The origins and development of the protective jurisdiction of the Supreme Court of New South Wales /
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Author / Creator: | Powell, Philip E. |
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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 |
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