NEW CHILD CARE ACT DEFINITIONS


		THE NEW CHILD CARE ACT

	ACT No: 38 OF 2005

	The *CHILDREN'S ACT OF 2005,* is the most important piece of legislation passed by Parliament to-date. It sets out the the principles relating to the protection of children, it defines parental responsibilities and makes provision for matters pertaining to amongst others the

THE INTRODUCTION OF A NATIONAL CHILD PROTECTION REGISTER and regulates the DUTY OF CARE FOR PERSONS NOT HAVING PARENTAL RIGHTS.

This same legislation both defines and regulates THE DETERMINATION OF PERSONS AS BEING UNSUITABLE TO WORK WITH CHILDREN and the roles and responsibilities of persons responsible for providing professional services associated to children.


	THE NATIONAL CHILD PROTECTION REGISTER

		This act introduces the *National Child Protection Register* in order to keep record of all persons who are deemed as being unsuitable to work with children and to use such information to protect children against further abuse from these persons. This act does allow for the persons to be declared as being unsuitable to work with children and this is strengthened further with the legislated proviso that a default determination is in effect for any person convicted of murder, attempted murder, rape, indecent assault or assault with the intent to do grievous bodily harm with regard to a child during the five years preceding the commencement of this act.


	CARE OF CHILDREN BY PERSONS NOT HOLDING PARENTAL RIGHTS AND RESPONSIBILITIES

		A person who has no parental responsibilities and rights in respect of a child but who voluntarily cares for the child either indefinitely, temporarily or permanently as a care-giver who otherwise has no parental responsibilities and rights in respect of a child, must, whilst the


	child is in that persons care (a) safeguard the child's health, well-being and development; and (b) protect the child from maltreatment, abuse, neglect, degradation, discrimination, exploitation, and any other physical, emotional or mental harm or hazards.


PERSONS WHO WORK WITH CHILDREN

Before a person is allowed to work with, or have access to children at an institution providing schooling, after care, welfare services, youth care facilities, partial care facilities, a shelter or drop-in center in any form whatsoever, the person managing or operating such an institution, center, facility, shelter or school must establish whether or not a person's name appears in Part B of the *National Child Protection Register.*

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