Opinion Number. 241

Subject

REFERRED MATTERS
EXTENT OF POWER OF COMMONWEALTH TO REQUIRE MAINTENANCE OF INSANE BY RELATIVES RESIDENT INTERSTATE

Key Legislation

CONSTITUTION, s. 51 (xxxviij

Date
Client
The Prime Minister

The Premier of Western Australia has written the following letter to the Prime Minister:

I desire to direct your attention to a minute received by me from our Inspector-General of the Insane (of which I enclose a copy), dealing with the question of the maintenance of persons in our Hospitals for the Insane by their relatives resident in the Eastern States.

I shall be glad to learn that your Government sees its way clear to introduce and support a measure having the above object in view.

The Prime Minister has forwarded the papers to me and asks whether the Commonwealth has power to legislate in the direction indicated by the Premier of Western Australia.

In my opinion the Commonwealth has no power to legislate in the direction indicated unless at the request of two or more State Parliaments.

[Vol. 5, p. 236]

* See also Opinion No. 258.