Maintenance Act, 1998
R 385
Children's Act, 2005 (Act No. 38 of 2005)RegulationsGeneral Regulations Regarding Children, 2010Chapter 7 : The National Child Protection Register (Sections 111-128 and 142(g)-(k) of the ActPart II : Part B of National Child Protection Register44. Establishment of information in Part B of National Child Protection Register |
| (1) |
| (a) | An inquiry by an employer ("the applicant") in terms of section 126(1) or (2) of the Act to establish whether or not the name of a person ("the affected person") appears in Part B of the National Child Protection Register prior to or during his or her employment, must be — |
| (i) | directed to the Director-General; |
| (ii) | contained in a sealed envelope marked confidential; |
| (iii) | accompanied by an authentic letterhead or other form of appropriate identification of the applicant, duly signed by an authorised representative of the applicant; |
| (iv) | accompanied by a certified copy of the identity document or passport of the person whose signature is required in terms of subparagraph (iii); and |
| (v) | in a form identical to Form 29 which must contain the following particulars— |
| (aa) | the name under which the applicant's business is conducted, its physical address, postal address, telephone numbers and any other relevant contact details; |
| (bb) | details of the position that will be or is held by the affected person; and |
| (cc) | the full names and surname, including any alias or nickname, identity number or passport number or driver's license number, physical address, postal address, telephone numbers and any other relevant contact details of the affected person. |
| (b) | An inquiry by a person ("the affected person") in terms of section 126(3) of the Act to establish whether or not his or her name appears in Part B of the National Child Protection Register, must be— |
| (i) | directed to the Director-General; |
| (ii) | contained in a sealed envelope marked confidential; |
| (iii) | accompanied by a certified copy of the affected person's birth certificate, identity document or passport; and |
| (iv) | in a form identical to Form 30 which must contain the following particulars— |
| (aa) | the full names, surname, physical address and postal address of the affected person; and |
| (bb) | a request for the furnishing of reasons why the affected person's name was included in Part B of the National Child Protection Register in the event that such an entry is found. |
| (2) | In furnishing reasons for the inclusion of an affected person's name in Part B of the National Child Protection Register as contemplated in sub-regulation (1)(b)(iv)(bb), the Director-General must give— |
| (a) | particulars regarding the date, time and place of the incident or act that led to the inclusion of the affected person's name in Part B of the National Child Protection Register; and |
| (b) | a brief description of the incident or act that led to the inclusion. |
| (3) | The Director-General must respond to an inquiry in terms of sub-regulation (1) within the periods referred to in section 126(5) of the Act by way of a form determined by the Director-General. |
| (4) | The Director-General must, upon each entry of a person's name in Part B of the National Child Protection Register as being unsuitable to work with children, notify the affected person of such entry in writing within 21 working days of such entry by way of a form determined by the Director-General. |
