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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 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.