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Probation Services Act: Regulations Amended

Department of Social Development

Regulations made under Probation Services Act 116 of 1991 have been amended.

The amendments can be found in notice 66 of Government Gazette 34983 dated 3 February 2012 and are immediately effective.

They are the first to have been made to the regulations published on 5 August 1994 in notice R3164 of Government Gazette 15895.

Regulation 2 (requirements for appointment as a probation officer) has been replaced with the following:

“No person shall be appointed as a probation officer unless he or she is a social worker in the employ of the state, a welfare organisation or a non-profit organisation and is registered as a social worker with the South African Council for Social Service Professions”.

In addition, a sub-clause has been added to regulation 3 (quorum for and procedures at meetings of committees) entitled ‘constitution and functioning of information classes’.

This requires that:

•    information classes “regarding (the) causes of criminal tendencies and deviate behaviour” should be provided “by probation officers and … persons appointed by the minister who have knowledge or experience in the management of substance abuse, victim empowerment, family preservation and education”;
•    compliance and  non-compliance with court orders for persons to attend these classes should be monitored; and that
•    specific information classes should take place at pre-determined and pre-planned intervals.

The amendments also establish a probation advisory committee, providing for its constitution and meetings.

Sabinet Cape Town Office

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