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

Chapter 5 : Partial Care

82. Consideration of application

 

(1) The provincial head of social development must—
(a) within six months of receiving the application consider an application for registration or conditional registration or for the renewal of registration and either reject the application or, having regard to subsection (2), grant the registration or renewal with or without conditions;
(b) issue to the applicant a certificate of registration or conditional registration or renewal of registration in the prescribed form if the application is granted; and
(c) state in the certificate of registration the period for which the registration will remain valid.

 

(2) When considering an application the provincial head of social development must take into account all relevant factors, including whether—
(a) the facility complies with the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed;
(b) the applicant is a fit and proper person to operate a partial care facility;
(c) the applicant has the necessary funds and resources available to provide the partial care services of the type applied for;
(d) each person employed at or engaged in the partial care facility is a fit and proper person to assist in operating a partial care facility; and
(e) each person employed at or engaged in the partial care facility has the prescribed skills and training to assist in operating that partial care facility.

 

(3) A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a partial care facility.

 

(4) The provincial head of social development must consider the report contemplated in section 81(1)(c)(i) of a social service professional before deciding an application for registration, conditional registration or renewal of registration.

 

(5) Notwithstanding section 78(3) a provincial head of social development may assist the owner or manager of a partial care facility to comply with the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed.