| (1) |
A complaint may be lodged by a person who— |
| (a) |
has knowledge or becomes aware of any violation relating to the manner in which a DNA sample or forensic DNA profile is or has been handled; |
| (b) |
is affected, or likely to be affected, by the manner in which the results of the analysis of a DNA sample or forensic DNA sample in the NFDD is or has been handled; |
| (c) |
has knowledge, or becomes aware, of any breach of security relating to— |
| (i) |
the safe transportation or storage of a DNA sample; |
| (ii) |
the safe transportation or storage of a forensic DNA profile; |
| (iii) |
the physical security of the NFDD; |
| (iv) |
or any other matter that breaches, prejudices or compromises the proper management of DNA samples, forensic DNA profiles or the integrity of the NFDD; |
| (d) |
has knowledge of unethical conduct by an employee in the exercise of any function of the NFDD, or is affected by unethical conduct; or |
| (e) |
has knowledge of unethical conduct by an independent provider in the provision of services under arrangement with the NFDD. |
| (2) |
A complaint as contemplated in sub -regulation (1) may be lodged— |
| (ii) |
a person who suffers from a physical disability or a mental disability; |
| (b) |
by a person authorised to act on behalf of a complainant. |
| (3) |
A complaint contemplated in sub-regulation (1) must within 12 months after— |
| (a) |
the date on which the matter which is the subject of the complaint occurred; or |
| (b) |
the date on which the matter which is the subject of the complaint came to the knowledge of the complainant, |
be submitted in writing to the chairperson of the Board.
| (4) |
A complaint must be signed by the complainant or his or her authorised representative, and must— |
| (a) |
provide his or her full name, identity number and contact details; |
| (b) |
specify the nature of the complaint and the basis for the allegation; |
| (c) |
provide relevant information on the complaint; and |
| (d) |
specify the nature of recourse sought by the complainant. |
(5)
| (a) |
A complaint may not be lodged anonymously, unless the chairperson is of the opinion that exceptional circumstances exist to justify such complaint. |
| (b) |
In the case of an anonymous complaint, the complainant must provide the information contemplated in subregulation (4)(b),(c) and (d). |
| (6) |
A complaint lodged or instituted by the Board in terms of section 15AA(1) of the Act, must be registered in a computer -based register and an acknowledgement of receipt must be sent to the complainant within seven days of the receipt of the complaint stating that it has been referred to a committee for consideration. |
| (7) |
A complaint registered in terms of sub -regulation (6) must be disposed of within one month after receipt thereof or within such other period as the Board may authorise in writing. |
Statistics Act, 1999
