Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 70 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 70 (b) on the application, in the prescribed form, by a body which is, in the opinion of the Regulator, sufficiently representative of any class of bodies, or of any industry, profession, or vocation as defined in the code in respect of such class of bodies or of any such industry, profession or vocation. (2) The Regulator must give notice in the Gazette that the issuing of a code of conduct 5 is being considered, which notice must contain a statement that— (a) the details of the code of conduct being considered, including a draft of the proposed code, may be obtained from the Regulator; and (b) submissions on the proposed code may be made in writing to the Regulator within such period as is specified in the notice. 10 (3) The Regulator may not issue a code of conduct unless it has considered the submissions made to the Regulator in terms of subsection (2)(b), if any, and is satisfied that all persons affected by the proposed code have had a reasonable opportunity to be heard. (4) The decision as to whether an application for the issuing of a code has been 15 successful must be made within a reasonable period which must not exceed 13 weeks. Notification, availability and commencement of code of conduct 62. (1) If a code of conduct is issued under section 60 the Regulator must ensure that— (a) there is published in the Gazette, as soon as reasonably practicable after the 20 code is issued, a notice indicating— (i) that the code has been issued; and (ii) where copies of the code are available for inspection free of charge and for purchase; and (b) as long as the code remains in force, copies of it are available— 25 (i) on the Regulator’s website; (ii) for inspection by members of the public free of charge at the Regulator’s offices; and (iii) for purchase or copying by members of the public at a reasonable price at the Regulator’s offices. 30 (2) A code of conduct issued under section 60 comes into force on the 28th day after the date of its notification in the Gazette or on such later date as may be specified in the code and is binding on every class or classes of body, industry, profession or vocation referred to therein. Procedure for dealing with complaints 63. (1) A code of conduct may prescribe procedures for making and dealing with complaints alleging a breach of the code, but no such provision may limit or restrict any provision of Chapter 10. (2) If the code sets out procedures for making and dealing with complaints, the Regulator must be satisfied that— (a) the procedures meet the— (i) prescribed standards; and (ii) guidelines issued by the Regulator in terms of section 65, relating to the making of and dealing with complaints; (b) the code provides for the appointment of an independent adjudicator to whom complaints may be made; (c) the code provides that, in exercising his or her powers and performing his or her functions, under the code, an adjudicator for the code must have due regard to the matters listed in section 44; (d) the code requires the adjudicator to prepare and submit a report, in a form satisfactory to the Regulator, to the Regulator within five months of the end of a financial year of the Regulator on the operation of the code during that financial year; and (e) the code requires the report prepared for each year to specify the number and nature of complaints made to an adjudicator under the code during the relevant financial year. 35 40 45 50 55