Children's Act Practice Note 2 of 2011 - LexisNexis South Africa

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of the Department of Social Development to be captured in theRegister.• If the court has made a finding of unsuitability on the offender, theclerk of the court must complete Form 28 and submit it togetherwith the form 25 to the Director-General of the Department ofSocial Development.29.2 Disclosure of information on the CPR29.2.1 Part A of CPRLegal positionSection 117 states that:(1) Anyone has the right, upon presentation of sufficient proof of his or heridentity, to establish whether or not his or her name appears in Part A ofRegister, and if so, the reasons why his or her name was entered in theRegister.(2) Inquiries in terms of section 117 (1) must be directed to the Director-General on a confidential basis in the form 26.(3) The Director-General must respond to such inquiries in writing within 21working days and indicate whether the relevant person’s name is in PartA of the Register.Practice PositionInquiries can be made by:• An affected child with sufficient maturity or with the help of a caregiver or anoffender accused of abuse against the child can make an inquiry toestablish if his or her name is on the Register.• The inquirer must complete Form 26 and submit it in a sealed envelopemarked confidential to the Director-General.Children’s Act practice note 02 of 2011: Transitional matters30
29.2.2 Part B of CPRLegal PositionSection 118 states that the purpose of Part B of the Register is to have a record ofpersons who are unsuitable to work with children and to use the information in theRegister in order to protect children in general against abuse from these persons.NB: This Register is maintained and managed by the National Department ofSocial DevelopmentSection 120 (1)A finding that a person is unsuitable to work with children may be made by:• a children's court;• any other court in any criminal or civil proceedings in which that person isinvolved; or• any forum established or recognised by law in any disciplinary proceedingsconcerning the conduct of that person relating to a child.Section 120 (2)A finding in terms of section 120 (1) may be made by a court or a forumcontemplated above of its own volition or on application by:• an organ of state involved in the implementation of this Act;• a prosecutor, if the finding is sought in criminal proceedings; or• a person having a sufficient interest in the protection of children.Practice positionA social worker, a victim of abuse or any person assisting a victim of abuse havinga sufficient interest in the protection of children may approach a court or forum tohave a person declared unsuitable to work with children.A forum refers to statutory bodies such as, South African Council of Educators(SACE); South African Council of Social Service Professionals (SACSSP) andHealth Professions Council of South Africa (HPCSA) etc.Children’s Act practice note 02 of 2011: Transitional matters31
Page 6: 8. Who is an appropriately trained
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Page 16 and 17: Practice positionWhen attending to
Page 18 and 19: • any unexplained delay in seekin
Page 20 and 21: protection. Presiding officers migh
Page 22 and 23: For purposes of reviewing foster ca
Page 24 and 25: Practice positionThe diagram below
Page 26 and 27: (1) A child in alternative care may
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Page 36 and 37: Practice positionProvinces are requ
Page 38 and 39: 35. Contact personsPolicy, Legislat

Children's Act Practice Note 2 of 2011 - LexisNexis South Africa

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