[Sections 44(4) and 45(1)]
| (1) |
Any person entrusted with the power to transfer involuntary service users from prison, health establishment, public treatment centre, youth care centre or alternative care centre must— |
| (a) |
conduct a medical assessment to establish whether a service user to be transferred complies with section 44(2)(a) and (b) of the Act; |
| (b) |
if it is established that section 44(2)(a) and (b) have been complied with, the transferring person must conduct a risk assessment to determine whether the service user is likely to escape from a public treatment centre and whether the involuntary service user is not a danger to— |
| (iii) |
other service user; and |
| (iv) |
staff members of the public treatment centre. |
| (c) |
communicate intention to transfer the involuntary service user to an identified public treatment centre to establish whether there is space available or not. |
| (d) |
if there is space available arrange transport to transfer the involuntary service user to a public treatment centre. |
| (2) |
Once the involuntary service user completes the treatment programme the manager of a public treatment centre must— |
| (a) |
communicate the intention to retransfer the involuntary service user or child to the institution that transferred the involuntary service user or child or to any other place as contemplated in section 45(1) of the Act; |
| (b) |
arrange transport to retransfer the involuntary service user or child to the place referred in subregulation (2)(a) as contemplated; and |
| (c) |
ensure that the retransfer of an involuntary service user is effected by completing a form substantially similar to Form 9 IN Annexure F. |
Implementation of Geneva Conventions Act, 2012
