Laws
Mental Health Act
Part
s 64

In force2023 Revised EditionCurrent version · 2023 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)

Contents

Mental Health Act

Find in this Act

Preliminary

1Citation
2Interpretation
3Appointment of Government psychiatric facility
4Appointment of private psychiatric facility

Admission and Detention in, and Discharge from, Psychiatric Facilities

5Admission of patient into psychiatric facility
6Admission of voluntary patient into psychiatric facility
7Discharge of voluntary patient from psychiatric facility
8Admission of involuntary patient into psychiatric facility
9Apprehension of mentally disordered person
10Suspected mentally disordered person abused etc. by person convicted under any written law
11Suspected mentally disordered person neglected or ill-treated
12Examination of suspected mentally disordered person by designated medical practitioner in psychiatric facility
13Further continued detention of patient

Discharge, Leave of Absence and Transfer of Involuntary Patients from Psychiatric Facilities

14Discharge of involuntary patient by officer in charge
15Discharge of involuntary patient on application
16Leave of absence
17Apprehension of involuntary patient
18Transfer of involuntary patient to another Government psychiatric facility or private psychiatric facility
19Review of involuntary patient by officer in charge
20Duty to notify court of discharge of patient detained under section 44(1) or 62(1)

Persons Admitted or Confined in Psychiatric Facilities Under Criminal Procedure Code

21Designation of place of safe custody
22Examination of persons remanded or confined in prison etc.
23Review of persons confined under section 317 or 321 of Criminal Procedure Code
24

Community Psychiatric Residence

25Community psychiatric residence
26Appointment of community psychiatric residence
27Person in charge of community psychiatric residence
28Admission of patient into community psychiatric residence

Community Mental Health Centre

29Community mental health centre
30Appointment of community mental health centre
31Person in charge of community mental health centre
32Community care treatment

Visits, Examination and Review by Board of Visitors

33Duty to visit psychiatric facility or community psychiatric residence
34Report
35Examination of involuntary patient
36Review of involuntary patient
37Confidentiality of information

Quality of Psychiatric Healthcare Facilities and Services

38Quality of psychiatric healthcare facilities and services
39Power of Director-General to issue directives, orders or guidelines relating to quality assurance

Proceedings in Inquiries Into Mental Disorder

40Interpretation of this Part
41Court may order inquiry
42Notice of inquiry
43Power to examine person alleged to be mentally disordered person
44Power to send person alleged to be mentally disordered person to psychiatric facility for observation
45Questions to be decided by Court
46Order as to costs
47Appointment of suitable person or group of persons
48Powers of management of estate of mentally disordered person
49Power of Registrar to receive proposal
50Relatives who may attend proceedings
51Orders may be made on application
52Dealing with property of mentally disordered person
53Appointed person to execute instrument
54Performance of contract
55Dissolution and disposal of property of partnership
56Disposal of business premises
57Appointed person may dispose of lease
58Transfer of stock, security etc. of mentally disordered person
59Brunei Darussalam
60Power to order maintenance without appointing suitable person or group of persons
61Temporary provision for maintenance
62Order for reception of mentally disordered person
63Annulling proceedings
64Discharge of person found on inquiry to be not capable of managing himself and his affairs

General

65Giving of consent for surgery etc.
66Duty to give information to patients
67Copy of reception order to be sent to officer in charge of psychiatric facility
68Medical certificate, order etc. may be amended
69Sums payable by Government to mentally disordered person
70Neglect or ill-treatment of patient
71Abetment of escape of patients
72Penalty for improper reception and detention
73Limitation of liability
74Code of practice
75Use of codes of practice in criminal proceedings
76Court for trial of offences
77Regulations
78Construction of other written laws

Mental Health Act · 2023 Revised Edition · Part · Proceedings in Inquiries Into Mental Disorder

64. Discharge of person found on inquiry to be not capable of managing himself and his affairs

No plain-English summary for s 64 yet. See the rest of this law

Official textFrom Attorney General's Chambers, unchanged

Where after an inquiry into the capability of a person detained in a psychiatric facility to manage himself and his affairs, the Court has made an order under section 63(3), the officer in charge shall, immediately on the production of a copy of the order, discharge that person from the facility.

psychiatric facility

Defined · s 2

“psychiatric facility” means a Government psychiatric facility or a private psychiatric facility;

Open s 2

Mental Health

Terms defined in this Act

Court
Defined · s 40
“Court” means the High Court;
Open s 40
officer in charge
Defined · s 2
“officer in charge” means the person responsible for the management and control of a psychiatric facility and for the supervision of the medical staff, nursing staff, technical staff and ancillary staff employed in that facility;
Open s 2
psychiatric facility
Defined · s 2
“psychiatric facility” means a Government psychiatric facility or a private psychiatric facility;
Open s 2

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Mental Health Act · s 64

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Where this comes from

Attorney General's Chambers · Mental Health Act, 2023 Revised Edition. Reader record updated on 2 Oct 2026.

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