National Health Act, 2003 (Act No. 61 of 2003)

Notices

Office of Health Standards Compliance : Enforcement Policy

5. Principles of Enforcement
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In exercising its enforcement powers and to promote the statutory objective of promoting and protecting the health and safety of users, the Office has adopted the following five (5) principles in its daily operations and regulatory decisions—

 

PRINCIPLE

DEFINITION
5.1 Accountability

The prescribed norms and standards set explicit benchmarks for health establishments that are objectively assessed and held accountable for compliance.
5.2Transparency

Clear, specific, and explicit obligations are placed on health establishments through the norms and standards, assessment tools and procedures. Furthermore, regulatory findings and decisions are published, as required by the Regulations.
5.3Targeting

Enforcement shall target health establishments and part thereof which poses a risk to users of health care services.
5.4Proportionality

The response as well as the use of enforcement powers must be assessed by the Office to be proportionate to the circumstances of an individual case. Where the health establishment can remedy the breach and the risk to users is not immediate, the Office shall give the health establishment an opportunity to remedy the breach before taking enforcement action.
5.5Consistency

The Office trust take a similar approach, in similar cases, to achieve similar outcomes, and ensure that regulatory enforcement processes are consistent, and decisions are reliable and fair (similar action in similar circumstances to achieve similar results).