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National Health Act, 2003 (Act No. 61 of 2003)

Regulations

Procedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the Ombud

Chapter 6 : Compliance Notice, Enforcement and Appeal

24. Request for response

 

(1) If the Office issues a written warning to the person in charge, it must request a written response from the person in charge in terms of section 82A(4)(b) of the Act, and set a timeframe within which the health establishment must respond and the consequences of any failure to respond.

 

(2) The person in charge must acknowledge receipt of a written warning referred to in sub-regulation (1), in writing.

 

(3) If the person in charge fails to respond to a request for a response referred to in sub-regulation (1), or provides an unsatisfactory response, the Office may‒
(a) recommend to the relevant authority any appropriate and suitable action, in terms of section 82A(4)(c) of the Act;
(b) initiate a formal hearing to consider a possible revocation of a certificate of compliance or imposition of a fine, in terms of sections 82A(4)(d) and 82A(4)(e) of the Act, respectively; or
(c) refer the matter to the National Prosecuting Authority for criminal prosecution, in terms of section 82A(4)(f) of the Act.