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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Mental Health Care Act, No. 17 of 2002

Long title


To provide for the care, treatment and rehabilitation of persons who are mentally ill; to set out different procedures to be followed in the admission of such persons; to establish Review Boards in respect of every health establishment; to determine their powers and functions; to provide for the care and administration of the property of mentally ill persons; to repeal certain laws; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

TABLE OF CONTENTS

CHAPTER I. INTRODUCTION
1. Definitions
2. Interpretation

CHAPTER II. FUNDAMENTAL PROVISIONS
3. Objects of Act
4. Implementation of policies and measures by State
5. Designation of health establishments administered under the auspices of State as psychiatric hospitals or as care and rehabilitation centres
6. Provision of mental health care, treatment and rehabilitation services at health establishments

CHAPTER III. RIGHTS AND DUTIES RELATING TO MENTAL HEALTH CARE USERS
7. Application of chapter
8. Respect, human dignity and privacy
9. Consent to care, treatment and rehabilitation and admission to health establishments
10. Unfair discrimination
11. Exploitation and abuse
12. Determinations concerning mental health status
13. Disclosure of information
14. Limitation on intimate adult relationships
15. Right to representation
16. Discharge reports
17. Knowledge of rights

CHAPTER IV. MENTAL HEALTH REVIEW BOARDS
18. Establishment
19. Powers and functions of Review Board
20. Composition of Review Board
21. Removal
22. Vacancies
23. Remuneration
24. Procedures of Review Board

CHAPTER V. VOLUNTARY, ASSISTED AND INVOLUNTARY MENTAL HEALTH CARE
25. Voluntary care, treatment and rehabilitation services
26. Care, treatment and rehabilitation for mental health care users incapable of making informed decisions
27. Application for assisted care, treatment and rehabilitation services
28. Initial review of assisted mental health care user by Review Board
29. Appeal against decision of head of health establishment to approve application for assisted care, treatment and rehabilitation
30. Periodic review and annual reports on assisted health care users
31. Recovery of capacity of assisted mental health care users to make informed decisions
32. Care, treatment and rehabilitation of mental health care users without consent
33. Application to obtain involuntary care, treatment and rehabilitation
34. 72-Hour assessment and subsequent provision of further involuntary care, treatment and rehabilitation
35. Appeal against decision of head of health establishment on involuntary care, treatment and rehabilitation
36. Judicial review of need for further involuntary care, treatment and rehabilitation services
37. Periodic review and annual reports on involuntary mental health care users
38. Recovery of capacity of involuntary mental health care users to make informed decisions
39.. Transfer of mental health care users to maximum security facilities
40. Intervention by members of South African Police Service

CHAPTER VI. STATE PATIENTS
41. Designation of health establishments for State patients
42. Admission of State patients to designated health establishments
43. Transfer of State patients between designated health establishments
44. State patients who abscond
45. Leave of absence from designated health establishments
46. Periodic review of mental health status of State patients
47. Application for discharge of State patient s
48. Conditional discharge of State patients, amendments to conditions or revocation of conditional discharge

CHAPTER VII. MENTALLY ILL PRISONERS
49. Designation of health establishments for prisoners who are mentally ill
50. Enquiry into the mental health status of prisoner
51. Care, treatment and rehabilitation of prisoners with mental illnesses in prison
52 Magisterial enquiry concerning transfer to designated health establishments
53. Procedure to transfer mentally ill prisoners to designated health establishments
54. Transfer of mentally ill prisoners between designated health establishments
55. Periodic reviews of mental health status of mentally ill prisoners
56. Recovery of mental health status of mentally ill prisoners
57. Mentally ill prisoners who abscond from health establishments
58. Procedure on expiry of term of imprisonment of mentally ill prisoners

CHAPTER VIII. CARE AND ADMINISTRATION OF PROPERTY OF MENTALLY ILL PERSON OR PERSON WITH SEVERE OR PROFOUND INTELLECTUAL DISABILITY
59. Appointment of administrator for care and administration of property of mentally ill person or person with severe or profound intellectual disability
60. Application to Master of High Court for appointment of administrator
61. Recommendation to appoint administrator by High Court during an enquiry or in course of legal proceeding
62. Confirmation of appointment of administrator
63. Powers, functions and duties of administrators and miscellaneous provisions relating to appointment of administrators
64. Termination of administrator
65. Administration of property of mentally ill minors or minors with severe or profound intellectual disability

CHAPTER IX. REGULATIONS
66. Regulations
67. Content of regulations
68. Procedure for making regulations
69. Conditions and exemptions contained in regulations

CHAPTER X. GENERAL PROVISIONS
70. Offences and penalties
71. Establishment of advisory or technical committees
72. Delegation and assignment of powers and agreements
72A. Delegation of powers [...inserted by Act 2014_012_001]
73. Repeal of laws
74. Transitional arrangements
75. Short title and commencement
Sch. SCHEDULE. LAWS REPEALED

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Versions
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Copyright Rita V. Felgate 2018