The Sexual Offences Amendment Act and Employers

The Sexual Offences Amendment Act and Employers

  • Are you within EDUCATION, HOSPITALITY OR MEDICAL industries?
  • Do your employees have ACCESS to CHILDREN or MENTALLY CHALLENGED individuals?

Failure to comply with the Sexual Offences Amendment Act could result in up to 7 years in prison and/or a fine!

The Sexual Offenders Register, which was promulgated in 2007 as part of the new Sexual Offenses Amendment Act, is now functional.

The obligations of the employer, in respect of this legislation, require that all employers must, in the prescribed manner, apply to the Registrar for a prescribed certificate, stating whether or not the particulars of the employee are recorded in the Register. In other words, the employer is required to ensure that the employ is not a registered sexual offender against a child and/or mentally challenged individual. These checks must also be done on volunteers as well as individuals who you intend on employing.

It is important to bear in mind that having these checks in place are not optional but mandatory. Failure to comply with the Act and conduct these prescribed checks could result in up to 7 years in prison and/or a fine. It is important to note that not only can the business owner be liable but also any individuals who participate or assist in the management or operation of the entity or business. Any employer who determines that an employee is on the Register at the time of the check, or any time thereafter, is required to terminate the employees employment or, where possible, move them to a position in which they will have absolutely no access or contact with a child.

HRTorQue, in association with The Guardian, can conduct these checks for you at your premises for all employees. The service includes:

  • Completion of the prescribed employers forms
  • Completion of the prescribed employee forms
  • Biometric / Electronic fingerprinting done for all employees
  • Affidavits completed and certified
  • Submission of forms to the Registrar
  • Regular follow up with Registrar until certificates are received by Employer (approximately 6 to 8 weeks)

All the above is done at your premises and each staff member would be away from their workstation for +- 5mins.

No. of Employees: Cost
1 – 4 employees: R 450 per employee
5 – 10 employees: R 2 000
11 – 25 employees: R 2 000 for the first 10 employees and R 175 per employee thereafter.
26 – 50 employees: R 2 000 for the first 10 employees and R 150 per employee thereafter.
51+ employees: R 2 000 for the first 10 employees and R 120 per employee thereafter.

Contact Marc Hardwick on [email protected] or 083 796 6554.