Statistics Act, 1999
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 12 : Miscellaneous55. Access to register of children lacking criminal capacity |
| (1) | The register referred to in section 97(6) of the Act may be accessed— |
| (a) | a person or an official involved in the administration of justice; |
| (b) | a probation officer or a social worker in the exercise of his or her officialduties; |
| (c) | a prosecutor in the exercise of his or her official duties; |
| (d) | a presiding officer in the exercise of his or her official duties; |
| (e) | a person who is by law empowered or mandated to take care of the interests of a child, including a legal representative; |
| (f) | a parent of the child or the appropriate person or guardian; |
| (g) | officials of the child and youth care centre involved in the matter; |
| (h) | members of non-governmental organisations or community-based organisations whose core business is the interest and welfare of the child; |
| (i) | any researcher conducting research relating to the criminal justice system for children or the interests of a child; and |
| (j) | a member of the lntersectoral Committee established in terms of section 94 of the Act. |
| (2) | A person referred to in subregulation (1)(h) or (i) who wishes to access the register must— |
| (a) | complete Part A of Form 10 of the Annexure; |
| (b) | hand Form 10 to the Director-General: Social Development or the person designated by him or her; and |
| (c) | identify himself or herself, if requested to do so by the Director-General or designated official. |
| (3) | The Director-General or the designated official must— |
| (a) | ensure that the person requesting access to the register is a person referred to in subregulation (1); |
| (b) | immediately after receiving the request to examine the register take a decision and record his or her decision and the reasons for the decision in Part B of Form 10; and |
| (c) | ensure that the decision is communicated immediately to the person making the request. |
| (4) | Form 10 must be filed in accordance with the general prescripts applicable to official documents. |
| (5) | The register must be examined in the presence of the Director-General or designated official. |
| (6) | A person who has examined the register must treat the information obtained as confidential. |
