Section 16
Discharge of involuntary patient on application
Subject to subsection (2), an involuntary patient or a relative of the patient may make an application in the prescribed form to the Medical Director requesting the patient’s discharge.
26 Laws of Malaysia ACT 615
(2)
On receipt of an application made under subsection (1), the
Medical Director shall examine the patient in respect of whom the application is made and shall record his findings in a report.
(3)
The Medical Director shall not discharge the patient unless he is satisfied, based on the examination under subsection (2), that the patient—
(a)
is not mentally disordered; or
(b)
though still mentally disordered, is not in need of further care or treatment in the psychiatric hospital and is not dangerous to himself or to other persons.
(4)
A person aggrieved by the decision of the Medical Director under subsection (3) refusing to discharge him may appeal in writing to the Visitors within fourteen days from the date of receipt of such decision.
(5)
When an appeal is made under subsection (4), the Medical
Director shall submit the report of his examination under subsection
(2)
to the Visitors.
(6)
On receipt of an appeal made under subsection (4), the
Visitors shall personally examine the person in respect of whom the appeal is made and record their findings in a report.
(7)
The Visitors shall not discharge the patient unless they are satisfied, based on the examination under subsection (6) and the
Medical Director’s report, that the patient—
(a)
is not mentally disordered; or
(b)
though still mentally disordered, is not in need of further care or treatment in the psychiatric hospital and is not dangerous to himself or to other persons.
(8)
A person aggrieved by the decision of the Visitors under subsection (7) may appeal in writing to the Director General within
Mental Health 27
fourteen days from the date of receipt of the Visitor’s refusal to grant his discharge.
(9)
When an appeal is made under subsection (8), the Visitors shall submit the report of their examination under subsection (6)
together with the report of the Medical Director to the Director
General.
(10)
If, having regard to the patient’s current mental condition and upon considering the report of the medical director and that of the
Visitors, the Director General is not satisfied that the continued detention of the patient is necessary, he shall order that the patient be discharged.