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 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

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

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

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

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

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

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

Arrangement of the Amended Bill

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

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

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

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

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

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

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

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

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

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

Questions?