Children's Act, 2005 (Act No. 38 of 2005)Chapter 7 : Protection of ChildrenPart 2 : National Child Protection Register128. Removal of name from Register |
| (1) | A person whose name appears in Part B of the Register, or a person who was under the age of 18 years when he or she committed the offence in respect of which the finding was made, may in terms of subsection (2) apply for the removal of his or her name and any information relating to that person from the Register. |
[Section 128(1) substituted by section 4 of Act No. 17 of 2016]
(2) Application for the removal of a name and particulars from the Register may be made—
| (a) | to any court, including a children's court; |
| (b) | to the Director-General, if the entry was made in error; or |
| (c) | to the High Court if the Director-General refuses an application in terms of paragraph (b). |
| (3) | An application in terms of subsection (1) to remove a person’s name and particulars from Part B of the Register on the ground that the affected person has been rehabilitated, may only be made after at least five years have lapsed since the entry was made and after considering the prescribed criteria. |
| (4) | The name and particulars of a person convicted more than once of an offence with regard to a child may not be removed from Part B of the Register. |