Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 7 : Diversion32. Quality assurance in respect of diversion programmes and diversion service providers |
(1)
| (a) | A quality assurance process referred to in section 56(2)(g) of the Act must be conducted by a quality assurance panel appointed by the Cabinet member responsible for social development. |
| (b) | The panel must consist of not less than three and not more than seven members but at least one member must be an independent person. |
| (c) | The members of the panel must have knowledge and experience relating to diversion programmes and children's issues. |
| (d) | An official employed in the State may be appointed as a member of the panel. |
| (e) | The panel must determine its own procedures having regard to sound administrative practices and just administrative action. |
| (2) | In conducting the quality assurance process the panel must— |
| (a) | give the diversion service provider reasonable notice of the intention to conduct the process; |
| (b) | hold a preliminary meeting with the management and relevant staff of the diversion service provider to discuss the objective of the quality assurance, the methods, mechanisms and criteria which will be used in the process; |
| (c) | invite the diversion service provider to submit any written evidence on self-review and recommendations; |
| (d) | receive oral evidence where necessary and consider and assess the evidence received; |
| (e) | begin fieldwork which must include site-visits and interviews with the children who are attending or who have attended diversion programmes; |
| (f) | prepare a preliminary report which must contain the proposed findings and recommendations supported by reasons for the findings; |
| (g) | give the diversion service provider an opportunity to respond to the preliminary report; |
| (h) | consider the response, if any, of the diversion service provider on the preliminary report; and |
| (i) | compile a final report. |
| (3) | The preliminary and final report must— |
| (a) | provide enough information so as to enable the diversion service provider and the Cabinet member responsible for social development to understand its conclusions and findings; |
| (b) | reveal the information that was considered; |
| (c) | explain how the panel arrived at the conclusions and findings; |
| (d) | include the sources of the information; |
| (e) | in a logical manner reflect the recommendations made, if any; |
| (f) | motivate any recommendation made in an appropriate manner, pursuant to the information that was available and considered; and |
| (g) | indicate, in the case of conflicting information, which information was relied upon and the reasons. |
(4)
| (a) | The panel must submit the final report to the Cabinet member responsible for social development to be dealt with in terms of the policy framework and system referred to in section 56(2)(c) of the Act. |
| (b) | A copy of the final report must be submitted to the diversion service provider in question. |
| (5) | A quality assurance process must be conducted in respect of each diversion service provider at least once a year or upon receipt of a complaint. |