In this Act, unless the context indicates otherwise—

"administrator"

means a person appointed in terms of section 59 to care for and administer the property of a mentally ill person and where applicable includes an interim administrator;

"assisted care, treatment and rehabilitation"

means the provision of health interventions to people incapable of making informed decisions due to their mental health status and who do not refuse the health interventions and "assisted care, treatment and rehabilitation services" has a corresponding meaning;

"assisted mental health care user"

means a person receiving assisted care, treatment and rehabilitation;

"associate"

means a person with a substantial or material interest in the well-being of a mental health care user or a person who is in substantial contact with the user;

"care and rehabilitation centres"

means health establishments for the care, treatment and rehabilitation of people with intellectual disabilities;

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

"Correctional Services Act"

means the Correctional Services Act, 1998 (Act No. 111 of 1998);

"court"

means a court of law;

"Criminal Procedure Act"

means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

"head of a health establishment"

means a person who manages the establishment concerned;

"health care provider"

means a person providing health care services ;

"health establishment"

means institutions, facilities, buildings or places where persons receive care, treatment, rehabilitative assistance, diagnostic or therapeutic interventions or other health services and includes facilities such as community health and rehabilitation centres, clinics, hospitals and psychiatric hospitals;

"involuntary care, treatment and rehabilitation"

means the provision of health interventions to people incapable of making informed decisions due to their mental health status and who refuse health intervention but require such services for their own protection or for the protection of others and "involuntary care, treatment and rehabilitation services" has a corresponding meaning;

"involuntary mental health care user"

means a person receiving involuntary care, treatment and rehabilitation;

"Health Professions Act"

means Health Professions Act, 1974 (Act No. 56 of 1974);

"medical practitioner"

means a person registered as such in terms of the Health Professions Act;

"mental health care practitioner"

means a psychiatrist or registered medical practitioner or a nurse, occupational therapist, psychologist or social worker who has been trained to provide prescribed mental health care, treatment and rehabilitation services;

"mental health care provider"

means a person providing mental health care services to mental health care users and includes mental health care practitioners;

"mental health care user"

means a person receiving care, treatment and rehabilitation services or using a health service at a health establishment aimed at enhancing the mental health status of a user, State patient and mentally ill prisoner and where the person concerned is below the age of 18 years or is incapable of taking decisions, and in certain circumstances may include—

"mental health status"

means the level of mental well-being of an individual as affected by physical, social and psychological factors and which may result in a psychiatric diagnosis;

"mental illness"

means a positive diagnosis of a mental health related illness in terms of accepted diagnostic criteria made by a mental health care practitioner authorised to make such diagnosis;

"mentally ill prisoner"

means a prisoner as defined in section 1 of the Correctional Services Act in respect of whom an order has been issued in terms of section 52(3)(a) to enable the provision of care, treatment and rehabilitation services at a health establishment designated in terms of section

"Minister"

means a Minister responsible for Health;

"national department"

means the National Department of Health services within the national sphere of government;

"official curator ad litem"

means the Director of Public Prosecutions of a province in whose jurisdiction the State patient is detained;

"prescribed"

means prescribed by regulation;

"prison"

means a prison as defined in section 1 of the Correctional Services Act;

"property",

for purposes of Chapter VIII, includes income, finance, business or undertaking;

"provincial department"

means the department responsible for rendering health services within the provincial sphere of government ;

"psychiatric hospital"

means a health establishment that provides care, treatment and rehabilitation services only for users with mental illness ;

"psychiatrist"

means a person registered as such in terms of the Health Professions Act;

"psychologist"

means a person registered as such in terms of the Health Professions Act;

"rehabilitation"

means a process that facilitates an individual attaining an optimal level of independent functioning;

"relevant member of the Executive Council"

means a member of the Executive Council responsible for health in a province;

"Review Board"

means Mental Health Review Board established in terms of section 18;

"severe or profound intellectual disability"

means a range of intellectual functioning extending from partial self-maintenance under close supervision, together with limited self-protection skills in a controlled environment through limited self care and requiring constant aid and supervision, to severely restricted sensory and motor functioning and requiring nursing care ;

"social worker"

means a person registered as such in terms of the Social Services Professions Act, 1978 (Act No. 110 of 1978);

"State patient"

means a person so classified by a court directive in terms of section 77(6)(a)(i) or 78(6)(i)(aa) of the Criminal Procedure Act;

[Definition substituted by section 19 of Notice No. 113, GG 24277, dated 17 January 2003]

"this Act"

includes the regulations;

"voluntary care, treatment and rehabilitation"

means the provision of health interventions to a person who gives consent to such interventions.