discharge,
it shall not be made without the consent of
the Minister.
(2) The powers of
ordering the discharge of a patient conferred by this section and section
32
shall not apply to the case of persons sent to a mental hospital under order of
the Minister nor to any person confined in a mental
hospital under an order of
any court made under the provisions of the Criminal Procedure Code.
(Cap. 21.)
Discharge of patients admitted on own application or on application of relatives or guardian
34.-(1) If and when any
person who signed the order under the provisions of section
15
on which a patient was received into a mental hospital, shall, by writing under
his hand directed to the superintendent, request
that such patient be discharged
or released on trial, such patient shall be discharged or released on trial
accordingly.
If the person who
signed the order be dead, absent or incapable, the request may be made and
signed by the person who made the last
payment on account of the patient or by
the patient's nearest of kin (being an adult) resident in Fiji or by any person
who would
have the care and control of the patient upon his discharge or release
on trial and the patient shall be discharged or released on
trial accordingly.
(Amended by 24 of
1964, s. 17.)
(2) A person
admitted as a patient on his own application may be discharged by the
superintendent on his own
application.
(3) Notwithstanding
the foregoing provisions, no patient shall be discharged under this section if
the superintendent certifies that
in his opinion such person is dangerous and
unfit to be at large unless two of the Visitors and the Minister consent to such
discharge.
In such case the discharge may, if the Minister thinks fit, be made
conditional upon the friends or relatives of such patient entering
into
sufficient recognizance before a magistrate for the peaceable behavior of such
patient.
Escaped patient may be apprehended
35.-(1) If any patient
confined or detained in a mental hospital shall escape therefrom, the
superintendent or any person authorized
by him may at any time within one month
of such escape apprehend such patient and return him to the mental
hospital.
(2) Nothing in this
section limiting the time within which any patient may be retaken after escape,
or providing for his discharge
if not retaken, shall apply to any person
confined by order of the Minister under the provisions of section
14,
the Criminal Procedure Code, or any law for the time being in force relating to
prisons, and any such person may be retaken at any time after his escape.
(Inserted by 24 of
1964, s. I8.)
(Cap. 21.)
Removal of patient to hospital
36.-(1) Any patient
requiring special medical or surgical care may upon the order of the
superintendent be sent under proper control
to a public hospital to be specified
in such order. The superintendent shall, without delay, report a removal under
this subsection
to the chairman of the Board of
Visitors.
(2) The medical officer
in charge of a public hospital, to which a patient has been removed under
subsection (1), shall notify the
superintendent when in his opinion the patient
is sufficiently recovered to justify his discharge from hospital, and the
superintendent
shall forthwith cause the patient to be brought back to the
mental hospital.
Absence on trial of patient
(3) Any two Visitors to a
mental hospital with the advice in writing of the superintendent may permit a
patient in such mental hospital
to be absent on trial for so long as they think
fit. A permit under this subsection shall be in writing and-
(a) may be limited to a specified time; or
(b) may be limited to a specified place; or
(c) may allow a patient to be at large during the day between such hours as may be specified in the permit provided he returns to the mental hospital at the hour named in the permit and spends the night as a patient in the mental hospital; or
(d) may commit the patient to the care of a particular individual; or
(e) may combine any two or more of (a), (b), (c) and (d).
This
subsection shall not apply to any person admitted to a mental hospital on an
order of the Governor-General unless the consent
of the Governor-General or the
Minister, as the case may be, to the granting of such permission is first had
and obtained.
(Amended by order 7th
October, 1970.)
(4) If a person
allowed to be absent on trial for any period does not return at the expiration
thereof, and a certificate of a registered
medical practitioner certifying that
his detention as a person of unsound mind is no longer necessary is not sent to
the superintendent,
he may at any time within one month after the expiration of
the period of trial be retaken and returned to the mental hospital and
if not so
retaken, discharged.
(5) Any two
Visitors one of whom is a registered medical practitioner may, if they think
fit, order that a permit issued under subsection
(3) be cancelled, and such
order shall be sufficient authority to any person to whom it is addressed to
retake the patient and return
him to the mental hospital.
(Section amended by
24 of 1964, s. 19.)
Certificates to remain in force
37. In every case in which
any patient shall have been removed temporarily or released on trial under the
provisions of section
36
and also in every case in which any patient shall have escaped from a mental
hospital, the certificates relating to and the order
for the reception of such
patient into the mental hospital shall upon his return respectively remain in
force in the same manner
as the same would have done if such patient had not
been so removed or released on trial or had not so escaped and been
retaken:
Provided that such
certificates and order relating to a patient who has escaped, other than a
patient confined by order of the Governor-General
or Minister under the
provisions of section
14,
the Criminal Procedure Code, or any law for the time being in force relating to
prisons shall cease to be in force after the expiry of one month from the date
of such escape if the patient is not retaken during that period.
(Section amended by
24 of 1964, s. 20.)
(Cap. 21.)
Supreme Court may order patient to be brought before it for examination
38. If it appears to the
Court upon information upon oath or otherwise that any person of sound mind,
other than a criminal under
sentence or a person legally detained during the
pleasure of the Crown, is confined to a mental hospital against his will it
shall
have power to order the superintendent to bring such confined person
before it for examination at a time to be specified in such
order and if, upon
examination on oath of such confined person and of any medical or other witness
or witnesses who may be called
by the superintendent or the Court to testify as
to the state of mind of such person, it shall appear to the satisfaction of the
Court that such confined person is of sound mind and detained against his will,
the Court may order such person to be discharged
from the mental hospital and
the superintendent shall discharge such person accordingly.
PART VI - PROVISIONS REGULATING PROCEEDINGS IN INQUIRIES INTO UNSOUNDNESS OF MIND
Court may order inquiry
39.-(1) The Court may, on
such application as is hereinafter mentioned, make an order directing an inquiry
whether any person subject
to the jurisdiction of the Court who is alleged to be
of unsound mind, is or is not of unsound mind and incapable of managing himself
and his affairs.
(2) Such order
may also contain directions for inquiries concerning the nature of the property
belonging to the person alleged to
be of unsound mind, the persons who are his
relatives or next of kin, the time during which he has been of unsound mind or
such other
questions as to the Court shall seem proper.
Application by whom made
40. Application for such
inquiry may be made by any person related by blood or marriage to the person
alleged to be of unsound mind,
or by any officer in the public service of Fiji
nominated by the Minister for the purpose of making the
application.
Provision as to notice of inquiry
41.-(1) Reasonable notice
of the time and place appointed for the inquiry shall be given to the person
alleged to be of unsound mind.
(2)
If it shall appear that the person alleged to be of unsound mind is in such a
state that personal service on him would be ineffectual,
the Court may direct
such substituted service of the notice as it shall think
proper.
(3) The Court may also, if
it thinks fit, direct a copy of such notice to be served upon any person related
by blood or marriage to
the person alleged to be of unsound mind.
Power to examine person alleged to be of unsound mind
42. At any time after the
application for the inquiry the Court may require the person alleged to be of
unsound mind to attend at
such convenient time and place as the Court may
appoint for the purpose of being personally examined by the Court or by any
person
from whom the Court may desire to have a report of his mental capacity
and condition, and the Court may also make an order authorizing
any person or
persons named therein to have access to the person alleged to be of unsound mind
for the purpose of a personal examination.
Questions to be decided by Court
43. On the day fixed for
the inquiry, after receiving such reports and hearing such evidence and
arguments as it may think fit, the
Court shall decide whether the person who is
alleged to be of unsound mind is or is not of unsound mind and incapable of
managing
himself and his, affairs and shall also decide any other questions as
to which an inquiry has been directed.
Order as to costs
44. The Court may make
such order as may appear just respecting the costs of the inquiry and may
include therein such remuneration
to medical witnesses as the Court shall deem
reasonable:
Provided that no order
for the payment of costs shall be made against any officer nominated under the
provisions of section
40.
Appointment of committees
45.-(1) If the Court finds
that the person who is alleged to be of unsound mind is of unsound mind and
incapable of managing himself
and his affairs, the Court may, if it shall think
fit, appoint a committee or committees of the person and estate of such person
and may make such order, if any, as to the remuneration of the committee or
committees out of such person's estate, and as to the
giving of security by the
committee or committees, as to the Court may seem
fit.
(2) If the Court finds that
the person who is alleged to be of unsound mind is incapable of managing his
affairs, but is not dangerous
to himself or to others, the Court may appoint a
committee of his estate without appointing a committee of his
person.
Powers of management of estate of person of unsound mind
46. The Court may, on the
appointment of a committee or committees of the person or estate of a person of
unsound mind, direct by
the order of appointment or by any subsequent order that
the person to whom the charge of the estate is committed shall have such
powers
for the management thereof as to the Court shall seem necessary and proper,
reference being had to the nature of the property,
whether real or personal, of
which the estate may consist. But such powers shall not extend to the sale or
charge by way of mortgage
of the estate or any part thereof or to the letting of
any real property, unless for a term not exceeding three years.
(Amended by 37 of
1966, s. 38.)
Power of Chief Registrar to receive proposal
47. The Chief Registrar
shall be at liberty, without an order of reference, to receive any proposal and
conduct any inquiry respecting
the management of the estate of a person of
unsound mind if such proposal relates to any matter which the committee of the
estate
has not been empowered by an order under section
46
to dispose of. The Chief Registrar may likewise, without reference, receive and
inquire into any proposal relating to the sale or
charge by way of mortgage of
the estate or of any part thereof or to the letting of any immovable property
for a term exceeding three
years.
Chief Registrar to report to Court
48. The Chief Registrar
shall report to the Court on the proposal, and the Court shall, subject to the
provisions of this Act, make
such order upon the report and respecting the costs
as shall under the circumstances seem just.
What relatives may attend proceeding
49. The Court shall once
in the matter of each inquiry, and may afterwards from time to time, determine
whether any one or more and,
if any, how many and which of the relatives or next
of kin shall attend before the Chief Registrar at the cost of the estate in any
proceeding connected with the management thereof, and, if any such relative or
next of kin is an infant, may from time to time appoint
a fit person to be his
guardian for the purpose of such proceeding.
Orders may be made on petition
50. The Court may, on
application made to it by petition concerning any matter whatsoever connected
with the inquiry, make such order,
subject to the provisions of this Act,
respecting the application and the costs thereof and of the consequent
proceedings as shall
under the circumstances seem just.
Dealing with property of person of unsound mind for certain purposes
51. The Court may, if it
appears to be just or for the benefit of the person of unsound mind, order that
any property, real or personal,
and whether in possession, reversion, remainder,
contingency or expectancy, be sold, charged by way of mortgage, or otherwise
disposed
of as may seem most expedient for the purpose of raising money to be
applied for any of the following purposes-
(a) the payment of his debts, including any debts incurred for his maintenance or otherwise for his benefit;
(b) the discharge of any incumbrance on his estate;
(c) the payment of or provision for the expenses of his future maintenance and the maintenance of his family, including the expenses of his removal from Fiji, when he shall be so removed, and all expenses incidental thereto;
(d) the payment of the costs of any proceeding under this Act and of any costs incurred by order or under the authority of the Court. (Amended by 37 of 1966, s. 38.)
Committee to execute instruments
52. The committee of the
estate of the person of unsound mind shall, in his name and on his behalf,
execute all such conveyances and
instruments of transfer, relative to any sale,
mortgage or other disposition of his estate as the Court shall order. In like
manner
such committee shall, under the order of the Court, exercise all powers
whatsoever vested in a person of unsound mind, whether the
same are vested in
him for his own benefit or in the character of trustee or
guardian.
Performance of contract
53. Where a person having
contracted to sell or otherwise dispose of his estate or any part thereof
afterwards becomes of unsound
mind, the Court may, if the contract is such as
the Court thinks ought to be performed, direct the committee of the estate to
execute
such conveyances and to do such acts in fulfillment of the contract as
it shall think proper.
Partner found to be of unsound mind
54. If a member of a
partnership firm be found to be of unsound mind, the Court may, on the
application of the other partners or of
any person who appears to the Court to
be entitled to require the same, dissolve the partnership; and thereupon, or
upon a dissolution
by decree of Court or otherwise by due course of law, the
committee of the estate may, in the name and on behalf of the person of
unsound
mind, join with the other partners in disposing of the partnership property upon
such terms, and shall do all such acts for
carrying into effect the dissolution
of the partnership, as the Court shall think proper.
Disposal of business premises
55. Where a person of
unsound mind has been engaged in business the Court may, if it appears to be for
the benefit of his estate that
the business premises should be disposed of,
order the committee of the estate to sell and dispose of the same, and the
moneys arising
from such sale shall be applied in such manner as the Court shall
direct.
Committee may dispose of lease
56. Where a person of
unsound mind is entitled to a lease or underlease, and it appears to be for the
benefit of his estate that it
should be disposed of, the committee of the estate
may by order of the Court surrender, transfer or otherwise dispose of the same
to such person for such valuable or nominal consideration and upon such terms as
the Court shall think fit.
Transfer of stock of person of unsound mind
57. Where any stock or
Government or municipal securities or any. share or debenture in a public
company (transferable within Fiji
or the dividends of which are payable there)
are standing in the name of or are vested in, a person of unsound mind
beneficially
entitled thereto or a committee of the estate of a person of
unsound mind or a trustee for him, and the committee or trustee dies
intestate
or himself becomes of unsound mind or is out of the jurisdiction of the Court,
or it is uncertain whether the committee
or trustee be living or dead or he
neglects or refuses to transfer the stock, securities or shares or to receive
and pay the dividends
to a new committee or trustee, or as he directs, within
fourteen days after being required by him to do so, the Court may order some
fit
person to make such transfer or to transfer the same and to receive and pay over
the dividends in such manner as the Court may
direct, and such transfer or
payments shall be valid and effectual for all purposes.
Transfer of property of person of unsound mind residing out of Fiji
58. Where any property
situate in Fiji is standing in the name of or vested in any person residing out
of Fiji, the Court, upon being
satisfied that such person has been declared of
unsound mind and that his personal estate has been vested in a Committee,
curator
or manager according to the laws of the place where he is residing, may
order some fit person to make such transfer of the property,
or of any part
thereof, to such committee, curator or manager or otherwise, and also to receive
any and pay over any proceeds or
profits thereof as the Court may think fit; and
any act done in pursuance of such order shall be valid and effectual for all
purposes.
Power to order maintenance without appointing committee
59. If it appears to the
Court, having regard to the situation and condition in life of the person of
unsound mind and his family
and the other circumstances of the case, to be
expedient that his property should be made available for his or their
maintenance
in a direct and inexpensive manner, the Court may, instead of
appointing a committee of the estate, order that the property, if money,
or, if
of any other description, the produce thereof when realized, be paid to such
person as the Court may think fit to be applied
for the purpose aforesaid, and
all payments so made shall be a good discharge to the person making the
same.
Temporary provision for maintenance of person of unsound mind
60. If it appears to the
Court that the unsoundness of mind of a person is in its nature temporary, and
that it is expedient to make
temporary provision for his maintenance or for the
maintenance of his family, the Court may in like manner as under section
59
direct his property or a sufficient part of it to be applied for the purpose
aforesaid.
Order for detention of person of unsound mind
61. When upon any inquiry
under this Part any person shall have been found by the Court to be of unsound
mind and incapable of managing
himself and his affairs, the Court shall either
make an order for such person to be received into a mental hospital and send him
in suitable custody, together with the order for his reception, to the mental
hospital named in such order, or may, if any friend
or relative of such person
shall undertake in writing to the satisfaction of the Court that such person
shall be properly taken care
of and shall be prevented from doing injury to
himself or others, make him over to the care of such friend or
relative.
Annulling proceedings
62.-(1) When any person
has been found of unsound mind and it shall be shown to the Court, either on the
application of such person
or of any other person acting on his behalf or on the
information of any other person, that there is reason to believe that such
unsoundness of mind has ceased, the Court may make an order for inquiry whether
such person is or is not still of unsound mind and
incapable of managing himself
and his affairs.
(2) The inquiry
shall be conducted in the same manner subject to the same rules as are
hereinbefore mentioned for an inquiry into
the unsoundness of mind of a person
alleged to be of unsound mind; and if it be found that the unsoundness of mind
has ceased, the
Court shall order all proceedings in such matter to cease or to
be set aside on such terms and conditions as under the circumstances
of the case
shall appear proper.
Discharge of person found on inquiry not to be of unsound mind
63. When after inquiry
into the unsoundness of mind of any person detained in a mental hospital, the
Court has made an order under
the provisions of section
62
that the proceedings shall cease or be set aside, the superintendent of the
mental hospital shall forthwith, on the production of
a certified copy of such
order, discharge from such mental hospital the person whose unsoundness of mind
has ceased.
PART VII - MISCELLANEOUS
Maintenance of patients
64. Where any patient has
property applicable to his maintenance, so much thereof as may be necessary to
pay the charges of the lodging,
maintenance, medicine and care of such patient
shall be applied to that purpose, and any sum which may be due under any
regulation
which may be in force with respect to charges may be recovered by the
Chief Accountant from the trustees or other person having the
custody,
possession or charge of the property of such patient. Where any person is liable
for the support or maintenance of a person
of unsound mind the charges for the
treatment of such person while a patient in a mental hospital may like manner be
recovered from
the person so liable.
(Amended by 2 of
1945, s. 125.)
Ill-treatment of patients
65. If a superintendent or
any officer, nurse, attendant, servant or other person employed in a mental
hospital strike, wound, ill-treat
or willfully neglect any patient therein he
shall be guilty of a misdemeanor and liable on conviction thereof to
imprisonment for
two years.
Penalty for conniving at escape of patient
66.-(1) If a
superintendent or any officer or servant in a mental hospital shall, through
willful neglect or connivance, permit any
patient to escape from a mental
hospital, or shall secrete or abet or connive at the escape of such a patient,
he shall be liable
to a fine of two hundred dollars or to imprisonment for a
term not exceeding twelve
months.
(2) Any person who, by any
means directly or indirectly procures, persuades, or attempts to procure or
persuade any patient to escape
or who aids, abets, or is accessory to the escape
of any patient, or who knowingly harbours in or about his house, grounds or
otherwise,
or who knowingly employs, or who knowingly and without lawful excuse
assists any patient who has escaped, shall be guilty of an offence,
and shall,
on conviction therefore, be liable to imprisonment for any period not exceeding
six months or to a fine not exceeding
one hundred dollars or to both such fine
and imprisonment.
(Section amended by 2
of 1945, s. 125, and 24 of 1964, s. 22.)
Copies of reception order and other documents to be furnished
67. A superintendent
shall, upon the discharge of a person furnish to him upon his request, free of
expense, a copy of the reception
order and certificates upon which he was
confined. (Amended by
24 of 1964, s. 24.)
Fees and remission thereof
68. The Minister may
prescribe such charges and fees in respect of the care and treatment of patients
in a mental hospital as he may
think fit and may remit either wholly or in part
any such charges or fees at his discretion.
Construction of laws
69. Whenever in any
written law or other document whatsoever any reference to a lunatic or to lunacy
or to a lunatic asylum or asylum
is contained, that reference shall be read as a
reference to a person of unsound mind, or to a patient within the meaning of
this
Act or, as the case may be, to unsoundness of mind or to a mental
hospital.
Certified mental patients
70. A person certified to
be insane or otherwise adjudged to be of unsound mind under any law in force in
Fiji shall mean:-
(a) a person admitted to a mental hospital in pursuance of the provisions of sections 9 or 15 and not discharged therefrom; or
(b) a person admitted to a mental hospital in pursuance of the provisions of sections 11 or 13 and subsequently certified by a registered medical practitioner by a certificate in the prescribed form and not discharged therefrom; or
(c) a person of unsound mind confined in a mental hospital, prison or other suitable place of custody under the provisions of section 14, the Criminal Procedure Code, or any law for the time being in force relating to prisons. (Section inserted by 24 of 1964, s. 25.)
(Cap. 21.)
Burden of proof and presumptions
71. In any
proceedings-
(a) a document purporting to be an order made under the provisions of this Act shall, until the contrary is proved, be presumed to be such an order;
(b) any order made under the provisions of this Act shall be presumed, until the contrary is proved, to have been validly made and to have been made on the date upon which it purports to have been made;
(c) any certificate made or given under the provisions of this Act purporting to be signed by a registered medical practitioner shall, until the contrary is proved, be deemed to have been so signed and that the person signing the certificate shall be deemed to be a registered medical practitioner;
(d) any notice or certificate made or given under the provisions of this Act purporting to be signed by the superintendent shall, until the contrary is proved, be deemed to have been so signed. (Section inserted by 24 of 1964, s. 25.)
Regulations
72.-(1) The Minister may
make regulations for the better carrying out of the provisions of this
Act.
(2) In particular and without
prejudice to the generality of subsection (1) the Minister may make regulations
prescribing forms required
under the provisions of this Act.
(Section inserted by
24 of 1964, s. 25.)
Controlled
by Ministry of
Health
______
SECTION 3. - ESTABLISHMENT OF MENTAL HOSPITAL
Notice 22nd Oct., 1964
Made by the Governor
The following has been
established as a mental hospital for the reception and detention of persons of
unsound mind:-
All that land together with buildings thereon known as St. Giles' Hospital, Suva and specified in the Schedule.
_______
SCHEDULE
All that land in the city
of Suva containing an area of 11 acres 2 roods and which is more particularly
described as follows:-
Starting at an iron peg on the western side of Reservoir Road being also the south-eastern corner of the Military Cemetery; thence in a south-easterly direction following the western side of Reservoir Road by the following lines:-
On a bearing of 162 degrees 16 minutes 00 seconds for a distance of 182.13 links to a concrete peg. On a bearing of 124 degrees 47 minutes 50 seconds for a distance of 237.01 links to a concrete peg. On a bearing of 147 degrees 42 minutes 10 seconds for a distance of 594.17 links to a concrete peg. On a bearing of 186 degrees 25 minutes 00 seconds for a distance of 38.25 links to a concrete peg;
thence in a westerly direction by the following lines:-
On a bearing of 244 degrees 32 minutes 30 seconds for a distance of 89.33 links to a concrete peg. On a bearing of 294 degrees 42 minutes 30 seconds for a distance of 312.98 links to a concrete peg. On a bearing of 257 degrees 18 minutes 50 seconds for a distance of 359.08 links to a point on the northern boundary of Lands Department plan No. S. 765; thence following the northern boundary of said S. 765, on a bearing of 226 degrees 07 minutes 00 seconds for a distance of 459.3 links. On a bearing of 270 degrees 00 minutes 00 seconds for a distance of 209.9 links to an iron peg;
thence in a northerly and easterly direction by the following lines:-
On a bearing of 345 degrees 45 minutes 30 seconds for a distance of 150.84 links to a concrete peg. On a bearing of 1 degree 46 minutes 10 seconds for a distance of 358.49 links to a concrete peg. On a bearing of 3 degrees 40 minutes 30 seconds for a distance of 491.38 links to a concrete peg. On a bearing of 340 degrees 53 minutes 00 seconds for a distance of 331.86 links to a concrete peg. On a bearing of 5 degrees 05 minutes 10 seconds for a distance of 221.36 links to a concrete peg. On a bearing of 54 degrees 21 minutes 30 seconds for a distance of 158.04 links to a concrete peg. On a bearing of 94 degrees 50 minutes 40 seconds for a distance of 409.29 links to a concrete peg on the western boundary of the Military Cemetery, plan No. S. 742;
thence in a southerly and easterly direction following the western and southern boundaries of the Military Cemetery by the following lines:-
On a bearing of 180 degrees 08 minutes 00 second for a distance of 432.15 links to a concrete peg. On a bearing of 90 degrees 08 minutes 00 seconds for a distance of 241.30 links to an iron peg on the western side of Reservoir Road and being the starting point.
Such land being more particularly delineated on plan S. 1191 lodged in the office of the Director of Lands, Suva.
SECTION 4. - MENTAL TREATMENT REGULATIONS
Regulations 11th Jan., 1965
Made by the Governor in Council
Short title
1. These Regulations may
be cited as the Mental Treatment Regulations.
Interpretation
2. In these Regulations,
unless the context otherwise requires-"superintendent" includes any member of
the staff of a mental hospital
authorized in writing by the superintendent to
perform any of the functions of the superintendent hereunder.
Visits
3.-(1) Subject to the
right of the superintendent of a mental hospital to refuse permission in any
particular case, visitors may be
admitted to see patients in a mental hospital
at such times and on such days as the Permanent Secretary may determine by
notice published
in the Gazette as the official visiting
hours.
(2) Except in cases where
the superintendent of a mental hospital in his discretion and in special
circumstances may permit a visitor
to see a patient at a time other than the
official visiting hours for such period of time and subject to such conditions
as the superintendent
may see fit, no visitor shall enter any ward or visit any
patient in a mental hospital at any time other than the official visiting
hours.
(3) Except in cases where
the superintendent of a mental hospital in his discretion and in special
circumstances may permit, no child
under the age of 16 years shall visit a
patient in a mental hospital.
Ministers of religion
4. A minister of religion
may at any time, with the permission of the superintendent, visit patients of
the same religious denomonation[sic].
Presents from visitors
5. No visitor shall,
without the permission of the superintendent, give to a patient any money, food,
drink or any other article whatsoever.
Prohibited articles
6. No person shall bring
into a mental hospital any alcohol, knife, razor, razor blade, matches,
cigarette or other lighter, or any
sharp or dangerous implement except such of
the foregoing as may reasonably be required by members of the staff of a mental
hospital
in connexion with their duties.
Segregation of male and female patients
7. Male and female
patients shall be kept separately in mental hospitals and no male orderly shall
attend any female patient unless
a female orderly be also
present.
Forms
8. The forms set out in
the Schedule are hereby prescribed in respect of the several matters to which
they relate.
_________
SCHEDULE
FORM No. 1
MENTAL TREATMENT ACT
(CHAPTER 113)
(Section 9)
WARRANT OF COMMITMENT OF PERSON OF UNSOUND MIND TO A MENTAL HOSPITAL
To............................
of......................................... and to all police officers in Fiji,
and to the Superintendent
of .................................. Mental
Hospital.
Whereas
.............................. of ...........................................
was on the day of ..............................,
19...... , examined by me and
before me at ................, under and by virtue of the powers conferred upon
me by the Mental Treatment Act: And whereas I was satisfied by the said
examination that the said..........................................is a person
of unsound
mind who ought to be confined in a mental hospital under the
provisions of the said Act:
This
is therefore to command you, the said police officers to take the said
.................. and safely convey him to the mental
hospital
at....................................., and there to deliver him to the
Superintendent thereof together with this warrant.
(Signed).....................
Magistrate
Dated
this..............................day of ............................,
19.........
FORM No. 2
MENTAL TREATMENT ACT
(CHAPTER 113)
(Section 10)
FORM OF MEDICAL CERTIFICATE
I, the undersigned, being
a registered medical practitioner of Fiji, hereby certify that I on the
................ day of ....................,
19......, at
......................., separately from any other registered practitioner,
personally examined .......................and
that the said ...................
is in my opinion a person of unsound mind (or an idiot) and a proper person to
be taken charge
of and detained in a mental hospital under care and treatment,
and that I have formed this opinion upon the following grounds:-
1. Facts indicating unsoundness of mind observed by myself:
[Here state the facts.]
2. Other facts, if any, indicating unsoundness of mind which were communicated to me by others:
[Here state the information and from whom.]
(Signed)............................
(Registered Medical
Practitioner)
Dated this ..................day of ..................., 19........
________
FORM No. 3
MENTAL TREATMENT ACT
(CHAPTER 113)
(Section 12)
ORDER OF MAGISTRATE FOR RECEPTION OF PATIENT
I,
........................................................, magistrate, having
called to my assistance ...............................,
a registered medical
practitioner and having personally examined .............................., and
being satisfied that the said
....................................... is a
person of unsound mind in a dangerous state (or wandering at large or not under
proper
care and control or cruelly treated or neglected by the person having the
care or charge of him) and a proper person to be taken
charge of and detained
under care and treatment, hereby direct you to receive the said
..........................................
as a patient in the
.......................... Mental Hospital.
Hereunder is a statement respecting the said ............................ .
(Signed)....................................
Magistrate
Dated
this ..................................day of ....................., 19.......
.
To: The Superintendent of the............................................................Mental Hospital.
STATEMENT
[To be filled up by the examining magistrate as far as possible.]
Name of patient in
full:
Sex
and age:
Married, single or
widowed
Occupation:
Religion:
Place
of abode:
Whether first
attack:
Age on first
attack:
When and where previously
under care and treatment:
Duration of
existing attack:
Supposed
cause:
General appearance when under
attack:
Name and place of abode of
nearest relative:
Special
circumstances, if any, preventing the presence of a registered medical
practitioner at inquiry:
(Signed)............................................
________
FORM No. 4
MENTAL TREATMENT ACT
(CHAPTER 113)
(Section 13)
URGENCY ORDER FOR RECEPTION OF PATIENT
I,.......................................,
magistrate, having personally examined ..................... and being satisfied
that the
said .......................... is a person in a dangerous state (or
wandering at large or not under proper care and control), and
a proper person to
be taken charge of and detained under care and observation, hereby direct you to
receive the said.........................
as a patient in
................................. the Mental Hospital or at (as the case may be)
and there to detain the said .............................................
for
not exceeding the space of seven days and to produce the said
...................................... before me within or at the
expiration of
the said space of seven days with such further evidence, if any, medical or
otherwise which may be available.
(Signed).............................
Magistrate
Dated
this ......................... day of ...............................,
19........ .
To: The
Superintendent of ............................ Mental Hospital or Police
Officer
[as the case may be].
FORM No. 5
MENTAL TREATMENT ACT
(CHAPTER 113)
(Section 15)
ORDER FOR THE RECEPTION OF A PRIVATE PATIENT
I, the undersigned, hereby
request you to receive a person of unsound mind as a patient into the
......................... Mental
Hospital.
Hereunder is a statement
respecting the said................................. .
(Signed)............................
Name:
Occupation:
Place
of abode:
Degree of relationship, if
any, or other circumstances of connexion with the
patient:
Dated this
.................. day of ..............., 19......
.
To: The Superintendent of the
................................. Mental Hospital.
STATEMENT
[If any particulars required be not known the fact to be so stated.]
Name of patient in
full:
Sex and
age:
Married, single or
widowed:
Occupation:
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:
General appearance when under
attack:
Special circumstances, if any,
preventing the patient being examined before admission separately by two
registered medical practitioners:
When
the person signing the statement is not the person who signs the order the
following particulars concerning the person signing
the statement are to be
added:-
Occupation, if
any:
Place of
abode:
Degree of relationship, if any,
or other circumstances of connexion with the patient:
FORM No. 6
MENTAL TREATMENT ACT
(CHAPTER 113)
(Section 16)
APPLICATION TO BE ADMITTED AS A VOLUNTARY PATIENT
I, the undersigned, hereby
request you to admit me as a voluntary patient into the mental
hospital.
My personal particulars
are as follows:-
Name:
Occupation:
Place of abode:
Dated
this ........................ day of ........................, 19......
.
(Signed)............................
To: The Superintendent of
the ........................................................... Mental
Hospital.
FORM No. 7
MENTAL TREATMENT ACT
(CHAPTER 113)
(Section 18)
MENTAL HOSPITAL REGISTER
Admission No.
|
Case No.
|
Full Name
|
Home Address
|
First Admission
|
Re-Admission
|
Age in years
|
||||||||||||||||||
Fijian
|
Indian
|
Other
|
Fijian
|
Indian
|
Other
|
|||||||||||||||||||
M
|
F
|
M
|
F
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M
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F
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M
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F
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M
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F
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M
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F
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Marital Status
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Authority of Admission
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Observations
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s.9
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s.11
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s.13
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s.15
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s.16
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s.20
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Governor-General's Order
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Date of Admission
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Date of Leaving Hospital
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Date of Death
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Duration of Stay in Days
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Date of Discharge
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Controlled by Ministry of Health
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