Supreme Court Act, 1959
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter V : Voluntary, assisted and involuntary Mental Health Care28. Initial review of assisted mental health care user by Review Board |
| (1) | The head of the health establishment concerned must, within seven days of his or her decision under section 27(9), send a copy of the application to the relevant Review Board together with a confirmation of his or her decision. |
| (2) | Within 30 days of receipt of the documents referred to in subsection (1), the Review Board must conduct an investigation into the – |
| (a) | incapacity of the mental health care user to make an informed decision on the need for the assisted care, treatment and rehabilitation services; and |
| (b) | circumstances under which the mental health care user is receiving care, treatment and rehabilitation services. |
| (3) | On completion of the investigation, the Review Board must – |
| (a) | request the head of the health establishment to – |
| (i) | continue providing the mental health care user with the appropriate care, treatment and rehabilitation services; or |
| (ii) | discharge the mental health care user according to accepted clinical practice; and |
| (b) | report on its findings and the steps taken to the head of the relevant provincial department. |
| (4) | If at any stage before the completion of the investigation, an appeal is lodged in terms of section 29, the Review Board must stop the investigation and consider the appeal in question. |
