| (1) |
A person or organization that wishes to operate a residential facility must apply to the Minister for registration of that facility in a form identical to Form 9 in Annexure A. |
| (2) |
The Minister may, subject to subregulation (3)— |
| (a) |
after consideration of the application contemplated in subregulation (1), the report contemplated in subregulation (3) and other information that he or she may request; and |
| (b) |
if he or she is satisfied that the residential facility is or will be managed and conducted in such a way that— |
| (i) |
the reception, admission, care and support of older persons may be entrusted to or conferred on the residential facility; |
| (ii) |
the residential facility complies with national and local building regulations and has submitted a certificate issued by the relevant authority to that effect; |
| (iii) |
the residential facility and the facilities therein are accessible in accordance with Part 2 of the national norms and standards; |
| (iv) |
the nursing care and support and recreational facilities in the residential facility meet the requirements of Part 2 of the national norms and standards; |
| (v) |
services referred to in section 17 of the Act are provided in a safe and secure environment; |
| (vi) |
the rights and safety of the older person are protected; and |
| (vii) |
the residential facility complies with Part 2 of the national norms and standards, |
grant full registration and issue a registration certificate in a form identical to Form 10 in Annexure A.
| (3) |
A social worker or a person designated by the Minister must visit a residential facility prior to registration in order to ensure compliance with Part 2 of the national norms and standards and submit a report on the outcome of the visit to the Minister. |
| (4) |
The Director-General must ensure that a registered residential facility is monitored and evaluated at least once annually as provided for in section 22 of the Act to ensure continuous compliance with Part 2 of the national norms and standards. |
| (5) |
If an operator fails to comply with a condition for registration or the applicable national norms and standards for a residential facility, the Minister may, at any time after one month's notice to the operator of his or her intention to terminate and deregister the registration of a residential facility, and after consideration of any representations received by him or her during such month, terminate and deregister the registration of that residential facility. |
| (6) |
Where the Minister has terminated and deregistered a residential facility, the Minister must consult with operators in the same area or near the area where the terminated residential facility was situated with a view to the admission of the affected older persons into another residential facility. |
Older Persons Act, 2006
