Maintenance Act, 1998
R 385
Children's Act, 2005 (Act No. 38 of 2005)RegulationsGeneral Regulations Regarding Children, 2010Chapter 7 : The National Child Protection Register (Sections 111-128 and 142(g)-(k) of the ActPart I : Part A of National Child Protection Register39. Contents of Part A of National Child Protection Register |
| (1) |
| (a) | A provincial department of social development or a designated child protection organisation must notify the Director-General in writing of a report relating to a child in need of care and protection or a report relating to the abuse or deliberate neglect of a child as contemplated in sections 110(5) and 114(1)(a) of the Act made by any person referred to in section 110(1), (2) or (4) of the Act, within 21 days of conclusion of the investigation by that department or organisation if the department or organisation is satisfied that the safety or well-being of the child concerned is at risk and that the report is not frivolous or obviously unfounded. |
| (b) | The notification contemplated in paragraph (a) must— |
| (i) | if not submitted electronically, be contained in a sealed envelope marked confidential; |
| (ii) | reflect the particulars set out in section 114(2)(a) of the Act and in sub-regulation (4)(a); and |
| (iii) | be in a form identical to Form 22. |
| (c) | The Director-General must upon receipt of the notification, cause the particulars set out in the notification to be included in Part A of the National Child Protection Register forthwith. |
| (2) |
| (a) | The Director-General must be notified in writing of the conviction of a person on a charge as contemplated in section 114(1)(b) of the Act, or of a finding as contemplated in section 114(1)(c) of the Act, by the registrar or clerk of the court concerned, as the case may be, within 14 days of such conviction or finding. |
| (b) | The notification contemplated in paragraph (a) must— |
| (i) | if not submitted electronically, be contained in a sealed envelope marked confidential; |
| (ii) | reflect the particulars set out in section 114(2)(b) and (c) of the Act and in sub-regulation (4)(b) and (c); and |
| (iii) | be in a form identical to Form 25. |
| (c) | The Director-General must upon receipt of a notification contemplated in paragraph (a), cause the particulars set out in the notification to be included in Part A of the National Child Protection Register forthwith. |
| (3) | A registrar or clerk of the court who has notified the Director-General of a conviction of a person as contemplated in sub-regulation (2), must inform the Director General in writing of any successful appeal against or review of such conviction within seven days of receipt of a notice of the outcome of the appeal or review, upon which the Director-General must remove the name and particulars of the relevant person from Part A of the National Child Protection Register forthwith. |
| (4) | The particulars to be included in Part A of the National Child Protection Register in terms of section 114(2) of the Act must include— |
| (a) | in the case of section 114(2)(a) of the Act relating to reports of abuse or deliberate neglect made to the Director-General— |
| (i) | the child's passport number, where applicable; |
| (ii) | the whereabouts of the alleged perpetrator; |
| (iii) | the persons with whom the child was living at the time of the incident; |
| (iv) | previous history of abuse or deliberate neglect of the child, if any; and |
| (v) | the title, full names, surname, physical address and capacity of the person who reported the abuse or deliberate neglect of the child; |
| (b) | in the case of section 114(2)(b) of the Act relating to convictions on charges involving abuse or deliberate neglect— |
| (i) | the child's passport number, where applicable; |
| (ii) | the convicted person's alias or nickname, passport number, driver's license number or relevant prisoner identification number, where applicable; and |
| (iii) | the particulars of the court in which the trial took place and the case number; and |
| (c) | in the case of section 114(2)(c) of the Act relating to a finding by a children's court that a child is in need of care and protection because of abuse or deliberate neglect- |
| (i) | the child's passport number, where applicable; and |
| (ii) | the particulars of the children's court in which the finding was made and the case number. |
