| (1) | The Minister may, by notice in the Gazette, designate any other person— |
| (a) | belonging to a class or category of persons; or |
| (b) | who is in the employ of any class or category of entities, |
as a functionary.
| (2) | A functionary, who in the course of the performance of their duties or the exercise of their functions obtains information which, after evaluation by them, causes them to believe or suspect on reasonable grounds, that a child, a person with a disability or an older person, may be a complainant as contemplated in section 1— |
| (i) | complete a report in the prescribed form setting out the reasons for such belief or suspicion; and |
| (ii) | in the prescribed manner submit the report to— |
| (bb) | a member of the South African Police Service; |
| (b) | must conduct a risk assessment as contemplated in section 18B; and |
| (c) | may, after the evaluation of the risk assessment referred to in paragraph (b), provide or refer the complainant for further services as contemplated in section 18B. |
| (3) | A functionary referred to in subsection (2)— |
| (a) | who makes the report, referred to in subsection (2)(a), in good faith, is not liable to civil, criminal or disciplinary action on the basis of the report, despite any law, policy or code of conduct prohibiting the disclosure of personal information; and |
| (b) | is entitled to have their identity kept confidential, unless the interests of justice require otherwise. |
[Section 2A inserted by section 4 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]
