Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter V : Voluntary, assisted and involuntary Mental Health Care29. Appeal against decision of head of health establishment to approve application for assisted care, treatment and rehabilitation |
| (1) |
| (a) | A mental health care user, spouse, next of kin, partner, associate, parent or guardian may, within 30 days of the date of the written notice issued in terms of section 27(9), appeal against the decision of the head of the health establishment to the Review Board. |
| (b) | Such an appeal must contain the facts and the grounds upon which the appeal is based. |
| (2) | Within 30 days after receipt of the appeal, the Review Board must – |
| (a) | consider the appeal in the prescribed manner; |
| (b) | provide the appellant, applicant, the relevant mental health care practitioners and the head of the health establishment concerned an opportunity to make oral or written representations on the merits of the appeal; and |
| (c) | send a written notice of its decision together with reasons for such decision to the appellant, applicant, head of the health establishment in question and the relevant mental health care practitioner. |
| (3) | If the Review Board upholds an appeal, all care, treatment and rehabilitation services administered to a mental health care user must be stopped according to accepted clinical practices and the user, if admitted, must be discharged by the health establishment, unless the user consents to the care, treatment and rehabilitation services . |