PRESENTATION Regulations in terms of section 65 of Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008) to members of the Select Committee 29 May 2012

Purpose of the presentation To- ● brief the Select Committee on Social Services (Select Committee) on the development of Regulations in terms of the Prevention of and Treatment for Substance Abuse Act; ● request comments from the Select Committee on the proposed Regulations; and ● request the Select Committee to support the Minister of Social Development on the development of these Regulations.

Progress in the development of Regulations Regulations have been consulted with the- ►Central Drug Authority; ►provincial departments of social development; ►national departments that the Act requires them to be consulted: Basic Education, Health, Higher Education & Training, Correctional Services, Cogta, Women, Children & People with Disabilities, Arts & Culture, Sports & Recreation, Medicines Control Council, National Youth Commission; and ►provincial departments of all the mentioned national departments; ►civil society organizations. Comments have been received, scrutinized and incorporated into the Regulations where necessary Regulations have been published for public comments on 9 March 2012 in the Extra-ordinary Regulation Gazette Media has also been approached to broadcast and solicit comments from the members of the general public

Why the Regulations? To facilitate the implementation of the Substance Abuse Act The Act was passed by Parliament on 24 June 2008 The Act was assented to by the President of the Republic of South Africa on 21 April 2009 ● Section 65 of the Act requires the Minister of Social Development to make regulations in consultation with other Ministers and certain organs of state ● The Act will only be implemented once the Regulations have been finalised and approved by the Minister of Social Development ● Preparations are under way for the proclamation of the Act on 1 October 2012.

Minimum norms and standards Chapter II Minimum norms and standards ● Programmes that give effect to prevention services Reg 3: Prevention programmes must- ►be accessible at all times; ►be available to individuals and their families; ►link individuals and families with resources; ►aim at creation of developmental opportunities; ►discourage experimental use; ►educate and raise awareness about substance abuse; ►aim at building capacity of individuals likely to be affected by substance abuse ●

Chapter II cont... ►promote healthy lifestyles; and ►promote abstinence. Programmes that give effect to early intervention services Reg 4: Early intervention services must focus on- ►preventing harm from progressing ►screening of the individuals affected ►motivating individuals or families to be involved in intensive treatment; ►facilitating admission to intervention programmes

Chapter II cont... Protection of children and service users treatment centres & halfway houses Reg 5(a)-(n): Treatment centres and halfway houses must protect ►children and services users against- ►all forms of ill-treatment by any person; ►discomfort and favourable weather conditions; ►the sharing of personal resources; ►unhygenic premises; ►abuse of corrective measures; ►risk of fire;

Chapter II cont... ►malnutrition and starvation; ►illnesses and diseases; ►attack robbery and assault by members of the public and by any person; ►hazardous objects and hazardous buildings; ►hazardous activities; ►missing academic activities during their stay in the treatment centre or halfway house; ►any form of violation of the rights of children and service users by any person; and ►risk of relapse.

Chapter III Manner for entering into contracts with service providers Reg 14 and 16: Any service provider who requires financial assistance from the Minister must apply in a form similar to form 4. Conditions for receiving of financial assistance by service providers Reg17(1)(a)-(g): Any service provider who requires financial assistance from the Minister must- ►have applied for financial assistance; ►be registered in terms of the Act; ►comply accounting measures;

Chapter III cont… Remedies for non-compliance with conditions, accounting and compliance measures Reg 19: The Minister may- ►ask for specific performance or cancel the contract with the service provider; ►Direct that the assets be transferred to another service provider

Chapter IV Norms and standards for community-based services Reg 20-24 Norms and standards for treatment centres and halfway houses apply to community based services with the necessary changes as required by the context.

Chapter V Conditions and requirements for registration Reg 25: To provide community-based services a person must – ►apply for registration in a form similar to Form 5; ►identify and provide information with regard to need; ►indicate the number of potential service users; ►Not be a person with a history of dealing in drugs; Reg 26-30: The HOD may- ►approve the application; ►decline the application; ►grant temporary registration; ►Withdraw the application for registration.

Chapter VII Guidelines for the functioning of community-based services Reg 31-38: Management structure of community-based services must- ►elect a chairperson of the management structure; ►determine and develop policies; ►promote national norms and standards; ►provide oversight and direction; ►meet at least quarterly; ►Monitor, review and approve operational plan

Chapter VIII & IX Requirements and conditions for registration of treatment centres and halfway houses Regs 40-47: Norms and standards cover the requirements and conditions for registration of treatment centres and halfway houses; ►Requirements and conditions for registration of community-based services apply to treatment centres and halfway houses with the necessary requirements as required by the context.

Chapter X Appeals against certain decisions of the DG Reg 50: Any person whose application for registration of a treatment centre or a halfway house has been declined by the DG may appeal to the Minister by lodging an appeal. Reg 51: The Minister may uphold, set aside or vary the decision of the DG.

Chapter XII Integrated aftercare and reintegration services Reg 62: Integrated aftercare and reintegration services must focus on- ►provision of life skills to help service users to maintain sobriety; ►provision of professional support; ►assisting to reduce conditions which may lead to relapse; ►promotion of a healthy lifestyle; ►improving the well-being of families.

Chapter XV Transfer and retransfer of service users from prison, health establishment youth care centres and alternative care Reg 67: An involuntary service user irrespective of whether the involuntary service user is sentenced or awaiting trial must be transferred for treatment by a police official at the request of the person in control of the involuntary service user. ►The Commissioner of the prison in whose custody the involuntary service user is must authorise the transfer of the said involuntary service user to a public treatment centre.   ►A request for the transfer of an involuntary service user must be made to the person in control of the involuntary service user at least 48 hours before the intended transfer of such an involuntary service user takes effect.

Chapter XV cont... ►A social worker must first assess the involuntary service user referred to in sub-regulation 1 and indicate whether the condition of the service user warrants transfer to a public treatment centre.   ►After the service user has been transferred to a public treatment centre a medical doctor must examine the service user and certify if the service user is ready to be retransferred to prison. ►The request referred to in sub-regulation 67 must specify the following:  Purpose of the transfer and retransfer.  Date and time of the intended transfer and retransfer where applicable.  Level of security needed either to protect the service user or to protect the general public from the service user.  The request for the transfer referred to in sub-regulation 1 must be accompanied by an assessment report indicating that the involuntary service user is in need of treatment.  

Recommendation Select Committee to- ● take note of the development of the Regulations; ● give comments on the Regulations; ● support the Minister on the development of the Regulations

THANK YOU FOR YOUR ATTENTION