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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 7 : Protection of Children

Part 2 : National Child Protection Register

123. Consequences of entry of name in Part B of Register

 

(1) No person whose name appears in Part B of the Register may—
(a) manage or operate, or participate or assist in managing or operating, an institution providing welfare services to children, including a child and youth care centre, a partial care facility, a shelter or drop-in centre, a cluster foster care scheme, a school, club or association providing services to children;
(b) work with or have access to children at an institution providing welfare services to children, including a child and youth care centre, a partial care facility, a shelter or drop-in centre, a school, club or association providing services to children, or in implementing a cluster foster care scheme, either as an employee, volunteer or in any other capacity;
(c) be permitted to become the foster parent or adoptive parent of a child;
(d) work in any unit of the South African Police Service tasked with child protection;
(e) be employed in terms of the Public Service Act in a position where that person works with or has access to children;
(f) be employed in terms of the Municipal Systems Act in a position where that person works with or has access to children; or
(g) work in any other form of employment or activity as may be prescribed.

 

(2) No person managing or operating or who participates or assists in managing or operating an institution providing welfare services to children, including a child and youth care centre, a partial care facility, a shelter or drop-in centre or a school may allow a person whose name appears in Part B of the Register to work with or have access to children at the centre, facility, shelter or school, either as an employee, volunteer or in any other capacity.

 

(3) No designated child protection organisation may allow a person whose name appears in Part B of the Register to work with or have access to children on its behalf, either as an employee, volunteer or in any other capacity.

 

(4) The South African Police Service may not allow a person whose name appears in Part B of the Register to work in a unit of the Service tasked with child protection.

 

(5) The head of a state department may not allow a person whose name appears in Part B of the Register to be employed in a position where that person works with or has access to children.

 

(6) The municipal council of a municipality may not allow a person whose name appears in Part B of the Register to be employed in a position where that person works with or has access to children.