Law Made Simple: Laws about Caregivers, Residential Facilities and Abuse of Older Persons

Menu Law Made Simple ⁄

Social Welfare ⁄
Older Persons Buy the book

Laws about Caregivers, Residential

Facilities and Abuse of Older
Persons
It’s all that the young can do for the old, to shock them and keep them up to
date.1

Once a woman reaches 60, she is considered to be an ‘older person’. Unfortunately, men
have to wait a bit longer – five years to be precise. So says the Older Persons Act 2006,
which aims to deal with the plight of older people, protecting their empowerment, status,
well-being, safety and security.

Growing old has a wide variety of challenges, as we all will find out. But there is another
feature – as was quipped2 to me once: ‘the good news is that, with today’s medical care, we
are living longer. And the bad news is that, with today’s medical care, we are living longer
…’ This truism is reflected in the statistic released by the United Nations3 in 2005: in 1950,
the world housed an estimated 205 million older people, and 606 million in 2002. In 2050 the
number is projected to increase to 2 000 million – a tenfold increase in one short century.

The Act falls under the authority of the Minister of Social Development, and it is effectively
administered by the Director-General of the Department of Social Development.

Related • Protecting the Parties to Divorce Proceedings • Important Provisions about Estate Duty • ×
Measures to Control Fundraising | Permits to Collect Contributions •

A. Registration of care and support givers

Laws About the Commission on Gender Equality • Effective Maintenance Orders, Officers, Courts and Enquiries •
Laws Protecting Mental Health Patients • Laws to Promote and Improve National Health •
Regulating the Nursing Profession • Regulating Social Work and the Social Service Profession •
1.Measures
Any person whoSASSA
wishesand to provide i 4
sacoronavirus.co.za

Concerning Corruptioncommunity-based programmes

• Offences Concerning Unemployment forInsurance
older persons
• must
Theregister
Controlswith the Director-General.
and Measures It is an offence to render a community-based care and
to Protect Your Will

https://lawfulliving.co.za/book/text/social-welfare--older-persons.html[2023/04/29 8:01:38 AM]

Law Made Simple: Laws about Caregivers, Residential Facilities and Abuse of Older Persons

support service if you are not registered under the Act.5

2. Any person who provides home-based care must ensure that the caregivers receive training as
prescribed by Regulation. It is an offence to fail to comply with this provision.6

3. All such caregivers (that is, social workers and health care providers) must be registered with
the appropriate statutory council relevant to their particular profession.7 It is a criminal offence
to contravene this provision.8

B. Residential facilities
1. It is an offence to operate a residential facility9 unless it has been registered with the Minister.10

2. Registration certificates may not be transferred to any other person, and it is an offence to do so
(or attempt to do so).11

3. If a residential facility is closed down, or its registration has been cancelled, the operator thereof
commits a criminal offence if he fails to take reasonable steps to ensure that the older persons
concerned are accommodated either in other registered residential facilities, or with people who
are (in the opinion of a social worker) fit and proper.12

4. In fact, prior to the facility closing down, the operator must:

even before deciding to do so, consult with the Minister;
fully report to the Minister on the accommodation of all older persons concerned;13 and
hand over to the Department all assets bought with government funds,

and it is an offence to fail to do so.

5. It is a criminal offence to discriminate14 unfairly, or indirectly, against an older person applying

for admission to a residential facility.15

6. If a person is refused admission, he can ask for written reasons. The manager commits an
offence if he fails to do so.16

https://lawfulliving.co.za/book/text/social-welfare--older-persons.html[2023/04/29 8:01:38 AM]

Law Made Simple: Laws about Caregivers, Residential Facilities and Abuse of Older Persons

7. It is an offence to admit an older person to a residential facility without his consent.17 18

8. The Director-General can appoint social workers to carry out visits, investigations, interviews,
etc. in regard to residential facilities. It is an offence:19
to obstruct or hinder somebody in the performance of those functions;
to refuse to give that appointed person access to an older person; or
to fail to comply with a direction by that appointed person to produce a book or document for
inspection.

C. Abuse of older persons

1. It is an offence to abuse an older person. ‘Abuse’ includes physical, sexual, psychological or
economic abuse occurring within any relationship where there is an expectation of trust – and is
any of this conduct, or lack of appropriate action, which does (or is likely to) cause harm or
distress to the older person.20

2. If you suspect that an older person has been abused, or suffers from an abuse–related injury,
you must immediately notify the Director-General, or a police official. It is an offence not to do
so.21

3. A police official can, if he is satisfied that it will be in the best interests of an older person (or
upon a report from a social worker), issue a notice to an alleged offender to leave the home or
place where the older person lives. It is an offence not to comply with such a notice.22

4. It is also an offence to have contact with the older person concerned, in contravention of the
written notice.23

5. A magistrate also can issue an order prohibiting the alleged offender from entering the home or
place where the older person resides; or from having contact with the older person. He can set
terms and conditions for visitation and/or contact; he can forbid the person concerned to
accommodate or care for any older person; or he can authorise that person to give
accommodation or care, but then under certain conditions. He can even order that maintenance
be paid for the older person. It is an offence to contravene any such order.24

https://lawfulliving.co.za/book/text/social-welfare--older-persons.html[2023/04/29 8:01:38 AM]

Law Made Simple: Laws about Caregivers, Residential Facilities and Abuse of Older Persons

6. The public prosecutor can summons an alleged abuser to appear before a magistrate. For these
purposes, he can also secure a warrant for a social worker to enter the place where the older
person resides, in order to conduct investigation. Any person who obstructs or hinders a social
worker in the performance of these functions commits an offence.25

7. It is an offence to refuse to furnish to a social worker, or a health care provider, any information
in connection with the alleged abuse of an older person, which such officer requires for the
purposes of an investigation.26

References

1. George Bernard Shaw: ‘Fanny’s First Play’ (1911) (Induction). ↩

2. This is true: It was my Financial Planner, Bruce Grieve at South City Financial Planners. ↩

3. Reported in ‘Population Ageing and Health Challenges in South Africa’, by Jané Joubert and Prof. Debbie Bradshaw, of
the Burden of Disease Research Unit at the South African Medical Research Council –
http://www.mrc.ac.za/bod/bod.htm. ↩

4. These are community-based care and support services. A wide variety is contemplated by section 11 of the Act. ↩

5. Section 12(2) read with section 13. ↩

6. Section 14(1) read with section 14(4)v. ↩

7. See the Allied Health Professions; the Nursing Profession. ↩

8. Section 14(2) read with section 14(4). ↩

9. Which is a building or other structure used primarily for providing accommodation and a 24-hour service to older persons.
Obviously, this does not apply to a family member in a private residence. ↩

10. Section 18(1)(a) read with section 18(9). ↩

11. Section 18(7) read with section 18(3) and section 18(9). ↩

12. Section 18(8) read with section 18(9). ↩

13. Section 19(3) read with section 19(4). ↩

https://lawfulliving.co.za/book/text/social-welfare--older-persons.html[2023/04/29 8:01:38 AM]

Law Made Simple: Laws about Caregivers, Residential Facilities and Abuse of Older Persons

14. On any of the grounds captured in section 9(3) of the Constitution: race, gender, sex, pregnancy, marital status, ethnic or
social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth. ↩

15. Section 21(1) read with section 21(8). ↩

16. Section 21(2) read with section 21(8). ↩

17. There are exceptions in the case of mental incapability. ↩

18. Section 21(3) read with section 21(8). ↩

19. Section 22(5) read with section 22(1). ↩

20. Section 30(1) read with section 30(2) and section 30(3). ↩

21. Section 26(1) read with section 26(3). ↩

22. Section 27(1) read with section 25(4)(b) and section 27(8)(a)(i). ↩

23. Section 27(1) read with section 27(8)(a)(iii). ↩

24. Section 27(6) read with section 27(8)(b) and section 29(10) and section 29(11). ↩

25. Section 28(6)(a) read with section 28. ↩

26. Section 28(6)(b) read with section 28(3). ↩

Contents
From the Author
The Team
Contact Us
© Owen Salmon 2020

https://lawfulliving.co.za/book/text/social-welfare--older-persons.html[2023/04/29 8:01:38 AM]