Mental Treatment Act
2008 Revised Edition
CAP. 28.16
MENTAL TREATMENT ACT
Mental Treatment Act CAP. 28.16 Arrangement of Sections
2008 Revised Edition
Page 3
MENTAL TREATMENT ACT
Arrangement of Sections
Section
PART I - PRELIMINARY 7
1 Short title................................................................................................................ 7
2 Interpretation.......................................................................................................... 7
3 Visitors................................................................................................................... 8
4 Visiting Committee................................................................................................ 8
5 Procedure of Visiting Committee .......................................................................... 8
PART II - CUSTODY OF PATIENTS 8
6 Patients to be kept until discharged or deceased.................................................... 8
PART III - ADMISSION OF PATIENTS 9
7 Magistrate may order apprehension of supposed person of unsound mind
for examination ...................................................................................................... 9
8 Magistrate may commit to mental health wing upon oath of medical officer ....... 9
9 Medical officer to give certificate.......................................................................... 9
10 Provision in case of the absence of a medical officer .......................................... 10
11 Order of committal............................................................................................... 10
12 Minister may order any prisoner of unsound mind to be removed to the
mental health wing............................................................................................... 10
13 Minister may order admission of any person of unsound mind committed
for trial ................................................................................................................. 10
14 When a person found guilty but insane or found insane on arraignment............. 11
15 Patient may be admitted on application by relatives or person in charge............ 11
16 Persons may be admitted on their own application.............................................. 11
17 Notice of admission of patient ............................................................................. 11
18 Mental Health Wing Register .............................................................................. 11
19 Medical officer in charge shall not refuse qualified patient without
direction of the chairman ..................................................................................... 12
20 Every patient subject to control of medical officer in charge .............................. 12
Arrangement of Sections CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 4
21 Medical officer in charge may on emergency detain supposed person of
unsound mind .......................................................................................................12
PART IV - REGULATIONS 12
22 Regulations...........................................................................................................12
PART V - SPECIAL POWERS AND DUTIES OF THE VISITORS 13
23 Visitors may come at any time and shall sign Visitors’ Book .............................13
24 Visits of Visiting Committee................................................................................13
25 Visiting Committee to report to Minister .............................................................13
26 Special reports ......................................................................................................14
27 Patients’ letters .....................................................................................................14
28 Medical officer in charge to visit patients on admission......................................14
29 Weekly examination of patients ...........................................................................14
30 Subordinate officers .............................................................................................14
PART VI - DISCHARGE, DEATH OR ESCAPE OF PATIENTS 15
31 Discharge of patients............................................................................................15
32 Discharge, death or escape of patients to be notified ...........................................15
33 Report and inquiry in case of death......................................................................15
34 Entries to be made in Register..............................................................................15
35 Minister may order discharge or removal of prisoner on certificate of
medical officer in charge......................................................................................15
36 Medical officer in charge’s and visitors’ orders of discharge of patients ............15
37 Exercise of powers under section 36....................................................................16
38 Patient admitted on application of relatives or guardian or himself may be
discharged or removed at their or his request.......................................................16
39 Escaped patient may be apprehended...................................................................16
40 Patient may be sent to any specified place ...........................................................17
41 Certificates to remain in force ..............................................................................17
42 Magistrate may order patient to be brought before him for examination.............17
PART VII - MISCELLANEOUS 18
43 Maintenance of patients .......................................................................................18
44 Minister to keep accounts.....................................................................................18
45 Ill-treatment of patients ........................................................................................18
46 Penalty for aiding or conniving at escape of patient ............................................18
47 Trespass in mental health wing ............................................................................19
48 Limitation of action..............................................................................................19
49 Remission of fees .................................................................................................19
SCHEDULE 1 20
WARRANT OF COMMITMENT OF PERSON OF UNSOUND MIND TO THE
Mental Treatment Act CAP. 28.16 Arrangement of Sections
2008 Revised Edition
Page 5
MENTAL HEALTH WING 20
SCHEDULE 2 21
FORM OF MEDICAL CERTIFICATE 21
SCHEDULE 3 22
MAGISTRATE’S ORDER FOR RECEPTION OF PATIENT 22
SCHEDULE 4 24
MINISTER’S ORDER FOR REMOVAL AND ADMISSION OF PATIENT 24
SCHEDULE 5 25
ORDER FOR THE RECEPTION OF A PRIVATE PATIENT 25
SCHEDULE 6 27
MENTAL HEALTH WING REGISTER 27
Supporting Documents
ENDNOTES 28
Mental Treatment Act CAP. 28.16 Section 1
2008 Revised Edition
Page 7
MENTAL TREATMENT ACT
AN ACT TO PROVIDE FOR THE CARE AND MAINTENANCE OF
PERSONS OF UNSOUND MIND1
Commencement [28th December 1927]
PART I - PRELIMINARY
1 Short title
This Act may be cited as the Mental Treatment Act.
2 Interpretation
In this Act —
“medical officer” means a medical officer or medical practitioner approved
by the Minister;
“medical officer in charge” means the medical officer for the time being in
charge of the mental health wing;
“the mental health wing” means the mental health wing of the Funafuti
Central Hospital at Funafuti and includes such other hospital wings or
departments wheresoever situated as the Minister may by notice designate
additionally or in substitution;
“patient” means every person received into the mental health wing or
detained therein as a person of unsound mind;
“person of unsound mind” includes idiot;
“Visiting Committee” means the Visiting Committee for the constitution of
which provision is made in section 4;
Section 3 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 8
“visitor” means any person who is for the time being a mental health wing
visitor under the provisions of section 3;
“Visitors’ Book” means the book kept under section 23(2).
3 Visitors
The following persons shall be mental health wing visitors —
(a) the Chief Justice and Commissioners of the High Court;
(b) Members of the Cabinet and Parliament;
(c) the Senior Medical Officer;
(d) all magistrates and justices of the peace;
(e) such other persons or classes of persons as the Minister may by notice
appoint.
4 Visiting Committee
The Minister shall appoint 3 or more of the visitors to constitute a Visiting
Committee and shall appoint one of the members of the Visiting Committee to be
the chairman thereof.
5 Procedure of Visiting Committee
(1) The quorum of the Visiting Committee shall be 3 members, including the
chairman, but subject thereto the powers and duties of the Visiting Committee
shall not be affected by the absence or temporary incapacity of any member
thereof.
(2) In the event of the absence or temporary incapacity of the chairman, the senior
public officer who is a member shall act as chairman at any meeting of the
Visiting Committee or, if there is no member present who is a public officer, a
temporary chairman shall be appointed for that meeting from among
themselves by the members present.
PART II - CUSTODY OF PATIENTS
6 Patients to be kept until discharged or deceased
Every person admitted to the mental health wing as a patient shall be kept therein
until his decease or until his discharge under the provisions of this Act, and, while
detained in the mental health wing, shall be subject to the directions of the medical
officer in charge and to the observance of any regulations which may be made under
the provisions of this Act.
Mental Treatment Act CAP. 28.16 Section 7
2008 Revised Edition
Page 9
PART III - ADMISSION OF PATIENTS
7 Magistrate may order apprehension of supposed person of unsound
mind for examination
If it shall have been made to appear to any magistrate by information on oath that
any person is deemed to be a person of unsound mind at large or not under proper
care or control or who is cruelly treated or neglected by any relative or other person
having the care or charge of him, such magistrate may by order under his hand
require any police officer to apprehend such person and bring him before himself, or
some other magistrate within Tuvalu, for the purpose of examination as hereinafter
provided.
8 Magistrate may commit to mental health wing upon oath of
medical officer
If any person be brought before a magistrate under an order issued as provided in the
last preceding section, or after having been apprehended under circumstances
denoting a derangement of mind and a purpose of committing some crime, such
magistrate may call to his assistance a medical officer, who shall separately examine
such person, and if, upon view and examination of the person so brought before him
and upon proof on oath by the said medical officer and on any other proof, the
magistrate is satisfied that such person is a dangerous person of unsound mind or is
a person of unsound mind who was wandering at large or was not under proper care
and control or was cruelly treated or neglected by any relative or other person
having the care or charge of him, the magistrate may by warrant under his hand in
the form contained in Schedule 1 commit such person to the mental health wing, and
until such person can be removed to the mental health wing, give such directions or
make such arrangements for the proper care or control of such person as he may
deem necessary; and such warrant shall be sufficient authority to the person to
whom it is addressed to remove such person accordingly and, subject to the
directions and arrangements aforesaid, to keep him in safe custody until such
removal can be effected.
9 Medical officer to give certificate
The medical officer assisting at such examination as aforesaid, shall fill up and sign
a certificate in the form contained in Schedule 2 and, except as hereinafter provided,
no person shall be committed by a magistrate to the mental health wing unless such
certificate shall have been first signed as aforesaid; and the said examination may if
the magistrate think fit be held at the abode of the person examined or at such other
proper and convenient place as may be directed by the magistrate.
Section 10 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 10
10 Provision in case of the absence of a medical officer
If there is no available medical officer in the district of any magistrate, or if for any
other reason the assistance of a medical officer be not procurable for the purpose of
an examination as aforesaid, it shall be lawful for the magistrate to exercise the
powers conferred upon him by section 8 without such assistance as therein
prescribed:
Provided that in every such case he shall forward to the medical officer in charge,
together with the warrant of commitment, a copy of the evidence upon which the
commitment was made.
11 Order of committal
Every magistrate committing a person to the mental health wing as aforesaid, shall
make out and fill up an order in the form contained in Schedule 3 hereto; and such
order shall be forwarded to the medical officer in charge as soon as possible and the
medical officer in charge shall refuse admission to any person committed by a
magistrate as aforesaid if he shall not have previously received such order.
12 Minister may order any prisoner of unsound mind to be removed to the
mental health wing
The Minister may if he shall think fit, by order under his hand, which may be in the
form contained in Schedule 4, direct that any person who may be detained in
custody in any prison or place of confinement under any sentence of imprisonment,
or under any warrant in default of surety to keep the peace, or to answer a criminal
charge, or in consequence of any summary conviction or order of a magistrate, and
in respect of whom a certificate in the form contained in Schedule 2 shall have been
signed by a medical officer, be removed to the mental health wing and every such
person so removed shall remain under confinement in the mental health wing until
he shall be discharged as hereinafter provided.
13 Minister may order admission of any person of unsound mind
committed for trial
If at any time a certificate in the form contained in Schedule 2 shall be signed by a
medical officer with reference to any person committed for trial for any offence, the
Minister may, if he shall think fit, by order under his hand in the form contained in
Schedule 4, direct that such person, if in custody, shall be removed to the mental
health wing, and such person shall be detained in the mental health wing until such
time as he may be certified by the medical officer in charge mentally fit to stand his
trial; and such person shall thereupon be returned to the custody of the gaoler of the
prison in whose custody he may have been under the terms of the original
committal.
Mental Treatment Act CAP. 28.16 Section 14
2008 Revised Edition
Page 11
14 When a person found guilty but insane or found insane on arraignment
When, upon any trial on indictment or information for a criminal offence, the
accused shall have been found guilty but to have been insane at the time when he
committed the offence, or when upon arraignment he shall have been found by the
High Court to be insane, and the Court shall have in any such case ordered such
accused person to be kept in custody in such place and in such manner as the Court
shall direct till Her Majesty’s pleasure shall be known, the Minister may give such
order for the safe custody of such person during pleasure in the mental health wing
or in such other place and in such manner as to him may seem fit.
15 Patient may be admitted on application by relatives or person in charge
Any person, being nearly related to or having the care or control of any person of
unsound mind, may make application for his reception in the mental health wing for
the purpose of medical care and treatment, but no person shall be received as a
patient in consequence of such application unless the applicant shall have signed an
order in the form contained in Schedule 5 and have furnished the statement of
particulars contained in such Schedule, nor without the medical certificate according
to the form in Schedule 2 of a medical officer.
16 Persons may be admitted on their own application
Persons of unsound mind may upon furnishing the certificate in the form contained
in Schedule 2 of a medical officer and a statement of particulars, similar to that
contained on an order for admission under section 15, be admitted as patients upon
their own application.
17 Notice of admission of patient
The medical officer in charge shall by the first opportunity after the admission of
any patient into the mental health wing, send notice thereof in writing to the
chairman of the Visiting Committee with the said medical officer’s own opinion of
the case, specifying in every such notice the name of such patient and the authority
under which he was admitted.
18 Mental Health Wing Register
The medical officer in charge shall, after his examination of a patient admitted into
the mental health wing, make an entry with respect to such patient in a book to be
kept at the said wing for the purpose and to be called the Mental Health Wing
Register; and such entry shall be made according to the form and containing the
particulars specified in Schedule 6 so far as the same can be ascertained, and shall be
made within 24 hours of the examination, except the entry as to the form of mental
disorder which shall be made as soon as the medical officer in charge shall have
Section 19 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 12
formed an opinion thereon, and except the entry as to the discharge or death of the
patient which shall be made as hereinafter mentioned.
19 Medical officer in charge shall not refuse qualified patient without
direction of the chairman
Nothing in this Act shall be held to give any person a legal right to admission to or
maintenance in the mental health wing, but the medical officer in charge shall not,
without the direction of the chairman of the Visiting Committee, refuse to receive
any patient duly qualified to be admitted and for whom there may be room in the
mental health wing.
20 Every patient subject to control of medical officer in charge
Upon admission to the mental health wing every patient shall be subject to the
directions and control of the medical officer in charge and other officers attached to
the mental health wing and to the observance of any regulations which may be made
under the provisions of this Act.
21 Medical officer in charge may on emergency detain supposed person
of unsound mind
(1) Notwithstanding anything in the previous sections contained, the medical
officer in charge may, if upon any emergency he shall deem it necessary to do
so, detain in the mental health wing any person whom he shall have reason to
believe is a person of unsound mind, without any warrant or order, until such
time as he can obtain a warrant under the hand of a magistrate in the form
contained in Schedule 1.
(2) Any detention under this section shall be forthwith reported by the medical
officer in charge to the chairman of the Visiting Committee.
PART IV - REGULATIONS
22 Regulations
(1) The Minister may make regulations for the management and direction of the
mental health wing and the duties and conduct of the officers attached thereto,
for the care and treatment of the patients therein, for the visiting of patients,
for the inspection and if need be detention of any correspondence passing to
and from patients, and for the charges to be made in respect of the care and
treatment of patients.
Mental Treatment Act CAP. 28.16 Section 23
2008 Revised Edition
Page 13
(2) A copy of any regulations made hereunder shall be kept hung up in the mental
health wing and shall be abided by and observed in the mental health wing.
PART V - SPECIAL POWERS AND DUTIES OF THE
VISITORS
23 Visitors may come at any time and shall sign Visitors’ Book
(1) The Visiting Committee or any visitor may visit the mental health wing upon
any day, at such time and for such length of time as they or he may think fit,
and the medical officer in charge shall on demand of the Visiting Committee
or of any visitor show to them or him every or any person detained in the
mental health wing as a patient or any part of the mental health wing, or any
house, out-house, place or building connected therewith or in its curtilage:
Provided that no member of the Visiting Committee or other visitor, except in
the presence and with the consent of the medical officer in charge, shall be
allowed to enter the cell or room of any patient whom the medical officer in
charge considers to be dangerous.
(2) All members of the Visiting Committee and other visitors shall enter in a
book to be kept for the purpose (to be styled the “Visitors’ Book”) any
remarks which they may consider proper in regard to the condition and
management of the mental health wing and the patients therein and shall sign
such book upon each occasion upon which they visit the mental health wing.
24 Visits of Visiting Committee
The Visiting Committee shall once at least in every 3 months inspect every part of
the mental health wing and see and examine every patient therein and the order and
certificate of admission of every patient admitted since their last visitation and the
books of the mental health wing.
25 Visiting Committee to report to Minister
The Visiting Committee shall in the month of January in every year forward to the
Minister a report in writing of the state and condition of the mental health wing and
as to its sufficiency for the proper accommodation of the number of patients for
whom it may be necessary to provide accommodation, and as to the management of
the mental health wing and the conduct of the medical officer in charge and staff
thereof and the care of patients therein, and in such report shall make such
observations in relation to the state of mind or bodily health of any of the patients, or
any matters connected with the mental health wing as the Visiting Committee may
think fit.
Section 26 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 14
26 Special reports
(1) In addition to the annual report of the Visiting Committee required to be made
under the provisions of section 25, the Visiting Committee, or any member
thereof, shall make such reports upon any matter connected with the mental
health wing as the Minister may from time to time direct.
(2) The Visiting Committee or any visitor may at any time make a report to the
Minister with regard to any matter relating to the mental health wing or the
patients therein which the Visiting Committee or any visitor considers to be a
proper subject for such report.
27 Patients’ letters
Every letter which may be written by any patient in the mental health wing to the
Visiting Committee or to any member thereof or to any other visitor shall be
forwarded unopened to the addressee.
28 Medical officer in charge to visit patients on admission
The medical officer in charge shall visit and examine every patient admitted to the
mental health wing within 24 hours of his admission and shall do and perform all
such other acts and duties as are hereinafter mentioned.
29 Weekly examination of patients
The medical officer in charge shall, at least once in every week, examine every
patient detained in the mental health wing, and once in every week make an entry in
a book to be kept at the mental health wing for that purpose, to be called the Medical
Case Book, which shall be in such form as may be prescribed from time to time by
the Minister.
30 Subordinate officers
The subordinate officers attached to the mental health wing shall, subject to any
regulations which may be in force, follow and obey the directions of the medical
officer in charge as to the care and treatment of any patient, and no such officer shall
be liable to an action for following any directions so given.
Mental Treatment Act CAP. 28.16 Section 31
2008 Revised Edition
Page 15
PART VI - DISCHARGE, DEATH OR ESCAPE OF PATIENTS
31 Discharge of patients
Every patient admitted to the mental health wing as hereinafter mentioned shall be
kept therein until he shall die or be discharged as hereinafter provided.
32 Discharge, death or escape of patients to be notified
When any patient shall be discharged from the mental health wing or when any
patient shall die therein or escape therefrom, it shall be the duty of the medical
officer in charge by the first opportunity after such discharge, death or escape, to
send to the chairman of the Visiting Committee notice in writing thereof.
33 Report and inquiry in case of death
On the death of any person confined in the mental health wing, the medical officer
in charge shall at once report such death to the magistrate who shall thereupon
proceed to hold an inquiry into the cause of the death of the deceased in accordance
with the provisions of the Death and Fire Inquiries Act2.
34 Entries to be made in Register
Upon discharge of any patient from the mental health wing or upon the death of any
patient therein, it shall be the duty of the medical officer in charge within 24 hours
of such discharge or death to make the appropriate entries in the Mental Health
Wing Register.
35 Minister may order discharge or removal of prisoner on certificate of
medical officer in charge
If it shall be certified to the Minister by the medical officer in charge that any person
removed to the mental health wing under section 13 is fit to be discharged
therefrom, the Minister may, by warrant under his hand directed to the medical
officer in charge, order that such person shall be returned to the prison or place of
confinement from which he shall have been taken or, if the period of imprisonment
or custody of such person shall have expired, that he be discharged.
36 Medical officer in charge’s and visitors’ orders of discharge of patients
(1) If it shall appear to the medical officer in charge that any person detained in
the mental health wing is fit to be discharged therefrom, he may order such
patient to be discharged and the patient shall be discharged accordingly.
Section 37 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 16
(2) Any 2 members of the Visiting Committee may make special visits to any
patient detained in the mental health wing, and if after 2 distinct and separate
visits not less than 7 clear days apart, it shall appear to them that such patient
is detained without sufficient cause, they may make an order addressed to the
medical officer in charge for the discharge of such patient and such patient
shall be discharged accordingly:
Provided that the medical officer in charge shall have previous notice of the
second of such visits and if he protests against such discharge it shall not be
made without the consent of the Minister.
37 Exercise of powers under section 36
The powers of ordering the discharge of a patient conferred by section 36 shall not
apply to the case of persons found to be insane by the court and ordered to be kept in
custody during Her Majesty’s pleasure or to a person committed for trial.
38 Patient admitted on application of relatives or guardian or himself may
be discharged or removed at their or his request
(1) If and when any person who signed the order under section 15 on which a
patient was received into the mental health wing, shall, by writing under his
hand directed to the medical officer in charge, request that such patient be
discharged or removed, such patient shall be discharged or removed
accordingly.
(2) If the person who signed the order be dead, absent or incapable, the request
may be made and signed by the person who made the last payment on account
of the patient or by the patient’s nearest of kin, being an adult, resident in
Tuvalu, or by any person who would have the care and control of the patient
upon his discharge or removal, and the patient shall be discharged or removed
accordingly.
(3) A person admitted as a patient on his own application may be discharged by
the medical officer in charge on his own application.
(4) No patient shall be discharged under this section if the medical officer in
charge certifies that in his opinion such patient is dangerous and unfit to be at
large, unless members of the Visiting Committee and the Minister consent to
such discharge; and in such case the discharge may, if the Minister thinks fit,
be made conditional upon the friends of such patient entering into sufficient
recognisances before a magistrate for the peaceable behaviour of such patient.
39 Escaped patient may be apprehended
If any patient, confined or detained in the mental health wing, shall escape
therefrom, it shall be lawful for any person within 7 days of such escape, or for the
Mental Treatment Act CAP. 28.16 Section 40
2008 Revised Edition
Page 17
medical officer in charge or any person authorised by him at any time, to apprehend
such patient and return him to the mental hospital.
40 Patient may be sent to any specified place
Any patient may, upon the advice of the medical officer in charge and with the
consent of members of the Visiting Committee, be sent under proper control to any
specified place for any definite time for the benefit of his health:
Provided that if at any time the medical officer in charge shall be satisfied that the
patient’s health is no longer benefited by his remaining in the said place, or that the
patient is not kept at the said place under proper and sufficient control, he may, with
the consent of members of the Visiting Committee, order the patient to be brought
back to the mental health wing and thereupon the said patient shall be returned to the
mental health wing.
41 Certificates to remain in force
In every case in which any patient shall have been removed temporarily under the
provisions of section 40, and also in every case in which any patient shall have
escaped from the mental health wing, the certificates relating to and the order for the
reception of such patient into the mental health wing shall, upon his return,
respectively remain in force in the same manner as the same would have done if
such patient had not been so removed or had not so escaped and been retaken.
42 Magistrate may order patient to be brought before him for examination
If it shall be made to appear to a magistrate upon information upon oath or
otherwise, that any person of sound mind, other than a criminal under sentence or a
person legally detained during the pleasure of the Crown, is confined in the mental
health wing against his will, he shall have power to order the medical officer in
charge to bring such confined person before him for examination at a time to be
specified in such order, and if upon the examination on oath of such confined person
and of any medical or other witness or witnesses who may be called by the medical
officer in charge or by the magistrate to testify as to the state of mind of such person,
it shall appear to the magistrate’s satisfaction that such confined person is of sound
mind and detained against his will, the magistrate may order such person to be
discharged from the mental health wing, and the medical officer in charge shall
discharge such person accordingly.
Section 43 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 18
PART VII - MISCELLANEOUS
43 Maintenance of patients
(1) Where any patient has property applicable to his maintenance, so much
thereof as may be necessary to pay the charges for the lodging, maintenance,
medicine and care of such patient shall be applied to that purpose, and any
sum which may be due under any regulation which may be in force with
respect to charges, may be recovered by the Minister by summary application
to a magistrate from the trustee or other person having the custody, possession
or charge of the property of such person of unsound mind.
(2) Where any person is liable for the support or maintenance of a person of
unsound mind, the charges for the treatment of such person of unsound mind
while a patient in the mental health wing may in like manner be recovered
from the person so liable:
Provided always that the charges incurred in respect of any patient who is a
native shall be borne by the public funds of Tuvalu.
44 Minister to keep accounts
The Minister shall keep accounts of all moneys due for mental health wing charges
and of all moneys received by him on account of them.
45 Ill-treatment of patients
If the medical officer in charge or any officer, nurse, attendant, servant or other
person employed in the mental health wing, strike, wound, ill-treat or wilfully
neglect any patient therein, he shall be liable on summary conviction to a fine of
$100 or to imprisonment for 6 months:
Provided that nothing in this section shall prevent a prosecution under any other law
but so that a person shall not be punished twice for the same offence.
46 Penalty for aiding or conniving at escape of patient
(1) If the medical officer in charge or any officer or servant in the mental hospital
shall, through wilful neglect or connivance, permit any patient to escape from
the mental health wing or shall secrete or abet or connive at the escape of such
patient, he shall be liable on summary conviction before a magistrate to a fine
of $100.
(2) Every person, other than those mentioned in subsection (1), who aids or abets
the escape of a patient from the mental health wing, shall be liable to the
penalty provided in subsection (1).
Mental Treatment Act CAP. 28.16 Section 47
2008 Revised Edition
Page 19
47 Trespass in mental health wing
Every person found within the limits of the mental health wing without the written
permission of the medical officer in charge or other proper officer, or without lawful
authority, shall be liable on summary conviction to a fine of $10 or in default to
imprisonment for 1 month.
48 Limitation of action
No action shall be brought against any person for anything done or omitted to be
done under this Act, nor for anything done in supposed execution of this Act, unless
within 12 calendar months of the act or omission complained of, and no action shall
be brought against the medical officer in charge or other officer in respect of the
treatment of any patient in the mental health wing unless one calendar month’s
previous notice of the action and of the grounds thereof be given to the defendant in
writing.
49 Remission of fees
The Minister may remit either wholly or in part any fines, fees or dues payable
under any regulations made under section 22.
SCHEDULE 1 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 20
SCHEDULE 1
(Sections 8 and 21)
TUVALU
WARRANT OF COMMITMENT OF PERSON OF UNSOUND MIND TO THE
MENTAL HEALTH WING
To .............................................of .....................................................and to all police
officers and other peace officers within Tuvalu and to the Medical Officer in charge of the
Mental Health Wing at.................................................................................................
WHEREAS ..............................................................of .............................................was on
the .......................day of ........................................................., 20 ............, examined by and
before me at .......................................................under and by virtue of the powers conferred
upon me by the Mental Treatment Act: and whereas I was satisfied by the said examination
that the said .......................................................is a person of unsound mind who ought to
be confined in the Mental Health Wing at ..........................................................under the
provisions of the said Act:
This is therefore to command you the said police officers and other peace officers to take
the said ...........................................................and safely convey him to the said Mental
Health Wing and there to deliver him to the Medical Officer in charge thereof together
with this warrant.
(SIGNED) .........................................................
Magistrate
Mental Treatment Act CAP. 28.16 SCHEDULE 2
2008 Revised Edition
Page 21
SCHEDULE 2
(Sections 9, 12, 13, 15 and 16)
FORM OF MEDICAL CERTIFICATE
I the undersigned being [set forth the qualification entitling to give certificate] hereby
certify that I on the .................day of .............................................,20 .............., at
………… in Tuvalu separately from any other medical officer personally examined
........................ and that the said ...........................................................is in my opinion a
person of unsound mind and a proper person to be taken charge of and detained in the
Mental Health Wing under care and treatment and that I have formed this opinion upon the
following grounds, viz. —
1. Facts indicating insanity observed by myself. [Here state the facts].
2 Other facts (if any) indicating insanity which were communicated to me by
others. [Here state the information and from whom].
(SIGNED) .........................................................
Medical Officer
(Place of abode)................................
Dated this ..............day of ........................................................................, 20 ..................
SCHEDULE 3 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 22
SCHEDULE 3
(Section 11)
TUVALU
MAGISTRATE’S ORDER FOR RECEPTION OF PATIENT
I, A.B., Magistrate at ................................................................ having called to my
assistance ....................................................... a medical officer and having personally
examined .......................................................................... and being satisfied that the said
..............................................................is a person of unsound mind in a dangerous state (or
wandering at large or not under proper care and control or cruelly treated or neglected by
the person having the care or charge of him) and a proper person to be taken charge of and
detained under care and treatment, hereby direct you to receive the said
.................................................... as a patient in the Mental Health Wing. Subjoined is a
statement respecting the said .........................................................
(SIGNED) ......................................................... A.B.
Magistrate at.............................................
Dated this ..............day of ........................................................................, 20 ..................
To the Medical Officer in Charge of the Mental Health Wing at
STATEMENT
(To be filled up by the examining Magistrate as far as possible.)
Name in full of patient .....................................................................................................
Sex and age ......................................................................................................................
Married single or widowed ..............................................................................................
Condition of life and previous occupation .......................................................................
Religious persuasion ........................................................................................................
Place of abode ..................................................................................................................
Whether first attack ..........................................................................................................
Age on first attack ............................................................................................................
When and where previously under care and treatment ....................................................
Duration of existing attack ..............................................................................................
Supposed cause ...............................................................................................................
Mental Treatment Act CAP. 28.16 SCHEDULE 3
2008 Revised Edition
Page 23
General appearances when under attack .........................................................................
Name and place of abode of nearest relative ...................................................................
Special circumstances (if any) preventing the presence of a medical officer at the
magisterial inquiry ...........................................................................................................
(SIGNED) ......................................................... A.B.
Magistrate
SCHEDULE 4 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 24
SCHEDULE 4
(Sections 12 and 13)
TUVALU
MINISTER’S ORDER FOR REMOVAL AND ADMISSION OF PATIENT
To the Officer in charge of the prison at ......................................................and to the
Medical Officer in charge of the Mental Health Wing at .................................................
I, C.D., Minister of ....................................................................................... having received
the medical certificate hereunto attached having reference to the mental condition of
...............................................................at present detained in the prison at
.................................................. do hereby order and direct you the said Officer in charge of
the said prison to cause the said ........................................................ to be removed under
proper custody to the Mental Health Wing at ...................................and I do order and
direct you the said Medical Officer in Charge of the said Mental Health Wing to receive
and detain the said ..................................................as a patient therein.
(SIGNED) ......................................................... C.D.
Minister
Mental Treatment Act CAP. 28.16 SCHEDULE 5
2008 Revised Edition
Page 25
SCHEDULE 5
(Section 15)
ORDER FOR THE RECEPTION OF A PRIVATE PATIENT
I, the undersigned, hereby request you to receive A.B., a person of unsound mind as a
patient into the Mental Health Wing at .................................................. Subjoined is a
statement respecting the said A.B.
(SIGNED) .........................................................
Name .........................................................
Occupation (if any)....................................
Place of abode............................................
Degree of relationship (if any) or other circumstances of connection with the patient
............................................................................................................................................
Dated this ..............day of ........................................................................, 20 ..................
To the Medical Officer in Charge of the Mental Health Wing at
STATEMENT
(If any particulars required be not known the fact to be so stated.)
Name in full of patient ....................................................................................................
Sex and age ......................................................................................................................
Married single or widowed ..............................................................................................
Condition of life and previous occupation ......................................................................
Religious persuasion .......................................................................................................
Previous place of abode ..................................................................................................
Whether first attack .........................................................................................................
Age on first attack ...........................................................................................................
When and where previously under care and treatment ...................................................
Duration of existing attack ..............................................................................................
Supposed cause ...............................................................................................................
General appearances when under attack .........................................................................
SCHEDULE 5 CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 26
Special circumstances (if any) preventing the patient being examined before admission by
a medical officer .........................................................................................................
(SIGNED) .........................................................
When the person signing the statement is not the person who signs the order the following
particulars concerning the person signing the statement are to be added, viz. —
Occupation (if any) ..........................................................................................................
Place of abode ..................................................................................................................
Degree of relationship (if any) or other circumstances of connection with the patient
...........................................................................................................................................
Mental Treatment Act CAP. 28.16 SCHEDULE 6
2008 Revised Edition
Page 27
SCHEDULE 6
(Section 18)
MENTAL HEALTH WING REGISTER
6 5 4 3 2 1 Number in order of admission
Number of previous admission (if any)
Date of admission
Full name
Nationality
Sex
Age
Married, single or widowed
Condition of life and previous occupation
Previous place of abode
By whose authority sent
Date of medical certificate or certificates and
by whom signed
Form of mental disorder
Supposed cause of Insanity
Number of previous attacks
Age on first attack
Date of discharge, removal or death
Recovered
Relieved
Not improved
Died
Assigned cause of death
Observations
ENDNOTES CAP. 28.16 Mental Treatment Act
2008 Revised Edition Page 28
ENDNOTES
1 1990 Revised Edition, Cap. 37 – Acts 6 of 1927 (Cap. 38 of 1952), 1 of 1954, 8 of 1957, 7 of
1964, 8 of 1968, 2 of 1969, L.N. 15/71, 8 of 1971, 3 of 1972
Amended by Act 4 of 2009, commencement 6 July 2009
2 Cap. 7.16
