Child Safety Regulations at Entertainment Events Under the Child Care and Protection Act
Events attended by children with over 50 people must adhere to safety rules under the Child Care and Protection Act. Organizers are responsible for preventing overcrowding, ensuring adult attendants are present, and controlling movement to safeguard children's well-being at large entertainment events.
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Child Care and Protection Act 3 of 2015 Chapter 23 CHILD SAFETY AT PLACES OF ENTERTAINMENT Ministry of Gender Equality and Child Welfare Legal Assistance Centre
Overview Persons who provide entertainment to children must take steps to protect the children s safety. The rules apply where the majority of people attending the event will be children AND the total number of people attending is expected to be MORE THAN 50. This chapter covers events attended by children. Chapter 26 of the Guide for information about events involving child participation. Both sets of rules will apply to some events.
1. International framework Convention on the Rights of the Child requires States to ensure that children have the protection and care that is necessary for their well-being. One area where children may be vulnerable to harm is at large entertainment events, particularly where the events have a profit-making motive. This is why the organisers of large events for children must take special safety precautions.
2. Events covered 1. Events where majority attending are children AND total number of persons expected to be more than 50. 2. Minister can designate other facilities that provide entertainment or recreation to children to comply with the safety rules regardless of number of people / children (example: public swimming pools). The rules cover both indoor & outdoor events.
3. The safety rules Who is responsible for complying with the rules? the person providing the entertainment the person hosting the performance or event Note that the term person can include a legal person such as a company. OR the person in control of a facility designated by the Minister
The rules 1) No overcrowding: The responsible person must determine the number of people who can safely be accommodated at the venue and in each part of the venue, to prevent congestion that might result in injury. 2) Adult attendants: The responsible person must station a sufficient number of adult attendants to ensure that there is no overcrowding. 3) Controlled movement: The responsible person must control movement in and out of the venue, inside the venue and between different parts of the venue o to prevent a crush at entrances or exits, or o to provide for orderly evacuation in case of fire, etc.
The rules 4) Other reasonable precautions: The responsible person must take all reasonable precautions for the safety of the children and other people attending the entertainment. 5) No alcohol or tobacco products: No alcohol or tobacco products may be sold, served or otherwise made available to children at venues or events covered by the rules.
Enforcement Police ORpersons authorised by a local authority or regional council may - enter premises to see if the rules for child entertainments are being followed whenever they reasonably suspect that a child entertainment or recreation is being provided OR going to be provided They can question people examine documents remove articles (eg alcohol being served to children) photograph or video the situation. carry out reasonable investigations search any promises not being used as a private residence without a search warrant.
Criminal penalty A person who violates the rules commits a crime which is punishable by a fine of up to N$20 000 or imprisonment for up to 10 years, or both. Note that the rules against providing alcohol or tobacco products to children can be violated by anyone. The other rules apply only to the responsible person, and so could only be violated by that person. ***
