Catholic Health Care Assosication South Africa
Compassionate health care in the service of Christ
SECTION 51 MANUAL FOR THE CATHOLIC HEALTH CARE ASSOCIATION OF SOUTH AFRICA (CATHCA)
A. INTRODUCTION to CATHCA
CATHCA is the Roman Catholic network of Health Care Institutions and Health Care Providers, which exist in all nine Provinces of South Africa. It is an Associate Body of the Southern African Catholic Bishops Conference, and is the official voice of Catholic Health Care in South Africa. CATHCA is managed by a Board of Management, and day to day affairs are run by a National Office team based in Johannesburg. CATHCA is registered as a NonProfit organisation and Public Benefit Organisation.
B. CONTACT DETAILS
Chairperson of Board of Management: Dr Douglas Patrick Ross
Designated in terms of this Act: Director: Mrs Yvonne Morgan
Physical Address: St. Vincent’s School for the Deaf, 158 Oxford Road, Melrose, Johannesburg
Postal Address: P O Box 52015, Saxonwold, 2132
Contact Telephone number: 011-880-4022
Contact Facsimile number: 011-880-4084
The e-mail address of the organisation : firstname.lastname@example.org
The website address of the organisation: www.cathca.co.za
C. SOUTH AFRICAN HUMAN RIGHTS COMMISSION GUIDE
In terms of Section 10 of the Act, the Human Rights Commission is required to compile, in each official language, a guide to the Act to assist people to exercise their rights under the Act. This guide will become available in August 2003. The Human Rights Commission may be contacted at:
The Research and Documentation Unit
The South African Human Rights Commission
Address: Private Bag 2700
Telephone: (011) 484 8300
Facsimile: (011) 484 0582
D. Records available in terms of other legislation
Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, No 41 of 1971
All Health Related Legislation
Basic Conditions of Employment Act 75 of 1997
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993
Customs and Excise Act .No 91 of 1964
Employment Equity Act No.55 of 1998
Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, No 36 of 1947
Foodstuffs, Cosmetics and Disinfectants Act, No 54 of 1972
Hazardous Substances Act, No 15 of 1973
Health Act 1977
Health Professions Act No 56 of 1974
Income Tax Act 58 of 1962
Labour Relations Act 66 of 1995
Medical Schemes Act No. 131 of 1998
Medical, Dental and Supplementary Health service Professions Act, No 56 of 1974
Medicines etc Control act, No 101 of 1965
National Policy for Health,1990
Nursing Act No 50 of 1978
Pharmacy Act , No 53 of 1974
Regional Services Councils Act No. 109 of 1985
SA Medicines and Medical Devices Regulatory Authority Act,1998
Skills Development Act 97 of 1998
Skills Development Levies Act 55 of 1998
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
E. Access to the records held by CATHCA
i Categories of records of CATHCA, which are available without a person having to request access in terms of this Act in terms of section 52(2)
1. CATHCA newsletters
2. CATHCA Audited Annual Financial Reports
3. CATHCA Policy and Procedure manual
4. CATHCA Information Brochures
5. CATHCA Annual Conference reports
6. CATHCA List of Institutions/Individuals who are members
7. CATHCA reports of visits to regions/institutions
ii Records that may be requested.
Movable and Immovable Property
· Title Deeds
· Lease Agreements
· Hire Agreements
· Asset Register
· Insurance Claims Files
· Policies and Procedures
· Personnel Files
· Conditions of Service
· Training Activities
· Forms and Applications
Finance Committee minutes
Reports and Returns
Banking Details and Back Account Records
Debtors/creditors statements and invoices
Policies and Procedures
Minutes of Board meetings
iii The Request Procedures
The requester must use the prescribed form to make the request for access to a record. This must be made to the Administrator. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
The requester must provide sufficient detail on the request form to enable the Administrator to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].
The Administrator will process the request within 30 (thirty) days of having received the request, unless it is not practically possible. Extension of the period to decide on the request shall be placed in writing.
The requester shall be informed in writing whether the request for access to information has been granted or not.
F. Grounds for Refusal of Access to Information
Any refusal in terms of the Act;
Personal Information about a third party;
Trade secrets of a third party;
Financial, commercial, scientific or technical information, other than trade secrets, if the disclosure of the information is likely to cause harm to the commercial or financial interests of a third party;
Information which is a computer programme owned by a private body;
Information supplied in confidence by a third party, the disclosure of which could reasonably be expected to put the third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition;
Information which could be a breach of a confidence owed to a third party;
Information which could reasonably be expected to endanger the life or physical safety of an individual;
A record if access to the record is prohibited in terms of the Criminal Procedure Act, 1977 (Act no, 51 of 1077);
Information which is privileged in legal/medical proceedings unless the affected person has waived the privilege, which means the affected person must consent in writing to the release if the information ;
Information about research being carried out or likely to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose the third party, person carrying out the research or subject matter of the research to serious disadvantage.;
Where the request is manifestly frivolous or vexations or the work involved in processing the request would substantially and unreasonably divert the resources of St Mary’s Hospital.
H. Other information as may be prescribed [Section 51(1)(f)]
Appealing a decision of the Administrator: A requester may lodge an appeal to a court against a refusal of access to information or record within 30 (thirty) days of such notification
I. Availability of the manual [Section 51(3)]
The organisation’s Policy is available for inspection free of charge at the address of CATHCA. Furthermore, a copy is available from the Human Rights Commission (see contact details in B above) and on the CATHCA web site: www.cathca.co.za
J. Prescribed fees for private bodies
A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:
CATHCA must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
The fee that the requester must pay to a private body is R50.
After the head of the private body has made a decision on the request, the requester must be notified in the required form.
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
K. Prescribed forms
These may be found on the web site – Annexure A