Section 6: Functions of Commission
This section is inserted by Act No 2 of 2019, section 6.
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
6. Functions of Commission
(1) The Commission shall be responsible for matters
specified in sections 15, 17, 18, 21 and 22 and shall, in addition –
(a) deal with complaints received from patients,
their relatives and members of the public;
(b) investigate any breach or suspected breach of
discipline, professional misconduct and violation
of human rights or patients’ rights;
(c) determine, on the basis of evidence, whether the
complaints and charges against a medical officer
or psychaitrist, any other officer, or any other
person, have been proved;
(d) refer to the police any suspected criminal offence
under this Act;
(e) refer any matter under paragraphs (a) to (d) and
(g) to the Ministry;
(f) notify the Board, after an enquiry, of any breach
or violation of human rights;
(g) review matters relating to admission, treatment,
leave, discharge and continued treatment of
security patients who are unfit to stand trial by
reason of mental disorder or who have been
found not to be guilty by reason of mental
disorder; and
38 Acts 2019
(h) oversee the proper functioning of the Accounts
Committee.
(2) Where the Commission receives a complaint that a
patient is being admitted or kept at a centre against his will, the
Commission shall inquire into it immediately.
(3) The law of evidence shall apply to the proceedings
before the Commission.
(4) The Commission may –
(a) require, in writing, any person to appear before
it to give evidence or produce such document or
article as it may require;
(b) take evidence on oath and, for that purpose,
administer an oath.
(5) The Commission shall, after conducting an enquiry,
forward to the Board, not later than 14 days after completion of the
proceedings, its report and a copy of the proceedings, including any
document or exhibit produced.
(6) The Commission shall –
(a) keep a record of all its proceedings and decisions;
(b) every 6 months, furnish to the Board a report of
all its decisions and such other information as
the Board may require.
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Questions this section answers
- Can I complain to the Mental Health Commission if my rights as a patient are breached?
- Will the Commission investigate if I'm kept at a mental health centre against my will?