Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter V : Voluntary, assisted and involuntary Mental Health Care39. Transfer of mental health care users to maximum security facilities |
| (1) | The head of a health establishment may submit a request in writing to the relevant Review Board for an order for transfer of an assisted or involuntary mental health care user to a health establishment with maximum security facilities if the user has— |
| (a) | previously absconded or attempted to abscond; or |
| (b) | inflicted or is likely to inflict harm on others in the health establishment. |
| (2) | The head of the health establishment must submit a copy of the report to the applicant to enable the applicant to submit representations to the Review Board on the merits of the transfer. |
| (3) | The Review Board must not approve the request— |
| (a) | in order to punish the mental health care user concerned; or |
| (b) | if not satisfied that the mental health status of the user warrants a transfer to maximum security facilities. |
| (4) | If the Review Board approves the request it must forward a copy of the order concerned to the head of the health establishment and the head of the relevant provincial department. |
| (5) | Within 14 days of receipt of the order, the head of the provincial department concerned must make the necessary arrangements with the appropriate health establishment and effect the transfer as ordered. |
| (6) | The head of a health establishment may, with the concurrence of the head of the health establishment with maximum security facilities, effect transfer pending the decision of the Review Board if the conduct of the mental health care user has or is likely to give rise to an emergency. |