Mental Health Act 2016
sec.300Termination of appointment
Start here
Get a plain-English read of sec.300
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2016.
sec.300 Termination of appointment
The Governor in Council may terminate the appointment of the chief psychiatrist if the Governor in Council is satisfied the chief psychiatrist— has become incapable of satisfactorily performing the chief psychiatrist’s functions; or has performed the chief psychiatrist’s functions carelessly, incompetently or inefficiently; or has been guilty of misconduct that could warrant dismissal from the public service if the chief psychiatrist were a public service officer. The Governor in Council must terminate the appointment of the chief psychiatrist if the chief psychiatrist— is no longer eligible for appointment as the chief psychiatrist; or is convicted of an indictable offence. (sec.300-ssec.1) The Governor in Council may terminate the appointment of the chief psychiatrist if the Governor in Council is satisfied the chief psychiatrist— has become incapable of satisfactorily performing the chief psychiatrist’s functions; or has performed the chief psychiatrist’s functions carelessly, incompetently or inefficiently; or has been guilty of misconduct that could warrant dismissal from the public service if the chief psychiatrist were a public service officer. (sec.300-ssec.2) The Governor in Council must terminate the appointment of the chief psychiatrist if the chief psychiatrist— is no longer eligible for appointment as the chief psychiatrist; or is convicted of an indictable offence.
- (a) has become incapable of satisfactorily performing the chief psychiatrist’s functions; or
- (b) has performed the chief psychiatrist’s functions carelessly, incompetently or inefficiently; or
- (c) has been guilty of misconduct that could warrant dismissal from the public service if the chief psychiatrist were a public service officer.
- (a) is no longer eligible for appointment as the chief psychiatrist; or
- (b) is convicted of an indictable offence.