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Mental Health Care Act, 2002 (Act No. 17 of 2002)

Regulations

Regulations for Licensing Community Mental Health Day Care and Residential Care Facilities for People with Mental Illness and or Severe or Profound Intellectual Disability, 2025 - effective 20 December 2026

7. Handling of application

 

(1) The HOD must, within 30 days of receipt of the application, constitute an inspection team to inspect a facility that applied for to operate or establish a mental health day care or residential care facility.

 

(2) The inspection team must include—
(a) a minimum of two registered mental health care practitioners, one of which must be an occupational therapist and another being a psychiatric nurse, a medical officer, or a psychiatrist;
(b) a dietician;
(c) a social worker;
(d) an environmental health practitioner;
(e) a financial officer;
(f) a licensing administrator or administrative officer; and
(g) a mental health care user.

 

(3) The inspection team must conduct the physical inspection of the facility in respect of which the application for a licence is made.

 

(4) Where the application is incomplete or has insufficient information the HOD must inform the applicant, in writing, that the application will be considered only when all the requirements of the application have been met.

 

(5) The HOD must appoint an Adjudication Panel consisting of not less than five officials from the Department to consider the application and make recommendations to the HOD.

 

(6) The Adjudication Panel must include designated officials from the province responsible for—
(a) mental health;
(b) quality assurance;
(c) risk management;
(d) infrastructure;
(e) financial management; and
(f) legal practice.

 

(7) For the purposes of this clause, "financial officer" means an official who manages financial actions, including financial planning, management of financial risks, record keeping and financial reporting.