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Older Persons Act, 2006 (Act No. 13 of 2006)

1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"abuse"

means abuse contemplated in section 30(2);

 

"care"

means physical, psychological, social or material assistance to an older person, and includes services aimed at promoting the quality of life and general well-being of an older person;

 

"caregiver"

means any person who provides care;

 

"community-based care and support services"

means any programme contemplated in section 11;

 

"Department"

means the Department of Social Development in the national sphere of government;

 

"Director-General"

means the Director-General of the Department;

 

"frail older person"

means an older person in need of 24-hour care due to a physical or mental condition which renders him or her incapable of caring for himself or herself;

 

"health care provider"

means a health care provider defined in section 1 of the National Health Act, 2003 (Act No. 61 of 2003);

 

"home-based care"

means care provided or services rendered at the place where a frail older person resides, excluding at a residential facility, by a caregiver in order to maintain such frail older person’s maximum level of comfort, including care towards a dignified death;

 

"magistrate"

includes an additional and an assistant magistrate;

 

"manager"

means the person responsible for the day-to-day management of a residential facility;

 

"Minister"

means the Minister of Social Development;

 

"older person"

means a person who, in the case of a male, is 65 years of age or older and, in the case of a female, is 60 years of age or older;

 

"older person in need of care and protection"

means an older person contemplated in section 25(5);

 

"operator"

means a person who operates a residential facility;

 

"prescribed"

means prescribed by regulation;

 
"person"

includes a trust;

 

"police official"

means a member as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1999, or a member of a municipal police service established under section 64A of that Act;

 

"regulation"

means any regulation made under section 34;

 

"rehabilitation"

means a process by which an older person is enabled to reach and maintain his or her optimal physical, sensory, intellectual, psychiatric or social functional levels, and includes measures to restore functions or compensate for the loss or absence of a function, but excludes medical care;

 

"residential facility"

means a building or other structure used primarily for the purposes of providing accommodation and of providing a 24-hour service to older persons;

 

"respite care"

means a service offered specifically to a frail older person and to a caregiver and which is aimed at the provision of temporary care and relief;

 

"service"

means any activity or programme designed to meet the needs of an older person;

 

"shelter"

means any building or premises maintained or used for the reception, protection and temporary care of an older person in need of care and protection;

 

"social worker"

means a person registered as a social worker under section 17 of 50 the Social Service Professions Act, 1978 (Act No. 110 of 1978), and in the employ or service of government or a registered welfare organisation;

 

"this Act"

includes any regulation.