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Section 5: Mental Health Commission

Mental Health Care Act

This section is inserted by Act No 2 of 2019, section 5.

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

5. Mental Health Commission (1) There shall be for the purposes of this Act a Mental Health Commission. 36 Acts 2019 (2) The Commission shall consist of – (a) a Chairperson, to be appointed by the Prime Minister, who shall be a Magistrate or a law officer, of not less than 10 years’ standing; (b) 2 specialists with more than 10 years experience in the field of psychiatry; (c) a public officer in the grade of Regional Health Director; (d) a senior medical social worker; (e) a person, not being a medical practitioner. (3) The members of the Commission – (a) other than the Chairperson, shall be appointed by the Minister; and (b) shall hold office for a period of 2 years and be eligible for reappointment. (4) The Commission shall meet once monthly and as and when required. (5) (a) Subject to paragraphs (b) and (c), the decision of the Commission shall be taken by a majority of the votes of all the members present. (b) At any meeting of the Commission, 4 members, one of whom shall be a medical practitioner, shall constitute a quorum. (c) Each member shall have one vote and, in the event of equality of votes, the Chairperson shall have a casting vote. (d) No member shall have the right to vote on any matter in relation to which he has been involved as a treating doctor. Acts 2019 37 (e) Every member shall be paid such fees as the Minister may determine. (6) No member shall be deemed to hold a public office by reason only of his appointment. (7) In this section – “member” includes the Chairperson of the Commission.

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