Extract from the Children’s Bill

Extract from the Children’s Bill

Access to Part A of Register

115. Only the Director-General and officers of the Department designated by the Director-General have access to Part A of the National Child Protection Register, but the Director-General may, on such conditions as the Director-General may determine, allow access to –

(a) a provincial head of social development, or an official of a provincial department of social development designated by the head of that department, for the purpose of performing his or her functions in terms of this Act;

(b) designated child protection organisations;

(c) a member of the unit of the South African Police Service tasked with child protection; or

(d) any other person for the purpose of conducting research on child abuse or deliberate neglect or related issues, provided that the information referred to in section 114(2)(a)(i) must be excluded.

Disclosure of information in Part A of Register

116. (1) No person may disclose any information in Part A of the National Child Protection Register except –

(a) for the purpose of protecting the interests, safety or well-being of a specific child;

(b) within the scope of that person’s powers and duties in terms of this Act or any other legislation;

(c) for the purpose of facilitating an investigation by the South African Police Service following a criminal charge involving abuse or deliberate neglect of a specific child;

(d) to a person referred to in section 117 on written request by such person; or

(e) when ordered by a court to do so.

(2) The general rule with regard to the disclosure of information in Part A of the Register is that it must be in the best interest of the child, unless the information is disclosed following on an inquiry in terms of section 117.

Inquiries on information in Part A of Register

117. (1) Anyone has the right, upon presentation of sufficient proof of his or her identity, to establish whether or not his or her name appears in Part A of the Register, and if so, the reasons why his or her name was entered in the Register.

(2) Inquiries in terms of subsection (1) whether a person’s name appears in Part A of the Register must be directed in the prescribed format to the Director-General on a confidential basis.

(3) The Director-General must respond to such inquiries and indicate whether the relevant person’s name is in Part A of the Register within 21 working days.

Part B of Register

Purpose of Part B of Register

118. The purpose of Part B of the National Child Protection Register is to have a record of persons who are unsuitable to work with children and to use the information in the Register in order to protect children in general against abuse from these persons.

Contents of Part B of Register

119. Part B of the National Child Protection Register must be a record of persons found in terms of section 120 to be unsuitable to work with children, and must reflect the following:

(a) the full names and surname of the person;

(b) the last known physical address of the person;

(c) the identification number of the person;

(d) a brief summary of the reasons why the person was found to be unsuitable to work with children; and

(e) any other information as may be prescribed by regulation.

Finding persons unsuitable to work with children

120. (1) A finding that a person is unsuitable to work with children may be made by –

(a) a children’s court;

(b) any other court in any criminal or civil proceedings in which that person is involved either as a party or a witness; or

(c) any forum established or recognised by legislation in any disciplinary proceedings concerning the conduct of that person relating to a child.

(2) A finding in terms of subsection (1) may be made by a court or a forum contemplated in subsection (1) of its own volition or on application by –

(a) an organ of state involved in the implementation of this Act;

(b) a prosecutor, if the finding is sought in criminal proceedings; or

(c) a person having a sufficient interest to protect children.

(3) The question whether a person is unsuitable to work with children may be heard by the court or legislative forum in disciplinary proceedings either in the course of or at the end of its proceedings.

(4) In criminal proceedings, a person must be found unsuitable to work with children on conviction of murder, attempted murder, rape, sexual abuse or assault with the intent to do grievous bodily harm with regard to a child.

(5) A finding in terms of subsection (1)(b) that a person is unsuitable to work with children is not dependent upon a finding of guilty or innocent in the criminal trial of that person.

Disputes concerning findings

121. The person in respect of whom a finding in terms of section 120 has been made may –

(a) appeal against the finding to a higher court, if the finding was made by a court, or

(b) have the finding reviewed by a court, if the finding was made by a forum contemplated in section 120(3).

Findings to be reported to Director-General

122. (1) The registrar of the relevant court, or the relevant administrative forum, or, if the finding was made on application in terms of section 120(2), the person who brought the application, must notify the Director-General in writing –

(a) of any finding in terms of section 120 that a person is unsuitable to work with children; and

(b) of any appeal or review lodged by the affected person.

(2) The Director-General may not enter a person’s name in Part B of the National Child Protection Register –

(a) until the time for noting of an appeal or review has expired; or

(b) if an appeal or review has been noted, until the appeal or review proceedings have been concluded.

Consequences of entry of name in Part B of Register

123. (1) No person whose name appears in Part B of the National Child Protection Register may –

(a) manage or operate, or participate or assist in managing or operating, a child and youth care centre, a partial care facility, a shelter or drop-in centre, a cluster foster care scheme, a school, a club or association providing services to children;

(b) work with children at a child and youth care centre, a partial care facility, a shelter or drop-in centre, a school, a club or association providing services to children, or in implementing a cluster foster care scheme, either as an employee, volunteer or in any other capacity;

(c) be permitted to become the foster parent, kinship care-giver or adoptive parent of a child;

(d) work in any unit of the South African Police Service tasked with child protection; or

(e) work in any other form of employment or activity as may be prescribed.

(2) No person managing or operating a child and youth care centre, a partial care facility, a shelter or drop-in centre or a school may allow a person whose name appears in Part B of the Register to work with or have access to children at the centre, facility, shelter or school, either as an employee, volunteer or in any other capacity.

(3) No designated child protection organisation may allow a person whose name appears in Part B of the Register to work with or have access to children on its behalf, either as an employee, volunteer or in any other capacity.

(4) The South African Police Service may not allow a person whose name appears in Part B of the Register to work in a unit of the Service tasked with child protection.

Disclosure of entry of name in Part B of Register

124. If the name of a person is entered in Part B of the Register and that person –

(a) works with or has access to children at a child and youth care centre, a partial care facility, a shelter or drop-in centre or a school either as an employee, volunteer or in any other capacity, that person must disclose that fact to the person who manages or operates the centre, facility, shelter or school;

(b) works with or has access to children on behalf of a designated child protection organisation either as an employee, volunteer or in any other capacity, that person must disclose that fact to the organisation; or

(c) works in a unit of the South African Police Service tasked with child protection, that person must disclose that fact to the South African Police Service.

Access to Part B of Register

125. (1) Only the following persons have access to Part B of the Register:

(a) the Director-General;

(b) officers of the Department designated by the Director-General;

(c) a provincial head of social development; and

(d) officers of the provincial department of social development designated by the provincial head of social development.

(2) The Director-General may, on such conditions as the Director-General may determine, allow officers of a provincial education department designated by the head of that department access to Part B of the Register for the purpose of implementing section 123 in relation to schools under the jurisdiction of that department.

Establishment of information in Part B of Register

126. (1) Before a person is allowed to work –

(a) with children at a child and youth care centre, a partial care facility, a shelter or drop-in centre or a school, the person managing or operating the centre, facility, shelter or school must establish whether or not that person’s name appears in Part B of the National Child Protection Register;

(b) with children on behalf of a designated child protection organisation, the organisation must establish whether or not that person’s name appears in Part B of the Register; or

(c) in a unit of the South African Police Service tasked with child protection, the Service must establish whether or not that person’s name appears in Part B of the Register.

(2) Anyone has the right, upon presentation of sufficient proof of his or her identity, to establish whether or not his or her name appears in Part B of the Register, and if so, the reasons why his or her name was entered in the Register.

(3) Inquiries in terms of subsection (1) or (2) whether a person’s name appears in Part B of the Register must be directed in writing to the Director-General on a confidential basis.

(4) The Director-General must respond to such inquiries and indicate whether the relevant person’s name is in Part B of the Register within 21 working days.

Disclosure of names in Part B of Register prohibited

127. (1) No person may disclose the fact that the name of a particular person appears in Part B of the National Child Protection Register except –

(a) within the scope of that person’s powers and duties in terms of this Act or any other legislation;

(b) to a person or institution referred to in section 126(1) or (2) on written request by such person or institution;

(c) when ordered by a court to do so; or

(d) when the disclosure is made to a person whose name appears in Part B of the Register.

(2) The general rule with regard to the disclosure of information in Part B of the Register is that it must be in the best interest of the child, unless the information is disclosed following on an inquiry in terms of section 126.

Removal of name from Register

128. (1) A person whose name appears in Part B of the National Child Protection Register may in terms of subsection (2) apply for the removal of his or her name and any information relating to that person from the Register.

(2) Application for the removal of a name and particulars from the Register may be made –

(a) to any court, including a children’s court;

(b) to the Director-General, if the entry was made in error; or

(c) to the High Court if the Director-General refuses an application in terms of paragraph (b).

(3) An application in terms of subsection (1) to remove a person’s name and particulars from Part B of the Register on the ground that the affected person has been rehabilitated, may only be made after at least five years have lapsed since the entry was made and after considering the prescribed criteria.