Catholic Health Care Assosication South Africa

Compassionate health care in the service of Christ

scanned signed constitution July 2013

About us

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 : info@cathca.co.za

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:

PAIA Unit

The Research and Documentation Unit

The South African Human Rights Commission

Address: Private Bag 2700

Houghton 2041

Telephone: (011) 484 8300

Facsimile: (011) 484 0582

Website: http://www.sahrc.org.za

E-mail: paia@sahrc.org.za

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

· Policies

· Insurance Claims Files

Human Resources

· Policies and Procedures

· Personnel Files

· Conditions of Service

· Training Activities

· Forms and Applications

Finance

Financial Statements

Finance Committee minutes

Reports and Returns

Banking Details and Back Account Records

Debtors/creditors statements and invoices

Budgets

Operations

Policies and Procedures

Administration

Internet (www.cathca.co.za)

Correspondence

Strategic Plans

Minutes of Board meetings

Statutory Returns

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