Mental Health Care Amendment Bill [B39-2012]: deliberations

Summary The aim of the Bill was to repeal Chapter 8 of the Mental Health Act (No. 18 of 1973); and insert a Section into the Mental Health Care Act (No. 17 of 2002) allowing the head of the national Department of Health to delegate certain responsibilities to others in the department’s employ or to withdraw delegated responsibilities. Essentially the proposed delegation of powers was designed to improve the implementation of the Act for the benefit of the involuntary health care users who would be the key group point for enhanced implementation of service delivery. Chapter 8 of the Mental Health Act 1973 was yet to be repealed by the Mental Health Care Act (No. 17 of 2002). Chapter 8 of the Mental Health Act 1973 set out procedures for: the establishment and constitution of hospital boards; the remuneration of their members; the frequency and purpose of board visits to state mental institutions; the discharge of a patient from any such institution; and meetings and record keeping. The Mental Health Care Act 2002 provided for, among other things, the care, treatment and rehabilitation of persons who were mentally ill as well as setting out the different procedures to be followed during the process of admitting mentally ill people to institutions. Hospital Boards were currently dealt with by Chapter 6 of the National Health Act (No. 61 of 2003). The Committee was concerned particularly about the explanation of issues pertaining to delegation powers and responsibilities, and interpretation of the words “any person”. These matters were clarified and the Committee finally adopted the Bill.