Mental Health Act 20266

Removal of all members of Board from office

105. (1) The Minister may remove all the members of the Board from office if—

(a) the Board fails to achieve a quorum for 3 consecutive meetings,

(b) the Board does not comply with a judgment, order or decree of a court,

(c) the Board does not comply with a direction of the Minister or any other requirement imposed on it by or under any enactment including this Act, or

(d) he or she is of the reasonable opinion that the Board’s functions are not being performed in an effective and efficient manner.

(2) Before removing all the members of the Board from office under subsection (1)(d), the Minister may appoint a person to—

(a) conduct an independent review of any matter giving rise to his or her opinion that the Commission’s functions are not being performed in an effective or efficient manner, and

(b) submit a report to the Minister on the results of the review.

(3) The Board shall co-operate with a review under subsection (2) and give the person conducting it all reasonable assistance, including access to such premises, equipment and records as the person may require for the purposes of the review.