Mental Treatment Act, 1961

Insertion of section after section 204 of Principal Act.

24.—The following section is hereby inserted after section 204 of the Principal Act:

“204A.(1) Any person may apply to a mental hospital authority for information as to whether a particular person is detained as a patient of the authority under a reception order and, if he is so detained, as to the name of the person in charge of the institution named in the reception order and the situation of that institution.

(2) Where an application is made as aforesaid with respect to any person, the applicant may also apply to the mental hospital authority for—

(a) a copy of any relevant reception order,

(b) the name of the applicant for any relevant recommendation for reception or reception order,

(c) the name or names of any registered medical practitioner or practitioners who made any recommendation or signed any certificate in relation to such person.

(3) Where an application is made under subsection (1) of this section, the mental hospital authority shall grant it unless they decide, and so inform the applicant, that the applicant has failed to satisfy them that he is a proper person to be given the information for which he applies.

(4) Where an application is made under subsection (2) of this section, the mental hospital authority shall, if the person to whom the application relates is detained as their patient, grant the application unless they decide, and so inform the applicant, that the applicant has failed to satisfy them that he is a person proper to be given the document and information for which he applies.

(5) Where an applicant is informed as provided for by subsection (3) or (4) of this section, he may appeal to the Minister against the decision of the mental hospital authority and, if on such appeal the Minister directs the grant of the application, it shall be granted forthwith.”