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

Chapter 9 : General provisions

60. Regulations

 

1) The Minister may make regulations -
a) prescribing the form of any application, authority, certificate, consent, notice, order, process, register, summons or subpoena to be made, given, issued or kept in terms of this Act, and any other form required in carrying out the provisions of this Act;
b) as to the organisation and maintenance of children's homes established under section 29(1), the constitution of their boards of management, the appointment, resignation and discharge of members of such boards, the powers and duties of such boards and the manner in which they shall function, and the care, control and bringing up of children in such homes;
c) as to the procedure relating to the registration of children’s homes, places of care and shelters under section 30, the requirements with which they shall comply and the cancellation and surrender of certificates of registration issued under that section;
d) as to the classification of children’s homes, places of care and shelters registered under section 30, and the amendment of such classification;
e) as to the care, control, bringing up and training of pupils in institutions, shelters and places of safety;
eA) to the search of children in places of safety;
f) prescribing the conditions on which leave of absence may be granted to foster children and pupils in institutions;
g) prescribing rules of procedure for any proceedings in children's courts and for any proceedings in magistrates’ courts under Chapter 7;
h) as to the method of registration of orders of adoption, including the appointment of a registrar of adoptions and his powers and duties and the particulars regarding any adoption that may be disclosed and, with the concurrence of the Minister of Finance, the fees to be paid for an order of adoption or for a certified copy thereof;
i) prescribing, with the concurrence of the Minister of Finance, the circumstances in which and the conditions on which the grants or contributions mentioned in section 56 will be made, the amounts or rates of such grants or contributions and methods of accounting therefor;
j) as to the rendering of foster care services;
k) as to any matter which in terms of this Act is required or permitted to be prescribed by regulation, and generally as to any matter which he may deem it necessary or expedient to prescribe in order to achieve the objects of this Act, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection.

 

2) Any regulations under paragraph (i) of subsection (1) may be made with retrospective effect from a date determined with the concurrence of the Minister of Finance.

 

3) Different regulations may be made under subsection (1) in respect of different areas or in respect of different categories or classes of persons, institutions and places of care.

 

4) Regulations made under subsection (1) may prescribe penalties for any contravention of or failure to comply with their provisions, not exceeding a fine of R200.