Schedule 1

First Schedule

(Section 2)

AGREEMENT made the eighteenth day of March in the year one thousand nine hundred and thirty-six between The Honourable Herbert Paton FitzSimons the Minister for Health of the State of New South Wales for and on behalf of the said State who with his Successors in such office is hereinafter called the Minister for Health of the one part and The Honourable Thomas Paterson the Minister of State for the Interior of the Commonwealth of Australia for and on behalf of the said Commonwealth who with his successors in such office is hereinafter called the Minister of the other part whereby it is agreed as follows:

In this agreement unless the contrary intention appears the singular shall include the plural and the plural the singular and the masculine the feminine and the following expressions shall have the meanings respectively set opposite to them:—

“Commonwealth” means the Commonwealth of Australia.

“Institution” shall in respect of an insane person or patient or resident referred to in clause 4 mean a hospital for the insane or reception house or other place of the State appointed under the law of the State for the reception of the insane and in respect of an inebriate an institution established by the State for the reception control and treatment of inebriates.

“Inspector General” means the Inspector General of the Insane appointed under the Lunacy Act of 1898 of the State and includes a Deputy Inspector-General for the time being performing the duties of such Inspector-General.

“Master” means the Master in Lunacy of the State and includes the Deputy Master in Lunacy of the State and also includes the Chief Clerk in Lunacy of the State when performing the duties of the master in Lunacy.

“Resident of the Territory” includes any person who is in the Territory whether a resident or not.

“State” means the State of New South Wales.

“Territory” means the Territory for the Seat of Government of the Commonwealth.

(a)

Subject to this agreement when a Court or Judge or magistrate or justice of the peace acting or purporting to act under any law of or in force in the Territory orders or authorises a person to be removed into or detained in any hospital for the insane in New South Wales within the meaning of the Lunacy Act of 1898 of the State and such person is by an officer of the Territory handed over in New South Wales to and received into the custody of an officer of Police of the State such person shall be apprehended and conveyed by the officer of the State to such hospital and he shall by the authorities of the State be received therein and detained therein or in any other hospital or reception house or other place under the said Act in all respects as if two Justices of the State had within the State after the proper certificates inquiries and proof duly made an order under subsection (1) of section 6 of the of the State directing such person to be removed into such hospital and the order statement and certificates referred to therein had been produced and such person shall when so received and detained as aforesaid be deemed to be an insane patient within the meaning of the said Act of the State.