Section 43: Appeal

43. Appeal (1) Any patient or his next of kin, who is dissatisfied with the admission, refusal to admit, treatment, discharge or living conditions of a person at a centre, may lodge a complaint with the Superintendent. (2) Where the Superintendent fails to intervene or where the patient or his next of kin is dissatisfied with the intervention of the Superintendent, following a complaint under subsection (1), the patient or his next of kin may appeal to the Commission. (3) An appeal to the Commission shall be heard at its first sitting following the filing of the appeal. (4) (a) Where the patient or his next of kin is dissatisfied with the decision of the Commission, he may appeal to the Magistrate for the district where the centre is situated within 21 days from the decision of the Commission. (b) The Magistrate shall hear an appeal made under paragraph (a) according to the procedure provided in respect of the hearing on a plaint with summons. (5) The patient or his next of kin may appeal from the decision of the Magistrate to the Supreme Court. (6) Section 37 of the District and Intermediate Courts (Civil Jurisdiction) Act shall apply to an appeal under subsection (4).