40883

Older Persons Act (13/2006): Call for Comments on the Older
Persons Amendment Bill, 2017

DEPARTMENT OF SOCIAL DEVELOPMENT
 
 NOTICE 426 OF 2017
 
 OLDER PERSONS ACT, 2006 (ACT NO. 13 OF 2006)
 
 CALL FOR COMMENTS ON THE OLDER PERSONS AMENDMENT BILL, 2017
 
 I Bathabile Olive Dlamini, responsible for Social Development, under
Section 34(1)(i) and (5) of the Older Persons Act, 2006 (Act No. 13 of
2006) intend to make amendments to the Older Persons Act, 2006 as set out
in the Schedule.
 
 Interested persons or organisations are hereby invited to submit
written comments with regard to the draft Bill within 30 calendar days
from the date of publication of this notice. Comments must be submitted
by 16h00 on 30 June 2017 to Ms Naomi Maloba by:
 
 (a) Post to:
 
 Department of Social Development
 Private Bag x901
 Pretoria
 0001;
 
 (b) Hand to:
 
 Directorate: Older Persons Services
 134 Pretorius Street
 HSRC Building
 Pretoria
 0001;
 
 (c) Fax to:
 
 +27 (0)86 527 3904; or
 
 (d) By email to:
 
 NaomiM@dsd.gov.za
 
 (Signed)
 B. O. DLAMINI (MP)
 MINISTER OF SOCIAL DEVELOPMENT
 DATE: 06.05.17
 
 REPUBLIC OF SOUTH AFRICA
 
 OLDER PERSONS AMENDMENT BILL, 2017
 
 (As introduced in the National Assembly (proposed section 76);
explanatory summary of Bill / published in Government Gazette No. 40883
of 2 June 2017) (The English text is the official text of the Bill)
 
 (MINISTER OF SOCIAL DEVELOPMENT)
 
 [B - 2016]
 
 121016nim
 
 GENERAL EXPLANATORY NOTE:
 
 [ ] Words in bold type in square brackets indicate omissions from
 existing enactments.
 
 ______ Words underlined with a solid line indicate insertions in
 existing enactments.
 
 BILL
 
 To amend the Older Persons Act, 2006, so as to insert new
definitions; insert new provisions relating to the monitoring and
evaluation of all services to older persons and for the removal of older
persons to a temporary safe care without a court order; to tighten up the
existing implementation and compliance measures; to effect some textual
amendments for greater clarity and to provide for matters connected
therewith.
 
 BE IT ENACTED by the Parliament of the Republic of South Africa, as
follows:-
 
 Amendment of section 1 of Act 13 of 2006
 
 1. Section 1 of the Older Persons Act, 2006 (Act No. 13 of 2006)
(hereinafter referred to as the principal Act) is hereby amended by -
 
 (a) The insertion of the following definition after the definition of
 "abuse":
 
 "'assisted living facility' means a residential care facility
used for provision of affordable, safe and accessible accommodation with
access to nursing care and support services to older persons that are
partially independent, with or without assistive devices, and who need
some form of supervision and assistance regarding their daily living
activities.";
 
 (b) the substitution for the definition of "care" of the following
 definition:
 
 "'care' means physical, psychological, social and includes but not
limited to spiritual, nursing, first-aid care or material
assistance to an older person, and [includes] services aimed at
promoting and maintaining the comfort, quality of life and general
well-being of an older person.";
 
 (c) the substitution for the definition of "caregiver" of the
 following definition:
 
 "'caregiver' means any person who provides care [;] and
support services, whether at a community-based care, residential care
facility or similar facility, and has been trained with an accredited
South African Qualifications Authority or Sector Education Training
Authority training, appropriate for the care of older persons.";
 
 (e) the insertion of the following definition after the definition of
 "Director-General":
 
 "'frail care facility' means a residential care facility that is
used primarily for the care of frail older persons that need 24 hour care
services.";
 
 (f) the insertion of the following definition after the definition of
 "home-based care":
 
 "'independent living facility' means a residential care facility
used for the provisioning of affordable, safe and accessible
accommodation to active older persons, who are fully independent with or
without assistive devices and who do not need assistance regarding their
daily living activities.";
 
 (g) the insertion of the following definition after the definition of
 "independent living facility":
 
 "'inter departmental structure' means a structure consisting of
the Departments of Social Development, Health, Basic Education, Sport and
Recreation, Arts and Culture, Cooperative Governance and Traditional
Affairs, Justice, Correctional Services, Human Settlements and South
African Police Services at national level and where applicable,
provincial and local levels of government and may include any
stakeholder.";
 
 (h) the substitution for the definition of "manager" of the following
 definition:
 
 "'manager' means the person responsible for the day-to-day
management of a residential care facility [,] or similar
facility, an institution or any programme for the rendering of services
to older persons.";
 
 (i) the substitution for the definition of "older person" of the
 following definition:
 
 "'older person' means a person who [, in the case of a male, is
65 years of age or older and, in the case of a female, is 60 years of age
or older] is 60 years of age or older.";
 
 (j) the substitution for the definition of "person" of the
 following definition:
 
 "'person' includes a trust and for the purposes of registration
and operation of community-based care and support services, home-based
care and residential care facilities, means a juristic person or a trust
only.";
 
 (k) the insertion of the following definition after the definition of
 "prescribed":
 
 "'private residential facility' means a residential care
facility registered in terms of the Housing Development Schemes for
Retired Persons Act, 1988 (Act No. 65 of 1988.)";
 
 (l) the substitution for the definition of "rehabilitation" of the
 following definition:
 
 "'rehabilitation' means a process by which an older person
is enabled to reach and maintain his or her optimal physical, sensory,
intellectual, psychiatric, spiritual or social functional level,
and includes measures to restore functions or compensate for the loss or
absence of a function, but excludes medical care.";
 
 (m) the insertion of the following definition after the definition of
 "rehabilitation":
 
 "'residential care facility' means a building or structure that
is used primarily for the 24 hour care, accommodation and provision of
services to older persons in both public and private residential care
facilities and it includes assisted-living, independent- living, frail
care facilities,";
 
 (n) the insertion of the following definition after the definition of
 "social worker":
 
 "'stakeholder' means a person, civil society organisation or the
public and private sector that has an interest in programmes or services
rendered to older persons.; and
 
 (o) "Temporary safe care" means, in relation to older person, a
 shelter or any other place where an older person can be
 accommodated for as long as it is safe for him or her to remain
 there.
 
 Amendment of section 2 of Act 13 of 2006
 
 2. Section 2 of the principal Act is hereby amended by -
 
 (a) The substitution for paragraph (b) of the following paragraph:
 
 "(b) recognise, maintain and protect the rights of older
 persons [;] in line with any laws and national policies
 on vulnerability, ageing, disability and families."; and
 
 (b) the substitution for paragraph (e) of the following paragraph:
 
 "(e) prevent and combat the abuse of older persons.".
 
 Amendment of section 3 of Act 13 of 2006
 
 3. Section 3 of the principal Act is hereby amended by -
 
 (a) The substitution for subsection (1) of the following subsection:
 
 "(1) Subject to this Act allocating roles and responsibilities, the
Act must be implemented by all organs of state and any other
stakeholders rendering services to older persons [in the national,
provincial and, where applicable, local sphere of government] in an
integrated, co-ordinated and uniform manner.";
 
 (b) the substitution for subsection (2) of the following subsection:
 
 "(2) Recognising that competing social and economic needs exist,
such organs of state and stakeholders must take reasonable
measures to the maximum extent of their available resources to achieve
the realisation of the objects of this Act.";
 
 (c) the substitution for subsection (3) of the following subsection:
 
 "(3) To achieve the implementation of this Act in the manner
contemplated subsections (1) and (2), all organs of state and
stakeholders must co-operate in the development of a uniform approach
aimed at co-ordinating and integrating the services delivered to older
persons [."]; and
 
 (d) the addition of the following subsections "(4) and (5)":
 
 "(4) There must be an inter-departmental structure to integrate,
co-ordinate and monitor the effective implementation of this Act as
prescribed; and

Older Persons Act (13/2006): Call for Comments on the Older Persons Amendment Bill, 2017