Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 11 : Expungement of Records52. Expungement of record of diversion order |
| (1) | The Director-General: Social Development may, for the purposes of determining whether the criteria referred to in section 87(6) of the Act have been complied with, obtain information relating thereto from any person, organ of state or private body. |
(2)
| (a) | The Director-General must, if information has been received to the effect that the criteria have not been met, inform the child in writing about the information and the implications thereof. |
| (b) | The Director-General must indicate in the notice a date on or before which the child may submit a response to the information received from the Director-General. |
| (3) | The Director-General must, after having considered any response from the child, make a decision on the expungement of the record of a diversion order. |
| (4) | The Director-General must record in writing his or her decision relating to the expungement of the diversion order. |
| (5) | The designated official referred to in regulation 35(1) must, if the Director-General has decided to expunge the record, remove the child's particulars from the diversion register and archive all documents relating to that child. |
| (6) | The designated official must, within 15 working days after having removed the child's particulars from the diversion register, inform the child of the expungement. |
| (7) | The Director-General must, within 15 working days after having refused to expunge the record of a diversion order, inform the child in writing— |
| (a) | of the decision; |
| (b) | of the reasons for refusal; and |
| (c) | of the remedies available to the child in terms of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000). |