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Schedule

(Section 2)

AGREEMENT made the fourteenth day of September in the year One thousand nine hundred and thirty-eight 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 RIGHT HONOURABLE WILLIAM MORRIS HUGHES the Minister for External Affairs and Minister in Charge of Territories 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;

“State” means the State of New South Wales;

“Institution” means 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;

“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 Norfolk Island” includes any person who is in Norfolk Island whether a resident or not;

“The Court” means the Court of Norfolk Island sitting in its full jurisdiction;

“Superintendent” includes the deputy superintendent.

(a)

Subject to this Agreement whenever the Court acting or purporting to act under any law of or in force in Norfolk Island by order in writing declares a person to be a proper person to be taken charge of and detained under care and treatment and by the same or another order in writing orders or authorises such 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 Norfolk Island 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 one of section six 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.