CHANGES EFFECTED

Motivation for changes on the Older Persons Bill

CHANGES EFFECTED	REASONS FOR CHANGE
Re-arrangement of the chapters in the Bill	To capture critical issues raised by civil society during Public Hearings conducted by Portfolio Committee on 30-31 August 2005 To ensure that the Bill reflects a developmental approach by emphasizing the Community Based Care rather than institutional care
Chapters in the Bill have increased from 4 to 6	The Incorporation of a chapter on Community Based Care and Support Services to Older Persons in order to reflect the shift from institutional care to community based care; and A chapter on Objects, implementation, application and general principles of the Act.

CHANGES EFFECTED	REASONS FOR CHANGE
Definitions Abuse Home based care Frail older person	The change in the definition of abuse was done in order to distinguish elder abuse from assault as well as to comply with international standards, which defined abuse as occurring in a relationship where there is expectation of trust The definition was changed to accommodate frail older persons who reside with their families The changes were to emphasise that the frail older person dealt with is an older person
New definitions Community based care Health care provider Rehabilitation Residential facility Respite care Social worker	These definitions were referred to in the Bill and not defined and others were as a result of new clauses introduced in the Bill

CHANGES EFFECTED	REASONS FOR CHANGE
Chapter One	Chapter one in the amended Bill deals with the objects, implementation, application and general principles
Chapter two "Creating an enabling and supportive environment for older persons" Rights of older persons	The word ensuring was replaced by creating to reflect that it is the joint responsibility of both government and the civil society to ensure that older persons are protected, and developed. The government only creates an enabling environment. The chapter was also expanded to accommodate community based services in terms of compliance with norms and standards as well as support for services delivered by civil society and private sector. The rights of older persons were incorporated to ensure that the rights of older persons in residential facilities and those who receive community based care services are recognised
CHANGES EFFECTED	REASONS FOR CHANGE
Chapter three Management of professionals and care givers providing service to older persons	Chapter three has been incorporated to reflect the shift from the institutional care to community based care To ensure that older persons in the community are adequately catered for To ensure that older persons remain in families and community for as long as possible Provision of home based care services to frail older persons in the community To ensure protection to older persons and that a quality service is provided to older persons To ensure integration and coordination in terms of utilization of professionals and care givers

CHANGES EFFECTED	REASONS FOR CHANGE
Chapter four Right to self-determination regarding admission to residential facilities and conditions for non-consensual admission Transfer of assets purchased through government funding in case of closure	Chapter four in the amended Bill focuses on residential care to ensure protection of older persons in residential care facilities These clauses were incorporated to protect older persons against abuse To protect government’s assets and ensure accountability

CHANGES EFFECTED

REASONS FOR CHANGE

Chapter Five

Chapter five in the amended Bill deals with protection of older person in residential care and in the community
Court hearings to be held in camera in case the older persons is unable to give evidence publicly and as per recommendation of the social worker
Removal of the perpetrator in case the perpetrator resides in the same household with the older person
Domestic Violence Act still applies but additional measures to be applied to ensure protection of older persons