The Origins and Development Of the Protective Jurisdiction of The Supreme Court of New South Wales

1. Auflage 2007
ISBN: 978-0-9751103-1-7
Verlag: Federation Press

Buch, Englisch, 92 Seiten, Gewicht: 174 g

This paper is a detailed examination of the historical development of New South Wales mental health laws and of the Supreme Courts Protective Jurisdiction, written by a former Justice of the Supreme Court of NSW. Philip Powell AM QC covers the laws applicable in the young colony leading up to the consolidated and revised version of The Lunacy Act 1898 (NSW), which remained in force, with some amendments, until 1958. He argues that its replacement, The Mental Health Act 1958 (NSW) made only cosmetic changes until 1970 when the Office of the Protective Commissioner was created. Powell then covers changes in the law relating to mental health from 1982, when he began his term in the Protective Division of the Supreme Court of New South Wales, and his own activities in this respect. He examines the impact of the Guardianship Act 1987 (NSW) and the Mental Health Act 1990 (NSW) in detail. The concludes with a list of reported and unreported judgments of the Protective Division.

Autoren/Hrsg.

Qc, Philip Powell AM

Weitere Mitwirkende

McColl AO, The Honourable R S

Fachgebiete

• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

Contents Foreword by The Honourable R S McColl AO Introduction The Royal Prerogative Its nature / How invoked and exercised Those the subject of the Prerogative Idiots / Lunatics - Subsequent developments Involuntary detention and treatment The first lunatic ayslum / Subsequent developments to 1788 The founding of the colony The inherited law / Governor Phillip's commission / The first courts Early examples of the exercise, in the colony, of the Prerogative The Second Charter of Justice – a Supreme Court – No jurisdiction in lunacy The Third Charter of Justice – The Supreme Court – Jurisdiction in lunacy The Australian Courts Acts 1828 Involuntary detention and treatment Statutory changes, meantime, in England / The law in the colony until 1843 / The Dangerous Lunatics Act 1843 The Lunacy Regulation Act 1853 (UK) and its effects Involuntary detention and treatment – Further statutory developments in New South Wales The Lunacy Act 1878 (NSW) The Lunacy Act 1890 (IMP) – The distinction between unsoundness of mind and mental infirmity established The Lunacy Convention Act 1894 (NSW) – The distinction between unsoundness of mind and mental infirmity adopted The Lunacy Act 1898 (NSW) Legislative amendments in New South Wales 1898-1953 Early anti-schizophrenic (major tranquillizing) drugs The Mental Health Act 1958 (NSW) The Mental Health Act 1958 (NSW) - 1970 amendments - the Office of the Protective Commissioner created The position, in law and in fact, in NSW as at 1970 and after The position, in law and in fact, in NSW in 1982 My representations to the government – only partly successful The government’s 1983 ‘Mental health package’ The Mental Health Act 1983 (NSW) – Only partly proclaimed – the consequences The Protected Estates Act 1983 (NSW) The effect of a management order / Enduring powers of attorney / Improvements in procedure The Guardianship Act 1987 (NSW) The Tribunal / Guardianship orders / Power to make management orders The Deveson Committee – Appointment, report and recommendations The Mental Health Act 1990 (NSW) Definitions - Mental illness', 'mentally disorderd person', 'mentally ill person' / Involuntary detention for treatment when permitted / Community counseling orders / Community treatment orders / Medical treatment / Provisions as to powers of Supreme Court Summary – powers of Supreme Court in its inherent jurisdiction and/or under various statutes Appendix – Judgments of the Protective Division 1982-2000