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 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

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?