THE MENTALLY AFFLICTED

Taranaki Daily News, Volume LIII, Issue 128, 8 September 1910, Page 7

THE MENTALLY AFFLICTED

A NEW -MEASURE. COMPREHENSIVE PROVISIONS. (From our Parliamentary Reporter). Wellington, Tuesday. It is interesting to note that the present law ia confined to persons of unsound mind and idiots.' The other definitions are new to our law. The Bill appears to have been very carefully drafted and to have been prepared on the lines of the report of the Royal Commission in England in 'I9OB. This commission, it will ibe remembered, was composed of men of affairs, experts in mental diseases, and! eminent lawyers, including three K.C.'s. By the Bill now before Parliament, the procedure is simplified and made less painful to the afflicted person, although at the same time the liberty of 'lhe subject is well safe- ■ guarded. One new feature is that in cases of emergency, a person may be placed under care temporarily on the certificate of one medical man,' but if he does not recover within a limited time a certificate of two medical men must be obtained in the ordinary way to prevent the overlooking, by any chance, of. the cure of a patient and his being detained longer than necessary. At the end of each year, it is provided that the detention order shall automatically lapse, unless the case is considered by the medical officers of the institution, and he certifies that the case is one. for further detention in the interest of the patient or of the public interest. .Part 3 deals with mentally defective persons under detention for offences, etc., and is practically the present law in a somewhat better form. Part 4, relating to procedure in the case of minors, provides for the ■reception into institutions of such persons under 21 years of age, on the application of a parent or guardian, on the certificate of one medical man. When any such person attains the age of -21 years he shall Ibe discharged, unless in the opinion of the medical officer, his further detention is desirable, or he mav be discharged before that age at the request of the parent or guardian, unless the medical officer certifies that he is not fit to leave the institution. Part 5 of the Bill, regarding voluntary boarder®, contains a very important provision, the idea being that if a person feeJs he is going wrong in his head, he can go to a State institution and on his own request receive treatment. Part 0 deals with public and licensed institutions. and part 7 with. the care and treatment of mentally defective persons, but contain no innovations of special importance. In part 8. however, there is an important departure simplifying the procedure in regard to the administration of the estates of mentally defective persons in the interests of the patient. The Public Trustee' is to be the administrator except where, in special cases, the Supreme Court may appoint some other administrator should the circumstances warrant, it. Part 9 deals briefly with the, qrftstion of early treatment without an order. It is a new development in our system and provides for cases in which a' certificate has been given that a person is mentally defective, though the malady is not conj firmed l . The patient niav be placed "under, private care and treatment, the Minister undertaking not'to prosecute the person detaining him for, such detention., This is in accordance wifcli the recommendations, of the English Roval Commission and is. in the opinion of experts, about asfa-r as Parliament should lie allowed' to go in such a matter. The Bill further provides under the heading of "offences" that any unauthorised person keeping a mentallv defective person under control for more 'than inonths without giviiig'notice to the Department shall be liable to a penaltv, thp. 'object of the provision being to enable the Department to hkve the oversight of all mentally defective persons.'