BRIEFING TO SELECT COMMITTEE ON SOCIAL SERVICES ON THE MENTAL HEALTH CARE AMENDMENT BILL 11 June 2013

Background Main objective of the Bill is to amend the Mental Health Act, 2002 (“the Act”) Aim is to provide for the delegation of powers by the Director- General (“DG”) of the National Department of Health (“NDOH”) to officials in the NDOH for effective implementation of the Act When passed into law, the DG will be able to delegate some of the powers in the Act so as to improve service delivery in the area of State Patients and Mentally Ill Prisoners. Bill also seeks to repeal Chapter 8 of the Mental Health Act, 1973, as a whole. This Chapter dealt with the Hospital Boards and is no longer necessary since Chapter 6 of the National Health Act, 2003, now deals with the subject

Current powers to be delegated The Act, amongst others currently provides the DG with the following powers: –Power to determine the transfer of State patients from detention centres to health establishments pursuant to court orders issued in terms of the Criminal Procedure Act, 1977 –Power to determine the transfer of State patients between the designated health establishments upon an order issued by the Review Board –Power to review the mental health status of State patients after 6 months from the date on which care, treatment and rehabilitation services were commenced, and every 12 months thereafter.

Benefits of delegation Currently, the duties accompanying aforementioned powers, are administratively cumbersome, and require DG’s personal attention. Consideration of reports before making a final decision is time consuming and requires very careful consideration of all relevant information supplied. As illustration, in 2012 DG was required to authorize the transfer of 173 new State Patients to Health Establishments. In addition to this, with a State Patient population of well over 3 000, the demand placed on DG for reviewing of periodical reports (6 months after admission, thereafter annually), is significant.

Certain unnecessary administrative processes increase turnaround times (such as submissions regarding transfers going through 4 offices from Director to DG, then back to Director for action). It has become necessary for delegation of these powers in the interest of effective administration and expeditious health care service delivery. Will improve on turnaround time for the transfer of State Patients following the court order, and the processing of periodic reviews of State Patients.

Progress in the process Cabinet granted approval for the publication of the Bill for public comments. Bill was published for public comment on 20 July No substantial comments were received. Bill was submitted to Cabinet for approval for introduction into Parliament. On 2 November 2012 the Chief State Law Adviser certified that the Bill is consistent with the Constitution and properly drafted in the form and style which conforms to legislative practice.

Progress in the process The Joint Tagging Mechanism in terms of Joint Rule 160(6) classified the Bill as a Section 76 Bill. The Portfolio Committee on Health deliberated extensively on the Bill and heard verbal submissions submitted to it. On 13 th March 2013, the Portfolio Committee on Health adopted the Mental Health Care Amendment Bill [B ] as presented to it without amendments.