Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/21

40 No. 30599

Act No. 32, 2007 be given free medical advice surrounding the administering of PEP prior to the administering thereof; and

be supplied with a prescribed list, containing the names, addresses and contact particulars of accessible public health establishments contemplated in section 29(1)(a); and

subject to section 30, apply to a magistrate for an order that the alleged offender be tested for HIV, at State expense.

(2) Only a victim who—

lays a charge with the South African Police Service in respect of an alleged sexual offence; or

reports an incident in respect of an alleged sexual offence in the prescribed manner at a designated health establishment contemplated in subsection (1)(a)(1),

within 72 hours after the alleged sexual offence took place, may receive the services contemplated in subsection (1)(a).

(3) A victim contemplated in subsection (1) or an interested person must—

when or immediately after laying a charge with the South African Police Service or making a report in respect of the alleged sexual offence, in the prescribed manner, be informed by the police official to whom the charge is made or by a medical practitioner or a nurse to whom the incident is reported, as the case may be, of the—

importance of obtaining PEP for HIV infection within 72 hours after the alleged sexual offence took place;

need to obtain medical advice and assistance regarding the possibility of other sexually transmitted infections; and

services referred to in subsection (1); and

in the case of an application contemplated in section 30, be handed a notice containing the prescribed information regarding the compulsory HIV testing of the alleged offender and have the contents thereof explained to him or her.

Designation of public health establishments for purposes of providing Post Exposure Prophylaxis and carrying out compulsory HIV testing

29. (1) The cabinet member responsible for health must, by notice in the Gazette, designate any public health establishment for the purposes of—

providing PEP to victims; and

carrying out compulsory HIV testing,

and may, by notice in the Gazette, withdraw any designation under this section, after giving 14 days' prior notice of such withdrawal in the Gazette.

(2) The first notice in terms of subsection (1) must be published within two months of the implementation of this section, and at least at intervals of six months thereafter.

(3) The Director-General: Justice and Constitutional Development must, within 14 days of publication of each designation or withdrawal thereof contemplated in subsection (1), provide a copy of the notice to—

the relevant role-players falling under his or her jurisdiction; and

the National Commissioner of the South African Police Service, the National Commissioner of Correctional Services and the Director-General of Health.

(4) The National Commissioner of the South African Police Service, National Commissioner of Correctional Services and Director-General of Health must distribute the notice referred to in subsection (1) to all relevant role-players falling under his or her jurisdiction.

Application by victim or interested person for HIV testing of alleged sex offender

30. (1) (a) Within 90 days after the alleged commission of a sexual offence any victim or any interested person on behalf of a victim, may apply to a magistrate, in the prescribed form, for an order that—