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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 7 : Protection of Children

Part 2 : National Child Protection Register

126. Establishment of information in Part B of Register

 

(1) Before a person is allowed—
(a) To work with or have access to children at an institution providing welfare services to children, including a child and youth care centre, a partial care facility, a shelter or drop-in centre or school, the person managing or operating the institution, centre, facility, shelter or school must establish whether or not that person’s name appears in Part B of the Register;
(b) To work with or have access to children on behalf of a designated child protection organisation, the organisation must establish whether or not that person’s name appears in Part B of the Register;
(c) To work in a unit of the South African Police Service tasked with child protection, the Service must establish whether or not that person’s name appears in Part B of the Register;
(d) to be employed in terms of the Public Service Act in a position where he or she works with or has access to children, the head of the state department in which he or she is to be employed must establish whether or not that person’s name appears in Part B of the Register; or
(e) to be employed in terms of the Municipal Systems Act in a position where he or she works with or has access to children, the municipal council of that municipality must establish whether or not that person’s name appears in Part B of the Register.

 

(2) Within 12 months of the commencement of this chapter—
(a) the person managing or operating an institution, centre, facility, shelter or school contemplated in subsection (1)(a) must establish whether the name of any person who works with or has access to children at the institution, centre, facility, shelter or school appears in Part B of the Register;
(b) a designated child protection organisation contemplated in subsection (1)(b) must establish whether the name of any person who works with or has access to children on behalf of the organisation appears in Part B of the Register;
(c) the South African Police Service must establish whether the name of any person who works in a unit of the South African Police Service tasked with child protection appears in Part B of the Register;
(d) the head of every state department must establish whether the name of any person employed in terms of the Public Service Act in a position where he or she works with or has access to children appears in Part B of the Register; and
(e) the municipal council of every municipality must establish whether the name of any person employed in terms of the Municipal Systems Act in a position where he or she works with or has access to children appears in Part B of the Register.

 

(3) Anyone has the right, upon presentation of sufficient proof of his or her identity, to establish whether or not his or her name appears in Part B of the Register, and if so, the reasons why his or her name was entered in the Register.

 

(4) Inquiries in terms of subsection (1), (2) or (3) must be directed in writing to the Director-General on a confidential basis.

 

(5) In the event of an inquiry made to the Director-General in terms of—
(a) subsection (1), the Director-General must respond in writing within 21 working days by indicating whether the person’s name appears in Part B of the Register or not;
(b) subsection (2), the Director-General must respond in writing within six months by indicating whether the person’s name appears in Part B of the Register or not; and
(c) subsection (3), the Director-General must respond in writing within 21 working days by indicating whether the person’s name appears in Part B of the Register, and if so, the reasons why his or her name was entered in the Register.