| (1) |
A monitoring and assessment team, consisting of such appropriately qualified persons as the Director-General may determine, may, subject to subsection (3), enter any treatment centre or halfway house and assess and monitor compliance with any prescribed requirements and applicable minimum norms and standards in relation to— |
| (b) |
any service users admitted or accommodated in such treatment centre or halfway house; and |
| (c) |
the programmes provided by such treatment centre or halfway house. |
| (2) |
The monitoring and assessment team may— |
| (a) |
interview any service user or persons affected by substance abuse admitted in such treatment centre or halfway house; and |
| (3) |
The members of the monitoring and assessment team must be furnished with a certificate authorising such members to give effect to the provisions of subsection (1), signed by the Director-General, which must be produced at the request of any person affected by such monitoring and assessment. |
| (4) |
No notice of a visit to a treatment centre or halfway house is required if there is reason to believe that the— |
| (a) |
life of a service user in the treatment centre or halfway house is threatened or in danger; or |
| (b) |
treatment centre or halfway house is managed in a way that constitutes a danger or threat to the service users admitted in such a centre or house. |
| (5) |
After conclusion of the assessment and monitoring, the team must compile a report of its findings and recommendations to the Director-General. |
| (6) |
Upon receipt of the report referred to in subsection (5) the Director-General may, if he or she has reason to believe that— |
| (a) |
the health and safety of service users or persons engaged in the provision of services at a treatment centre or halfway house is at risk; |
| (b) |
there is imminent danger to the health and safety of service users or persons engaged in the provision of services at a treatment centre or halfway house; or |
| (c) |
the treatment centre or halfway house has failed to comply with the minimum norms and standards and the prescribed requirements, |
take steps to ensure compliance with minimum norms and standards, or amend or cancel a registration certificate contemplated in sections 19(6) and 21(6).
| (7) |
Notwithstanding subsection (6) the Director-General may, upon receipt of a report contemplated in subsection (5) and if he has reason to believe that there is imminent danger to the health and safety of any service user or person engaged in the services or the treatment centre or halfway house, apply to the court for immediate closure of the treatment centre or halfway house. |
| (8) |
Upon cancellation of a registration certificate or closure of the treatment center or halfway house, the Director-General must ensure that service users in such treatment centre or halfway house are transferred to another treatment centre or halfway house. |
| (a) |
obstructs or hinders the monitoring and assessment team in the exercise of any power conferred upon it in terms of this section; or |
| (b) |
fails to produce any relevant document or record required by the monitoring and assessment team for the investigation, |
is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.
Housing Development Agency Act, 2008
