institution unless that institution has been registered in terms of this section in the
name of that person or otherwise than in accordance with the conditions on which that
institution has been so registered.
(2) Application for the registration of an institution in terms of this section shall be
made to the Minister and the Minister may—
(a)
before considering any such application, require the applicant to
publish in one or more newspapers named by the Minister a notice in a form to be
fixed by the Minister to the effect that he has applied for the registration of the
institution in question;
(b)
reject any such application or grant it either unconditionally or on
such conditions as he may think fit and issue to the applicant a certificate of
registration in the prescribed form.
(3) A certificate of registration issued in terms of subsection (2) may at any time be
cancelled by the Minister or surrendered to the Minister by the person in whose name
it was issued:
Provided that no such certificate shall be cancelled unless at least one month’s written
notice of intention to cancel that certificate has been given to the person in whose
name it was issued and the Minister has considered any representations submitted by
such person in pursuance of such notice.
(4) If the Minister is satisfied that the management of any registered institution or the
accommodation, transport or other facilities provided for, or the treatment of, the
children and young persons therein is such as to endanger their welfare, he may serve
upon the person responsible for the management of such institution such general or
special directions with respect to the matters aforesaid or any of them as he thinks
expedient for the welfare of the children and young persons in the institution.
(5) The Minister shall cause notice of the registration of any institution and of the
cancellation or surrender of any certificate of registration issued in terms of this
section to be published in the Gazette.
(6) The Chief Health Officer or any medical officer of health of a local authority or
any person authorized thereto in writing by either of them may visit and inspect any
institution.
(7) No person shall obstruct any person referred to in subsection (6) in the exercise of
his powers in terms of that subsection.
(8) Any person who contravenes any provision of this section or any direction given
in terms thereof shall be guilty of an offence and liable to a fine not exceeding level
four or to imprisonment for a period not exceeding three months or to both such fine
and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
32
Liability for maintenance of child or young person received in terms of this
Act
Any certified institution or person who has received any child or young person placed
with it or in his custody in terms of this Act or any other enactment shall be deemed
to have the custody of that child or young person and shall be bound to maintain and
care for that child or young person for so long as he has been placed with that
institution or in the custody of that person:
Provided that such certified institution or person may at any time, after giving to the
Director not less than three month’s written notice, disclaim further responsibility for
the maintenance and custody of any such child or young person.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
33
Pupil of certified institution or training institute may be released on licence
(1) The management of a certified institution or training institute may by licence
permit any pupil in that institution or institute to live in the custody of a suitable
person for such period, not exceeding three years, and on such conditions as may be
agreed between that person and such management or to reside as may be directed by
such management from time to time:
Select target paragraph3
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