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Child Justice Act, 2008 (Act No. 75 of 2008)

Regulations

Regulations relating to Child Justice

Chapter 12 : Miscellaneous

55. 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.