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Western Australia - Legislation

Mental Health Act 1962 (1962 - 1996)

  • Mental Health Act 1962

    Mental Health Act 1962, 1 November 1962, courtesy of State Law Publisher of Western Australia.
    Details

From
1962
To
1996
Categories
Principal Act
Website
https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_10662.pdf/$FILE/Mental%20Health%20Act%201962%20-%20%5B00-00-00%5D.pdf

The Mental Health Act 1962 (046 of 1962 (11 Eliz. II No. 46)) was amended twice before it came into force on 1 July 1966. It repealed the Lunacy Act 1903 and related Acts less relevant to children in out of home care. Intellectual disability was not distinguished from mental 'disorder' in the Act, which began a transition from custodial care to active, early treatment. The Act (s.19) made financial provision for residential care, education and training and other services and facilities that could be used by people with intellectual disabilities. This Act was repealed by the Mental Health Act 1996 (068 of 1996).

Details

The Mental Health Act 1962 was debated in a politicised climate with a grossly over-crowded Claremont Mental Hospital receiving much publicity. On the eve of the State election, the Inspector General resigned, stating his authority was being undermined by the Ministerial Committee on Mental Health whom he could not persuade to introduce day hospitals and community-based therapeutic services.

In August 1963, Dr Archie S Ellis was appointed Director of Mental Health Services with direct access to the Minister for Health. Dr Ellis has written about the extensive consultation that went into drafting the Mental Health Act 1962 in its final form - including assistance from the medical and legal professions, voluntary organisations and individuals.

Children with intellectual disabilities continued to be placed with 'old and mentally afflicted' adults.

Timeline

 1871 - 1903 Lunacy Act 1871
       1903 - 1962 Lunacy Act 1903
             1962 - 1996 Mental Health Act 1962

Amendment

Related Glossary Terms

Related Legislation

  • Authority for Intellectually Handicapped Persons Act 1985 (1985 - )

    Before the Authority for Intellectually Handicapped Persons Act 1985, intellectual disabilities were dealt with under mental health legislation. The Authority for Intellectually Handicapped Persons Act 1985 didn't replace mental health laws. Rather, the laws governing intellectual disability took a different and more appropriate path.

Related Organisations

Publications

Books

  • Ellis, A.S., Eloquent Testimony : the Story of the Mental Health Services in Western Australia, 1830-1975, University of Western Australia Press, Nedlands, Western Australia, 1984. p.129. Details

Book Sections

  • Gillgren, Christina, 'Once a Defective, always a Defective: Public Sector Residential Care 1900-1965', in Errol Cocks (ed.), Under blue skies : the social construction of intellectual disability in Western Australia, Centre for Disability Research and Development, Faculty of Health and Human Sciences, Edith Cowan University, Perth, 1996, pp. 53-91. p.80, 82-83. Details

Online Resources

Photos

Mental Health Act 1962
Title
Mental Health Act 1962
Type
Document
Date
1 November 1962
Source
State Law Publisher of Western Australia

Details

Understanding and interpreting mental health legislation and certification documents, 1871-1962
Title
Understanding and interpreting mental health legislation and certification documents, 1871-1962
Type
Document
Date
2012
Source
Dr Philippa Martyr, Department of Health, Western Australia

Details

Sources used to compile this entry: Ellis, A.S., Eloquent Testimony : the Story of the Mental Health Services in Western Australia, 1830-1975, University of Western Australia Press, Nedlands, Western Australia, 1984. p.129.; Gillgren, Christina, 'Once a Defective, always a Defective: Public Sector Residential Care 1900-1965', in Errol Cocks (ed.), Under blue skies : the social construction of intellectual disability in Western Australia, Centre for Disability Research and Development, Faculty of Health and Human Sciences, Edith Cowan University, Perth, 1996, pp. 53-91. p.80, 82-83..

Prepared by: Debra Rosser