Acts Online
GT Shield

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


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

Chapter 1 : Definitions, Purpose and Application

1. Definitions and interpretation


(1) In these Regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Act, has the same meaning, and—


"category of health establishment"

means the category contemplated in section 35 of the Act;


"certificate of compliance"

means a certificate referred to in Regulation 18(2), issued to the health establishment by the Office;


"compliance notice"

means a notice referred to in regulation 21(1), issued to the health establishment by an inspector;


"early warning system"

means the surveillance systems that collect information on serious user-related incidents that prompt interventions by the health establishment, Office or relevant authority;


"head of the health establishment"

means the owner and occupier of a health establishment as contemplated in section 88(a) of the Act;


"health care service"

includes all services dealing with the diagnosis and treatment of disease, or the promotion, maintenance and restoration of health including personal and non-personal health services provided by public and private health establishments;



means on site visits to health establishments for the purpose of gathering information and evidence to assess compliance or investigate breaches of norms and standards;



means a legal person, except where the context indicates otherwise;


"person in charge"

means a person designated as a person in charge of a health establishment, in terms of regulation 6(1);


"relevant authority"

means a provincial department of health, district health authority, municipal authority or executive management of a private hospital or private hospital group;



means the information or data resulting from an assessment conducted by the health establishment against a tool or framework published by the Office from time to time;


"serious breach"

means a breach in safety procedures which results in the user suffering permanent loss of function or death unrelated to natural causes;


"serious risk"

means any risk that could have severe negative effects on public health or result in the death of a user or permanent loss of function;


"the Act"

means the National Health Act, 2003 (Act No. 61 of 2003); and


"working day"

means any day other than a Saturday, Sunday or public holiday.