Statistics Act, 1999
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VI : State Patients43. Transfer of State patients between designated health establishments |
| (1) | Despite the determination by the head of the national department in terms of section 42(3)(a), a head of the relevant provincial department may thereafter transfer a State patient to another health establishment designated in terms of section 41 in – |
| (a) | the province which the head of the provincial department has jurisdiction; or |
| (b) | another province with the concurrence of the head of that other provincial department. |
| (2) | Transfer may only be done if it is necessary for the care, treatment and rehabilitation of the State patient concerned. |
| (3) | Despite the determination of the national department, a relevant Review Board may order the State patient to be transferred to another designated health establishment with maximum security facilities in terms of section 41. |
| (4) | An order referred to in subsection (3) may only be given – |
| (a) | if the State patient has or is likely to inflict harm on others; and |
| (b) | on receipt of a written application from the head of the health establishment at which the State patient is detained setting out the facts on which the request is based. |
| (5) | On issuing the order, the Review Board concerned must forward a copy of the order concerned to the head of the national department. |
| (6) | The head of the national department must within 14 days of receipt of the order – |
| (a) | determine the health establishment at which the State patient must be transferred to; and |
| (b) | ensure that the necessary arrangements are made with the appropriate health establishment to effect the transfer as ordered. |
| (7) | The head of the health establishment may, with the consent of the head of the health establishment with maximum security facilities, effect the transfer pending the decision of the Review Board if the conduct of the State patient has or is likely to give rise to an emergency. |
| (8) | The person responsible for effecting a transfer in terms of this section must, in writing, notify the official curator ad litem. |
