Presentation to NCOP Select Committee: Social Services

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Presentation to NCOP Select Committee Social
Services

• Older Persons Bill

2 May 2006
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Presentation flow

• Background
• Critical concerns on public hearings
• DSD response
• Arrangements of amended bill
• Conclusion

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Background

• The Bill was accepted by the NCOP on 23 June 2005
• The Bill comprised of 4 chapters.
• The Bill referred to the Portfolio Committee for
  consideration
• Portfolio Committee held the public hearings on
  30-31 August 2005.
• 28 organisations attended the public hearings

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Background continue

• Amongst those who attended were
• South African Human Rights Commission (SAHRC)
• Joint Forum for Policy on Ageing (JFPA)
• Grand Parents Against Poverty and AIDS (GAPA)
• SA Association of Homes for Aged(SAHA)etc.
• Black Slash
• The Gender Equality
• Alzheimer South Africa

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Critical concerns raised during public hearings

• The Bill still emphasised residential care rather
  than community based care
• Frail care services both in community and in
  institutions were not adequately addressed
• protection of older persons in the community not
  adequately addressed

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Critical concerns raised during public hearings
continue

• Call for court hearings to be held in camera to
  protect older persons from victimization
• Registration of assets purchased with govt.
  funding
• Conditions for transfer of such assets to other
  subsidized organisations to be stipulated

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Critical concerns raised during public hearings
continue

• Section 9 of the previous Bill did not take into
  consideration the right to self- determination
  regarding admission to residential facilities
  (conditions for consensual or compulsory
  admission to facilities)
• Service integration in terms of utilization of
  social service professionals( including
  caregivers employed by DoH) across programmes
  e.g. HIV and AIDS home based care workers also
  providing services to older persons

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Critical concerns raised during public hearings
continue

• The Bill did not highlight clearly how the
  proposed register on abuse was to be implemented
• The Bill was silent on the rights of older
  persons in the community
• Lack of recognition of older persons wisdom

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DoSD response to concerns raised

• DoSD developed a new framework to accommodate
  critical concerns raised during public hearings
• The framework was presented to the Portfolio
  Committee on 12 October 2005
• Portfolio Committee accepted the framework which
  comprised of 6 chapters
• The Bill was amended to incorporate critical
  issues raised

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Arrangement of the Amended Bill
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Chapter 1

• Objects, implementation, application and general
  principles of the bill

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Chapter 2

• CREATING AN ENABLING
• SUPPORTIVE ENVIRONMENT
• Protection and promotion of rights of older
• persons
• Development and compliance with norms
• standards
• Support services delivered by the third
• parties
• Provision of programmes for older persons

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Chapter 3

• COMMUNITY BASED CARE SUPPORT SERVICES
• Rights of older persons receiving
• community based services
• Establishment of community based services
• Prohibition of operation of unregistered
• facilities and registration of facilities for
• community based services

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Chapter 3 continue

• Management of professionals workers in home
  based care
• Community based programmes for older persons
• Management of community based services
• Monitoring evaluation of community based
  services

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Chapter 4

• RESIDENTIAL FACILITIES
• Rights of older persons in residential facilities
• Establishment of facilities
• Registration of facilities
• Compliance with conditions for
• registration

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Chapter 4 continue

• Admission to facilities
• Services provided by residential facilities to
  frail older persons
• Establishment of management structures
• Monitoring of registered facilities
• Report to Minister by operators of facilities

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Chapter 5

• PROTECTION OF OLDER PERSONS
• Older persons in need of care
• Protection of older persons from abuse
• Abuse and prohibition of abuse
• Procedure for bringing complaints
• of abuse against older persons in the
  community before the magistrate

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Chapter 5 continue

• Enquiry into abuse of an older person
• Notification of abuse of older persons
• Keeping of National Older Persons Register

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Chapter six

• GENERAL AND SUPPLEMENTARY
• PROVISIONS
• Delegations
• Penalties
• Regulations
• Repeal of laws, and transitional
• provisions savings
• Short title and commencement

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Conclusion

• It is critical to note that the amendments to the
  Bill will not have any serious implications on
  the costing of the Bill.

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Questions?