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Section 6: Functions of Commission

Mental Health Care Act

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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