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Presentation to NCOP Select Committee: Social Services

Presentation to NCOP Select Committee: Social Services. Older Person’s Bill. 2 May 2006. Presentation flow. Background Critical concerns on public hearings DSD response Arrangements of amended bill Conclusion. Background. The Bill was accepted by the NCOP on 23 June 2005

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Presentation to NCOP Select Committee: Social Services

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  1. Presentation to NCOP Select Committee: Social Services Older Person’s Bill 2 May 2006

  2. Presentation flow • Background • Critical concerns on public hearings • DSD response • Arrangements of amended bill • Conclusion

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. Arrangement of the Amended Bill

  11. Chapter 1 • Objects, implementation, application and general principles of the bill

  12. 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

  13. 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

  14. 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

  15. Chapter 4 RESIDENTIAL FACILITIES • Rights of older persons in residential facilities • Establishment of facilities • Registration of facilities • Compliance with conditions for registration

  16. 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

  17. 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

  18. Chapter 5 continue… • Enquiry into abuse of an older person • Notification of abuse of older persons • Keeping of National Older Persons Register

  19. Chapter six GENERAL AND SUPPLEMENTARY PROVISIONS • Delegations • Penalties • Regulations • Repeal of laws, and transitional provisions & savings • Short title and commencement

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

  21. Questions?

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