Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsGeneral RegulationsChapter 3 : Appeals15. Consideration of appeals by Review Board |
| (1) | If an appeal against a decision contemplated in section 27(9) and 33(8) to provide assisted or involuntary care, treatment and rehabilitation is made to a Review Board, the secretariat of that Review Board must ensure that all documentation in terms of section 29 and 35 of the Act is obtained and delivered to members of that Review Board at least one week prior to the appeal being considered by that Review Board. |
| (2) | The secretariat of a Review Board must in wring and by registered post inform the appellant, the person referred to in section 27(1) or 33(1) of the Act, the relevant mental health care practitioners, the head of the health establishment concerned and any other person whom the Review Board considers to be important to the appeal hearing, of the date of the appeal and whether written or oral representation, as appropriate, must be made to the Review Board. |
| (3) | The Review Board may specifically invite the persons referred to in subregulation (2) to the appeal hearing. |
| (4) | The Review Board shall give notice of the appeal hearing at least two weeks before the date of such hearing. |
| (5) | The Review Board may summon any person in the form of Form MHCA 18 of the Annexure to appear before it as a witness to give evidence or to produce any book, record, document or other item, which in the opinion of the Review Board is relevant to the appeal. |
| (6) | A person referred to in subregulation (5) shall be compensated by funds appropriated by the provincial department concerned for any reasonable expenses which such person may have incurred in order to attend the appeal hearing. |
