Older Persons Act, 2006 (Act No. 13 of 2006)Chapter 4 : Residential Facilities22. Monitoring of registered residential facilities |
| (1) | A social worker in the employ of the State may at any time, and any social worker or person designated by the Director-General must, if requested to do so by the Director-General— |
| (a) | visit and monitor a registered residential facility in order to ensure compliance with this Act; |
| (b) | interview any older person cared for or accommodated in such residential facility; |
| (c) | either with or without the assistance of a health care provider enquire into the well-being of any such older person; |
| (d) | direct any person who has in his or her possession or custody any book or document relating to such residential facility, to submit such book or document to him or her for inspection; |
| (e) | submit a report to the Director-General on the outcome of the inspection; and |
| (f) | provide the operator of the residential facility with a report on the findings of the inspection. |
| (2) | A social worker or designated person exercising any power in terms of subsection (1) must, at the request of the manager of the residential facility in question or the person who has control over the place in question, as the case may be, produce a certificate issued by the Director-General stating that he or she is such a social worker or designated person. |
| (3) | A social worker or designated person may issue a compliance notice to the operator concerned if a provision of this Act has not been complied with. |
| (4) | A compliance notice remains in force until the relevant provision of this Act has been complied with and the social worker or designated person has issued a compliance certificate in respect of that notice. |
| (a) | A person is guilty of an offence if that person— |
| (b) | obstructs or hinders a social worker or designated person in the performance of his or her functions in terms of subsection (1); |
| (c) | refuses to give a social worker or designated person access to an older person cared for or accommodated in a residential facility referred to in subsection (1); or |
| (d) | refuses or fails to comply with a direction in terms of subsection (1)(d). |