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

Regulations

General Regulations Regarding Children, 2010

Chapter 7 : The National Child Protection Register (Sections 111-128 and 142(g)-(k) of the Act

Part II : Part B of National Child Protection Register

42. Findings to be reported to Director-General

 

(1)
(a) A notification contemplated in section 122(1) of the Act must be forwarded to the Director-General within 21 working days of a finding that a person is unsuitable to work with children.
(b) A notification contemplated in sub-regulation (1) must—
(i) be contained in a sealed envelope marked confidential;
(ii) indicate whether any appeal or review of the finding has been lodged by the affected person or is likely to be lodged;
(iii) reflect the particulars, set out in section 119 of the Act and in regulation 41, of the person found in terms of section 120 of the Act to be unsuitable to work with children; and
(iv) be in a form identical to Form 28.

 

(2) In the event that a relevant administrative forum contemplated in section 122(1) of the Act, has no official or staff member acting in the capacity of registrar or clerk of the court, the person responsible for convening the meeting or hearing of the administrative forum where the finding of the unsuitability of a person to work with children was made must notify the Director-General of the finding as contemplated in section 122 of the Act and sub-regulation (1).

 

(3) The Court which has considered an appeal against or reviewed a finding that a person is unsuitable to work with children in terms of section 121 of the Act, must notify the Director-General in writing of any successful appeal against or review of such finding within seven days of receiving notice of the outcome of the appeal or review.

 

(4) Upon receipt of a notice in terms of sub-regulation (3) the Director-General must remove the name and particulars of the relevant person from Part B of the National Child Protection Register forthwith.