36 Short title and commencement.
'this Act' includes any regulation.
pursue opportunities for the full development of his or her potential; and benefit from family and community care and protection in accordance with society's system of cultural values.
No person may provide community-based care and support services unless the service is registered in terms of section 13.
A person who renders a community-based care and support service that has not been registered in terms of section 13 is guilty of an offence.
The Minister must prescribe conditions for the registration of community-based care and support services, including application for registration, approval of registration, temporary registration, withdrawal and termination of registration, and any matter contemplated in subsection (4).
Registration granted in terms of this section is not transferable to another person.
All social workers and health care providers providing care to older persons contemplated in subsection (1) must be registered with the appropriate statutory council responsible for the relevant profession.
Section 22 applies with the necessary changes in respect of the monitoring and evaluation of community-based care and support services.
facility or with persons who, in the opinion of a social worker, are fit and proper persons for accommodating the older person or older persons.
Any person who contravenes or fails to comply with a provision of this section, or of a condition imposed thereunder, is guilty of an offence.
The operator of a registered residential facility must, at all reasonable times, report to the Minister any circumstances which may result in his or her inability to comply fully with any condition contemplated in section 18 (3).
hand over to the Department all assets bought with Government funds.
Any person who fails to comply with subsection (3) is guilty of an offence.
paragraph (a) or subparagraph (i), the required consent may be given by the Minister.
The operator of a residential facility must take all reasonable steps to obtain the older person's consent.
Any person who is involved with an older person in a professional capacity and who on personal observation concludes that the older person is in need of care and protection must report such conclusion to the Director-General.
Any person other than a person in subsection (1) who is of the opinion that an older person is in need of care and protection may report such opinion to a social worker.
The Director-General or the social worker to whom a report has been made must investigate the matter.
Subsection (4) (a) applies with the necessary changes if the Director-General receives information contemplated in subsection (4) (b).
contravenes or fails to comply with an order of the magistrates' court issued in terms of subsection 6 or with any condition contained in such order.
any person within the area of jurisdiction of the magistrates' court to which that public prosecutor is attached abuses an older person, that public prosecutor may, subject to subsection (2), request the clerk of that court to issue a summons informing such firstmentioned person of the allegations against him or her and calling upon him or her to appear, at a time and place specified therein, before a magistrate within that area.
A magistrate may in a warrant issued by him or her in terms of subsection (3) authorise the social worker or health care provider to take a police official with him or her for the purposes of an investigation referred to in the said subsection.
prohibit that person from accommodating or caring for any older person for such period, but not exceeding 10 years, as may be determined by the magistrate.
Any conduct or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress or is likely to cause harm or distress to an older person constitutes abuse of an older person.
authorise any such officer to perform any duty which that Member is authorised to perform under subsection (2).
generally, any other ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation of this Act.
The regulations may provide that any person who contravenes or fails to comply with a regulation is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding one year or to both a fine and such imprisonment.
Any regulation made in terms of subsection (1) which affects the South African Police Service must be made after consultation with the Minister for Safety and Security.
Any regulation made in terms of subsection (1) which deals with the size or value of services and subsidies and with the criteria for eligibility of services must be made with the concurrence of the Minister of Finance.
Before the Minister makes any regulation under this section, he or she must publish a draft of the proposed regulation in the Gazette together with a notice calling on interested persons to comment, in writing, within a period stated in the notice of not less than 30 days from the date of publication of the notice.