Older Persons Act, 2006
R 385
Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)Chapter 9 : Disciplinary Intervention and Appeal Procedure51. Maintenance of discipline in treatment centre, halfway house, out-patient services and community-based services |
| (1) | The treatment centre, halfway house, out-patient services and community based services must, subject to the minimum norms and standards prescribed under this Act— |
| (a) | establish rules to be complied with by service users; |
| (b) | establish the disciplinary procedure to be followed in dealing with violations of such rules; |
| (c) | determine the penalties or measures for the violation of such rules; |
| (d) | determine the appeals procedure against the outcome of a disciplinary process; and |
(e) determine the procedure to be followed in the lodging of complaints by service users.
| (2) | If a service user in a treatment centre, halfway house or community-based services contravenes any rule contemplated in this section, the manager or a person designated by the manager may after holding an enquiry in terms of the procedure referred to in subsection (1)(b)— |
(a) take such disciplinary steps as may be determined in terms of subsection (1)(b), against that service user; and
(b) impose on the service user such measure or penalty, as determined,
provided that such disciplinary steps, measures or penalties do not include cruel, inhumane or degrading treatment or corporal punishment.
| (3) | A manager or person contemplated in subsection (1) who holds an inquiry in terms of that subsection must keep a record of the proceedings of the inquiry. |
| (4) | A service user who is not satisfied with the outcome of an inquiry and disciplinary steps taken or measures imposed against him or her may appeal to an appeal committee, established by the Minister, within seven days of the outcome of the inquiry. |
| (5) | The Minister must prescribe the duties and composition of an appeal committee. |
| (6) | If it appears to the appeal committee, on consideration of the documentation submitted to such committee, that the disciplinary steps taken or measures imposed against a service user is unjustified, the committee must— |
| (a) | set aside, reduce or vary any disciplinary action taken against such service user; and |
(b) return its record with instructions to the manager or designated person concerned.
| (7) | The manager of a treatment centre, halfway house or community-based services must report the commission of any offence by a service user to a police official to deal with the matter in terms of the Criminal Procedure Act, provided that such an offence is an offence that may not be dealt with in terms of subsections (1) and (2). |
