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

Chapter V : Voluntary, assisted and involuntary Mental Health Care

35. Appeal against decision of head of health establishment on involuntary care, treatment and rehabilitation

 

(1)
(a) A mental health care user, or the spouse, next of kin, partner, associate, parent or guardian of the mental health care user may, within 30 days of the date of the written notice issued in terms of section 33(8), appeal against the decision of head of the health establishment to the Review Board.
(b) Such an appeal must contain the facts and the grounds on which the appeal is based.

 

(2) Within 30 days after receipt of the notice of appeal, the Review Board must –
(a) obtain from the head of the health establishment concerned, a copy of the application made in terms of section 33, notice given in terms of section 33(8) and a copy of the findings of the assessment conducted in terms of section 34(1), if applicable;
(b) give the appellant, applicant, mental health practitioners referred to in section 33, an independent mental health care practitioner, if any, and the head of the health establishment concerned an opportunity to make written or oral representations on the merits of the appeal.
(c) consider the appeal in the prescribed manner; and
(d) send a written notice of its decision and the reasons for such decision to the appellant, applicant, the head of the health establishment concerned and head of the relevant provincial department.

 

(3) If the Review Board upholds the appeal –
(a) all care, treatment and rehabilitation services administered to the mental health care user must be stopped according to accepted clinical practices; and
(b) the user, if admitted, must be discharged by the head of the health establishment, unless the user consents to the care, treatment and rehabilitation services.

 

(4) If the Review Board does not uphold the appeal, it must submit the documents referred to in subsection (2)(a) and (d) to the Registrar of a High Court for the review by the High Court.