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Vanuatu Consolidated Legislation - 1988 |
Commencement: 24 February 1965
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 38
MENTAL HOSPITAL
JR 2 of 1965
ARRANGEMENT OF SECTIONS
SECTION
12. Powers of the Board
13. Ill-treatment of patients
SCHEDULE - Certificate of detention in a mental hospital
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MENTAL HOSPITAL
To provide for the reception and detention of persons of unsound mind in the mental hospital at Port Vila.
INTERPRETATION
"the Board" shall mean the Board appointed to visit and inspect the mental hospital;
"medical officer" shall mean a medical officer in the public service or a person registered as a medical practitioner under the Health Practitioners Act, Cap. 164;
"mental hospital" shall mean the hospital for the reception and detention of persons of unsound mind;
"Minister" means Minister responsible for health;
"the Superintendent" shall mean a medical officer appointed by the Minister to supervise the mental hospital.
ESTABLISHMENT OF MENTAL HOSPITAL
2. (1) The Minister hereby establishes a mental hospital under the supervision of the
Superintendent who shall be assisted by subordinate officers.
(2) The Minister shall appoint the Board.
ADMISSION OF PATIENTS
3. (1) If it shall appear to a District Commissioner that a person, suspected of being of
unsound mind, is either -
(a) dangerous to himself or to others; or
(b) wandering at large, or not receiving proper care and attention;
he shall himself examine him, and receive the evidence of any persons whose evidence he considers desirable and then order the person to be taken before a medical officer with all documents relating to the case.
(2) The medical officer aforesaid, if satisfied that the person in question is of unsound mind and either-
(a) dangerous to himself or to others; or
(b) wandering at large or not receiving proper care and attention;
may by writing in the form set out in the Schedule hereto order that such person be detained in the mental hospital, and cause him to be removed thereto:
Provided that before making such order the medical officer may cause such person to be detained for a period not exceeding 7 days for the purpose of medical observation.
(3) At the end of such period the Superintendent may, in the place of the medical officer referred to in subsection (2), make the said order:
Provided that where the said order is made by the Superintendent the Board shall, wherever possible, obtain the report of a medical officer other than the medical officer referred to in subsection (2), on the mental condition of such person.
WARRANTS OF DETENTION
(2) Any person certified to be of unsound mind awaiting transport to the mental hospital may be confined in such manner as the District Commissioner, after consultation with the medical officer, may order.
POWERS AND DUTIES OF THE SUPERINTENDENT
5. (1) The Superintendent shall visit and examine every person admitted to the mental
hospital within 24 hours of his admission, and shall at least once a week examine every patient and record his observations on each patient in writing.
(2) The Superintendent shall enforce all proper discipline in the mental hospital and shall be responsible that the subordinate officers referred to in subsection (1) of section 2 follow his directions as to the care and treatment of the patients.
(3) The Superintendent shall record the particulars of the discharge of any patient from the mental hospital, or of the death of any patient therein.
(4) The Superintendent may, with the consent of the Minister, make rules for the proper conduct of the mental hospital and for the more effectual carrying out of the provisions of this Act and may prescribe penalties for the breach of such rules.
DISCHARGE OR DEATH
(2) The Board shall be notified by the Superintendent within 48 hours of the death of any patient.
HOSPITAL TREATMENT
Provided that no patient shall be so removed without the consent of the medical officer or other person in charge of the public hospital.
LEAVE OF ABSENCE
ESCAPE
(2) On being informed of the presence in any place of a patient who is believed to have escaped from the mental hospital a District Commissioner shall take such action as appears to him necessary to secure the patient's return to the mental hospital.
(3) Any person other than those referred to in section 14 who aids or abets the escape of any patient from the mental hospital shall be liable on conviction to a fine not exceeding VT30,000, or to a term of imprisonment not exceeding 2 months or to both such fine and imprisonment.
DISCHARGE TO DOMICILIARY CUSTODY
CRIMINAL LUNATIC
POWERS OF THE BOARD
ILL-TREATMENT OF PATIENTS
PENALTY FOR AIDING OR CONNIVING AT ESCAPE OF PATIENT
TRESPASS IN MENTAL HOSPITAL
SCHEDULE
(sections 3 and 4)
CERTIFICATE OF DETENTION IN A MENTAL HOSPITAL
I, .................................................................................................................. a Medical Officer/Superintendent of the Mental Hospital hereby certify that I on the ............................................... at ....................................................... separately from any other medical officer personally examined ............................................... : ": ..............:................. and that the said ................................................................... is in my opinion a person of unsound mind 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 insanity observed by myself;
(2) other facts if any indicating insanity which were communicated to me by others.
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URL: http://www.paclii.org/vu/legis/consol_act1988/mha172