AMENDMENTS PROPOSED

OLDER PERSONS BILL

B68—2003

CLAUSE 1

1. On page 3, from line 26, to omit definition of "abuse" and to substitute:

"abuse" means a single or repeated act or lack of action that causes harm or distress to an older person, including physical, phychological, financial, material or sexual harm or neglect, and includes the violation of an older person's rights enshrined in Chapter 2 of the Constitution;

2. On page 3, in line 38, to omit "managed" and to substitute "used".

3. On page 3, in line 49, to omit "small".

4. On page 4, after line 3, to insert the following definition:

"person" includes a trust;

CLAUSE 2

1. On page 4, in line 30, after "rural" to insert "and urban".

2. On page 4, in line 38, after "rural" to insert "and urban".

CLAUSE 5

1. On page 5, in line 24, to omit "own, manage or".

CLAUSE 7

1. On page 6, in line 21, to omit "owner" and to substitute "operator".

2. On page 6, from line 30, to omit paragraph (c).

 

CLAUSE 8

1. On page 6, in line 33, after "facility" to insert ", excluding a shelter".

CLAUSE 9

1. On page 7, in lne 4, to omit "a" and to substitute "an plder".

2. On page 7, in line 10, after "reasons" to insert "in writing".

CLAUSE 10

1. On page 7, in line 13, after "State" to insert "may".

2. On page 7, in line 16, after "accommodated "to ensure compliance with this Act".

3. On page 7, in line 17, after "person" to insert "cared for or".

4. On page 7, in line 31, after "person" to insert "cared for or".

CLAUSE 11

1. On page 7, in line 34, to omit "manager" and substitute "operator".

2. On page 7, in line 43, to omit "manager" and to substitute "operator".

3. On page 7, in line 45, to omit "manager" and to substitute "operator".

 

CLAUSE 14

1. On page 8, from line 22, to omit all the words after "is" up to and including the first "that" in line 29, and to substitute "attached abuses an older person, that".

2. On page 8, in line 20, after "oath" to insert "or affirmation".

3. On page 8, in line 37, after "oath" to insert "or affirmation".

CLAUSE 16

1. On page 9, from line 52, to omit subsection (1) and to substitute:

(1) Any person who suspects that an older person has been abused or suffers from an abuse-related injury must immediately notify the Director-General of his or her suspicion.

CLAUSE 17

1. On page 10, from line 9, to omit paragraph (a).

2. On page 10, in line 13, to omit "own, manage or operate a" and to substite:

in any way operate or be employed at any

CLAUSE 18

1. On page 10, in line 26, after the first "her" to insert "income, assets or".

2. On page 10, in line 26, after "wishes" to insert "or who suffers any other financial abuse".

3. On page 10, in line 27, after "wishes" to insert:

or who has been unlawfully evicted from any property occupied by him or her

CLAUSE 22

Clause rejected.

CLAUSE 23

1. On page 12, from line 16, to omit subsection (1) and to substitute:

(1) The Aged Persons Act, 1967 (Act No. 81 of 1967), and the Aged Persons Amendment Act, 1998 (Act No. 100 of 1998), are hereby repealed.

CLAUSE 24

1. On page 12, in line 36, to omit "2003" and to substitute "2004".