Labour Relations Act, 1995 (Act No. 66 of 1995)Chapter VII : Dispute ResolutionPart B : Accreditation of and Subsidy to Councils and Private Agencies132. Subsidy to council or private agency |
| (1) |
| (a) | Any council may apply to the governing body in the prescribed form for a subsidy for performing any dispute resolution functions that the council is required to perform in terms of this Act, and for training persons to perform those functions. |
| (b) | Any accredited agency, or a private agency that has applied for accreditation, may apply to the governing body in the prescribed form for a subsidy for performing any dispute resolution functions for which it is accredited or has applied for accreditation, and for training persons to perform those functions. |
| (2) | The governing body may require further information in support of the application and, for that purpose, may require the applicant to attend one or more meetings of the governing body. |
| (3) | The governing body may grant a subsidy to the applicant after considering the application, any further information provided by the applicant and— |
| (a) | the need for the performance by the applicant of the functions for which it is accredited; |
| (b) | the extent to which the public uses the applicant to perform the functions for which it is accredited; |
| (c) | the cost to users for the performance by the applicant of the functions for which it is accredited; |
| (d) | the reasons for seeking the subsidy; |
| (e) | the amount requested; and |
| (f) | the applicant"s ability to manage its financial affairs in accordance with established accounting Practice, principles and Procedures. |
| (4) | If the governing body decides— |
| (a) | to grant a subsidy to the applicant, the governing body must— |
| (i) | notify the applicant in writing of the amount, duration and the terms of the subsidy; and |
| (ii) | as soon as practicable after the decision, publish the written notice in the Government Gazette; or |
| (b) | not to grant a subsidy to the applicant, the governing body must advise the unsuccessful applicant in writing of its decision. |
| (5) | A subsidy granted in terms of subsection (4)(a)— |
| (a) | may not be paid to a council or private agency unless it has been accredited; and |
| (b) | lapses at the end of the Commission"s financial year within which it was granted. |
| (6) |
| (a) | Any person may inspect a written notice referred to in subsection (4)(a) in the Commission"s offices. |
| (b) | The Commission must provide a certified copy of, or extract from, any written notice referred to in paragraph (a) to any person who has paid the prescribed fee. |
| (7) | If an accredited council or accredited agency fails to comply to a material extent with the terms of its subsidy, the governing body may withdraw the subsidy after having given reasonable notice of the withdrawal to that council or agency. |
| (8) |
| (a) | An accredited council or accredited agency that has been granted a subsidy may apply to the governing body in the prescribed form to renew its subsidy, either in the current or in an amended form and amount. |
| (b) | The governing body must treat the application for renewal as an application in terms of subsections (1) to (4). |