Public Service Commission Act, 1997
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 20 : Enforcement of Act304. Inspection of child and youth care centre, partial care facility, shelter and drop-in centre |
| (1) | A person authorised by the Director-General, a provincial head of social development or a municipality may enter any child and youth care centre, partial care facility, shelter or drop-in centre or any place which on reasonable suspicion is being used as an unregistered child and youth care centre, partial care facility, shelter or drop-in centre, in order— |
| (a) | to inspect that centre, facility, shelter or place and its management; or |
| (b) | to observe or interview any child, or cause a child to be examined or assessed by a medical officer, social worker, psychologist or psychiatrist. |
(2)
| (a) | An identity card prescribed by regulation must be issued to each person authorised in terms of subsection (1). |
| (b) | When inspecting such a centre, facility, shelter or place, a person authorised in terms of subsection (1) must, on demand, produce such an identity card. |
| (3) | A person authorised in terms of subsection (1) may for the purposes of that subsection— |
| (a) | determine whether the centre, facility, shelter or place complies with— |
| (i) | the prescribed national norms and standards referred to in section 79, 194 or 216 applicable to it; |
| (ii) | other national norms and standards as may be prescribed by regulation. |
| (iii) | any structural, safety, health and other requirements as may be required by any law; and |
| (iv) | the provisions of this Act; |
| (b) | require a person to disclose information, either orally or in writing, and either alone or in the presence of a witness, about any act or omission which, on reasonable suspicion, may constitute an offence in terms of this Act, or a breach of a provision of this Act or of a condition of registration, and require that any disclosure be made under oath or affirmation; |
| (c) | inspect, or question a person about any record or document that may be relevant for the purpose of paragraph (b); |
| (d) | copy any record or document referred to in paragraph (c), or remove such record or document to make copies or extracts; |
| (e) | require a person to produce or deliver to a place specified by the authorised person, any record or document referred to in paragraph (c) for inspection; |
| (f) | inspect, question a person about and if necessary remove, any article or substance which, on reasonable suspicion, may have been used in the commission of an offence in terms of this Act or in breaching a provision of this Act or of a condition of registration; |
| (g) | record information by any method, including by taking photographs or making videos; or |
| (h) | exercise any other power or carry out any other duty that may be prescribed. |
| (4) | A person authorised in terms of subsection (1) must— |
| (a) | provide a receipt for any record, document, article or substance removed in terms of subsection (3)(d) or (f); and |
| (b) | return anything removed within a reasonable period unless seized for the purpose of evidence. |
| (5) | A person authorised in terms of subsection (1) must submit a report to the Director-General, the provincial head of social development or a municipality, as may be appropriate, on any inspection carried out by that person in terms of this section. |
