Assisted Decision-Making (Capacity) Act 2015

Chapter 4

Reports by Director and codes of practice

Reports by Director

102. (1) The Director shall, not later than 31 March in each year, submit to the Mental Health Commission a report on the Director’s activities in the immediately preceding calendar year or, if this Part commenced during that calendar year on a date other than 1 January, the period on and from that commencement to and including the immediately preceding 31 December.

(2) The Mental Health Commission shall cause a copy of a report submitted to it pursuant to subsection (1) to be forwarded to the Minister for Health not later than 28 days after the date on which the Commission received the report.

(3) The Director shall, within 2 years but not earlier than one year from the date of commencement of Part 9, submit to the Mental Health Commission a report—

(a) on the effectiveness of the Director,

(b) on the adequacy of the functions assigned under this Act to the Director, and

(c) containing such recommendations (if any) that the Director thinks would improve his or her effectiveness or the adequacy of the functions assigned to the Director under this Act, or both.

(4) The Mental Health Commission shall cause a copy of a report submitted to it pursuant to subsection (3) to be sent to the Minister for Health, not later than 28 days after it was so submitted or such longer period as the Minister for Health may permit in any particular case, together with any recommendations the Commission may wish to make in relation to it.

(5) At the end of each 5 year period commencing on the date of commencement of Part 9, the Director shall submit to the Mental Health Commission and the Minister for Health a report reviewing the general performance of the objectives and functions of the Director in the previous 5 years.

(6) The Director may make any other reports that he or she considers appropriate for drawing to the attention of the Mental Health Commission and the Minister for Health matters that have come to his or her notice and that, in his or her opinion, should, because of their gravity or other exceptional circumstances, be the subject of a special report to the Mental Health Commission and the Minister for Health.

(7) As soon as practicable after receiving a report under this section, the Minister for Health shall cause a copy of it to be laid before each House of the Oireachtas.