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Child Care Act, 1983 (Act No. 74 of 1983)

Chapter 6 : Special provisions regarding pupils, foster children and other children

42. Notification of injured children and children who suffer from nutritional deficiency disease

 

1) Notwithstanding the provisions of any other law every dentist, medical practitioner, nurse, social worker or teacher, or any person employed by or managing a children's home, place of care or shelter, who examines, attends or deals with any child in circumstances giving rise to the suspicion that that child has been ill-treated, or suffers from any injury, single or multiple, the cause of which probably might have been deliberate, or suffers from a nutritional deficiency disease, shall immediately notify the Director-General or any officer designated by him or her for the purposes of this section, of those circumstances.

 

2) On receipt of a notification in terms of subsection (1) the Director-General or the said officer may issue a warrant in the prescribed form and manner for the removal of the child concerned to a place of safety or a hospital.

 

3) The Director-General or the said officer shall thereupon arrange that the child and his parents receive such treatment as the Director-General or the said officer may determine.

 

4) This section shall not exclude any other action against or treatment of the parent and his child in terms of this Act.

 

5) Any dentist, medical practitioner, nurse, social worker or teacher, or any person employed by or managing a children’s home, place of care or shelter, who contravenes any provision of this section shall be guilty of an offence.

 

6) No legal proceedings shall lie against any dentist, medical practitioner, nurse, social worker or teacher, or any person employed by or managing of a children’s home, place of care or shelter, in respect of any notification given in good faith in accordance with this section.