Probation Services Amendment Bill: finalisation; Health Donations Fund Act Repeal Bill: briefing

Meeting report

SOCIAL SERVICES SELECT COMMITTEE
7 June 2002
PROBATION SERVICES AMENDMENT BILL: FINALISATION; HEALTH DONATIONS FUND ACT REPEAL BILL: BRIEFING

Documents handed out:
Probation Services Amendment Bill [B18B-2002]
Proposed amendments to the Probation Bill (See Appendix)
Health Donation Fund Act Repeal Bill [B20-2002]

Chairperson: Ms Jacobus (ANC)

SUMMARY
The Probation Services Amendment Bill was passed with amendments introduced by the Department. The Committee considered the Health Donations Fund Act Repeal Bill which it set aside for voting in its next sitting.

MINUTES
The Chair informed members that the agenda before the Committee was a consideration of two bills that were fairly brief namely the Health Donations Fund Act Repeal Bill and the Probation Services Amendment Bill. She then invited the Department to take members through the Probation Services Amendment Bill.

Probation Services Amendment Bill [B18-2002]
Clause 1:
On page 2, in line 13, to omit "2" and to substitute "4A".
On page 4, from line 12, to omit the definition of "house arrest"
On page 4, from line 19, to add the following paragraph: (e) by the substitution for the definition of "supervision" of the following definition:
" 'Supervision' means supervision of [a] an accused, convicted or sentenced person by a probation officer [by virtue] in terms of the provisions of any law:"

Clause 3:
On page 4, in line 48, to omit "mandatory"

Clause 4 - entire clause deleted and replaced by a new clause 4 and the following section is inserted in the principal Act after section 4:

'Appointment and duties of assistance probation officers'

4 A. (1) The Minister may appoint as many suitable persons as he/she may deem necessary as assistance probation officers to perform the duties imposed by or under this Act or any other law on an assistant probation officer.

(2) The duties of an assistance probation officer shall include -

the monitoring of persons under supervision:
family finding;
the gathering of information for assessment by the probation officer; and
assisting a probation officer with his/her duties

New Clause introduced; the following is a new clause to follow Clause 4

5. The following section is hereby inserted in the principal Act after section 4A:

'Assessment of arrested children'
4B. Every child who is alleged to have committed an offence and who has been arrested shall as soon as may be reasonably possible after his/her arrest be assessed by a probation officer.

Clause 7
On page 6, in line 23, after "2002" to insert:

And comes into operation on a date determined by the President by proclamation in the Gazette.

Discussion
Ms Kota (ANC) asked about the rationale behind replacing the period of assessment from within 48 hours to within a 'reasonable time'

The Chair pointed out that this issue had been exhausted in an earlier meeting where the Department and SAPS made an ernest plea that due to the current constraint on the personnel capacity, it would be impossible to achieve the 48 hour assessment period in rural areas. She however clarified that in areas with capacity the assessment would be carried out within the 48-hour limit or even less.

The Chair put amendments to vote and members unanimously agreed to the proposals. The Chair read out the report of the Committee endorsing the Bill with the proposed amendments. She indicated that debate on the Bill would take place on the 21 June 2002 but that the Bill must first go to the Portfolio Committee for concurrence before then.

Health Donations Fund Act Repeal Bill [B20-2002]
Ms Susan Pretorious, Department of Health
Ms Pretorious informed the Committee that the reason why the Bill is being repealed is that it has not served the purpose for which it was enacted. She said that so far only R27, 000 had so far been donated to the fund in its five-year existence and that the cost of running the donation was by far more than what was being donated.

Mr. Raju asked whether the fund was entirely dependent on donations and from where did the donations principally come.

Ms Pretorious said the fund was set up to attract donations from members of the public and that to that extent it was wholly dependent on these donations.

Ms Nel inquired what would happen to donations that would come after the bill had been repealed.

Ms Pretorious replied that there were other bodies like the Medical Research Council where donations of similar character could be channelled.

The Chair asked if the Department administered the fund to which Ms Pretorious replied in the affirmative.

The Chair informed members that the Committee could not vote on the bill since there were other technicalities that had to be examined first hence voting would take place in the next sitting.

The meeting was adjourned.

Appendix
SELECT COMMITTEE ON SOCIAL SERVICES
PROPOSED AMENDMENTS TO PROBATION SERVICES AMENDMENT BILL [B18B -2002]

1. On page 2, in line 13, to omit "2" and to substitute "4A".

2. On page 4, from line 12, to omit the definition of "house arrest".

3. On page 4, after line 19, to add the following paragraph:

(e) by the substitution for the definition of "supervision" of the following definition:

"'supervision' means supervision of [a] an accused convicted or sentenced person by a probation officer [by virtue] in terms of the provisions of any law;

CLAUSE 3
1. On page 4, in line 48, to omit "mandatory".

CLAUSE 4
Clause rejected.

NEW CLAUSE
1. That the following be a new Clause to follow Clause 3.

4. The following section is hereby inserted in the principal Act after section 4:

Appointment and duties of assistant probation officers

4A.(1) The Minister may appoint as many suitable persons as he or she may deem necessary as assistant probation officers to perform the duties imposed by or under this Act or any other law on an assistant probation officer.

(2) The duties of an assistant probation officer shall include -

(a) the monitoring of persons under supervision;
(b) family finding;
(c) the gathering of information for assessment by the probation officer; and
(d) assisting a probation officer with his or her duties.

NEW CLAUSE
1. That the following be a new Clause to follow Clause 4.
5. The following section is hereby inserted in the principal Act after section 4A:

Assessment of arrested children
4B. Every child who is alleged to have committed an offence and who has been arrested shall as soon as may be reasonably possible after his or her arrest be assessed by a probation officer.

CLAUSE 7
1. On page 6, in line 23, after "2002" to insert:
and comes into operation on a date determined by the President by proclamation in the Gazette.