The origins and development of the protective jurisdiction of the Supreme Court of New South Wales /

Saved in:
Bibliographic Details
Author / Creator:Powell, Philip E.
Imprint:Sydney : Francis Forbes Society for Australian Legal History, [2004].
Description:vii, 83 p. ; 21 cm.
Language:English
Series:Francis Forbes Lectures ; 2003
Subject:
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/6287003
Hidden Bibliographic Details
ISBN:0975110314 (pbk.)
9780975110317 (pbk.)
Notes:Includes bibliographical references.
Table of Contents:
  • Foreword
  • 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