Chapter 17:11
Older Persons Act as at 15th September 2016
Act 1/2012
action as may be specified in order to secure reasonable access by older persons to the
home, premises, service or amenity, and
(c) stipulating the period within which the action referred to in paragraph (b) shall be
commenced and completed.
(3) Before serving an adjustment order, the Board shall serve notice upon the person
concerned⎯
(a) specifying the grounds upon which the adjustment order is to be issued and the nature of
the action which the Board considers necessary to rectify the situation which has given
rise to the proposed order; and
(b) stipulating the maximum period that the Board considers reasonable for the
implementation of the action it proposes to order; and
(c) calling upon the person concerned, if he or she wishes to make representations, to make
them to the Board within thirty days from the date of the service of the notice.
(4) After considering any representation made, the Board may issue or refrain from or defer
issuing, an adjustment order.
(5) A person against whom an adjustment order is served may, within thirty days of the
service of the adjustment order, appeal to the Administrative Court against such order on the
ground that⎯
(a) the person concerned cannot reasonably be expected to bear the whole or any part of the
expenses required in implementing the adjustment order; or
(b) the period stipulated for implementing the adjustment order is unreasonable; or
(c) the nature of the action required to be taken in terms of the adjustment order is, in the
circumstances of the case, unreasonable; or
(d) adequate access to the home, premises, service or amenity concerned may be secured
without recourse to the action required by the adjustment order;
or on any other ground.
(6) Upon hearing an appeal, the Administrative Court may⎯
(a) confirm, vary or set aside the adjustment order appealed against; and
(b) make such order as to the costs of the appeal as it thinks fit.
(7) The Board shall not serve an adjustment order upon any home, hospital, accommodation,
nursing home or clinic controlled or managed by the State or registered in terms of the Medical
Services Act [Chapter 15:13], the Private Voluntary Organisations Act [Chapter 17:05], the
Health Professions Act [Chapter 27:19]or any other law, except with the consent of the Minister
responsible for administering the law in question.
(8) An obligation to comply with an adjustment order is a duty owed to every interested
person, that is, every person who may suffer loss or damage by a contravention of it, and
accordingly civil proceedings for specific performance, an interdict, damages or other appropriate
relief in respect of any contravention or threatened contravention of an adjustment order may be
brought by the interested person against any owner or provider of the home, premises, services or
amenities who is subjected to the adjustment order.
12 Prohibition of denial to older persons of access to public premises, services
and amenities
(1) No older person shall, on the ground of his or her age alone, be denied⎯
(a) admission into any premises to which members of the public are ordinarily admitted,
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