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Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Regulations

Criminal Law (Sexual Offences and Related Matters) Regulations

Part I : Regulations on Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Sex Offenders under Section 39 of the Act

8. Recording, retaining and confidentiality of test results

 

(1) The head of a health establishment or a person designated in writing by him or her performing one or more HIV tests on the blood specimens contemplated in regulation 7 of the Regulations must—
(a) record the HIV result of the test in triplicate in a form which must correspond substantially with Form 7 in Annexure A;
(b) place the test results in three separate envelopes to be sealed and marked "Confidential/Vertroulik", reflecting—
(i) the case number;
(ii) the name, rank and force number of the investigating officer;
(iii) the name of the victim; and
(iv) the name of the alleged offender; and
(c) hand two of the sealed test results to the investigating officer.

 

(2) The head of a health establishment or a person designated in writing by him or her must retain the sealed record of the test results in a manner and at a place that prevents any unauthorised access to such test results.