PROMOTION OF ACCESS TO INFORMATION ACT

SECTION 51 MANUAL

JACKY GOODSPEED REGD. PHYSIOTHERAPISTS

0720000084263 

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person or entity, where such information is required by someone to protect his/her rights.

OVERVIEW

This private practice is the practice of Mrs. J H Wantling whose principle business is rendering of medical care and services in the field of Physiotherapy. We run our practice according to the requirements set by the Health Professionals Act of 1974, and are subject to the authority of the Health Professionals Council of South Africa (HPCSA). Our business is to practice physiotherapy within the scope and ambit of our competence and training, as defined from time to time. We are bound by a number of ethical rules issued by the HPCSA, most notable the duty to preserve patient confidentiality, unless legislation or a court order complies us to breach this duty.

This manual serves to inform members of the public of the categories of information I/we hold, and which may, subject to the grounds of refusal listed in the Act, be disclosed after evaluation of an access application being made in terms of the Act.

Availability of this manual 

A copy of this Manual is available -

·         At our reception desk at my/our practice situated at 203 Sea Point Medical Centre, 11 Kloof Road, Sea Point. 8005

·         On request from my/our Information Officer

·         From the South African Human Rights Commission (“SAHRC”) at the addresses and/or telephone numbers as published by the Commission

·         From our website: www.jackygoodspeedphysiotherapists.co.za

This Manual will be updated from time to time, as and when required 

SECTION A: Practice details

Full name: Jacky Goodspeed Regd. Physiotherapists

Practice Number: 072 00000 84263

Postal Address: 203 Sea Point Medical Centre, 11 Kloof Road, Sea Point, 8005

Telephone Number: 021-4341923

Head: Jacky Wantling 

                                   INFORMATION OFFICER

The Information Officer for Jacky Goodspeed Regd. Physiotherapist is:

Name: Jacky Wantling

Designation in practice: Sole Proprietor

Tel nr: 021-4341923

E-mail: goodspeed@mweb.co.za

SECTION B – The official SA Human Rights Commission Guide

Section 10 of the Act requires the South African Human Rights Commission (SAHRC) to publish a Guide containing information reasonably required by a person wishing to exercise or protect any right in terms of this Act. The SAHRC Guide will contain the following information: The objects of the Act; Particulars of the information officer of every public body; Particulars of every private body as are practicable; The manner and form of a request for access to information held by a body; Assistance available from both the information officers and the Human Rights Commission in terms of this Act; All remedies in law regarding acts, omissions, rights and duties, including how to lodge an internal appeal and a court application; Schedules of fees to be paid in relation to requests for access to information; Regulations made in terms of the Act. Copies of this Guide will be available as soon as it is published by the SAHRC. Enquiries regarding the Guide can be addressed to the SAHRC, the contact details of which are as follows: South African Human Rights Commission, Promotion of Access to Information Act Unit, Private Bag 2700, Houghton 2041 Telephone: (011) 484-8300; Fax: (011) 484-0582; website: http://www.sahrc.org.za;/ E-mail: PAIA@sahrc.org.za

 HOW TO ACCESS RECORDS HELD BY JACKY GOODSPEED PHYSIOTHERAPISTS

Requests for access to records held by Jacky Goodspeed Physiotherapists must be made on the request forms that are available from our office or website, or from the SAHRC website (www.sahrc.org.za).

When a record is requested, please note that:

·         Fees may be payable for reproduction of the record requested. These fees are prescribed by law, and can change from time to time. The current fee list is attached to this manual.

·         The Request Form known as “Form C - REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY” must be completed. It can be obtained from our Information Officer, on the SAHRC website (www.sahrc.org.za) or on the website of the Department of Justice (www.justice.gov.za) under “PAIA” and “forms”.

·         On the Request Form all details must be completed, including the right the requester wants to protect by requesting the information.

·         If the requester is acting on behalf of someone else, the details of the other person as the one who has authorised the request must be included.

·         The requester must state in which form (inspection of copy, paper copy, electronic copy, transcript, etc) s/he wants to access the information.

·         If the record is part of another record, the requester will only be allowed access to the part(s) that pertains to the information s/he wants or is entitled to, and not the rest of the record.

All requests will be evaluated against the provisions of the Act. The Act allows the Information Officer to refuse access on grounds stipulated in the Act. A requester can, for example, not access another person’s confidential information, or trade or commercial secrets of a business.

An answer on a request for information must be made within 30 days of the request, and if not granted and the requester is not satisfied with the reasons for the refusal of access, s/he can approach the courts within 30 days of the request being refused.

HOW THE ACT WORKS AND INFORMATION PUBLISHED BY THE SAHRC 

More information on how the Act works and all other information can be obtained from the SAHRC at:

    Tel: 011 877 3600 

There are also provincial SAHRC offices in all nine provinces. More information can be obtained from the SAHRC website at www.sahrc.org.za

VOLUNTARY DISCLOSURE 

The following information is made known automatically: documents on websites, Ethical Rules, price lists, major medical scheme websites, brochures, leaflets, etc and persons do not have to request such information.

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

Information is available in terms of the following legislation to the persons or entities specified in such legislation, as well as the specific protections offered by such laws. As legislation changes from time to time, and new laws may stipulate new manners and extend the scope of access by persons specified in such entities, this list should be read as not being an exhaustive list.

Business legislation (including all amendments and regulations issued in terms of such legislation):

The Companies Act 71 of 2008; Income Tax Act 58 of 1962; Value Added Tax Act 89 of 1991; Labour Relations Act 66 of 1995; Basic Conditions of Employment Act 75 of 1997; Employment Equity Act 55 of 1998; Skills Development Levies Act 9 of 1999; Unemployment Insurance Act 63 of 2001; Electronic Communications and Transactions Act 25 of 2002; Telecommunications Act 103 of 1996; Electronic Communications Act 36 of 2005; Consumer Protection Act 68 of 2008; Broad-based Black Economic Empowerment Act 53 of 2003; National Credit Act 34 of 2005; etc.

Health legislation (including amendments and regulations issued in terms of such legislation):

The Health Professions Act 56 of 1974, National Health Act 61 of 2003; Medical Schemes Act 121 of 1998; Medicines and Related Substances Act 101 of 1965; Children’s Act 38 of 2005; Mental Healthcare Act 17 of 2002; Choice on Termination of Pregnancy Act 92 of 1996; Sterilisation Act 44 of 1998; etc.

SECTION C: Information available from this practice in terms of the act

I/We hold records in the following categories. The fact that we list a record type here does not necessarily mean that we will disclose such records, and all access is subject to the evaluation processes outlined herein, which will be exercised in accordance with the requirements of the Act.

(a) INFORMATION ON FORM OF PRACTICE

I am practicing in a solus practice and no official constituting documentation are held, other than the Sale of practice agreement and documentation relating to goodwill.

(b) INFORMATION RELATING TO THE PROFESSIONAL STATUS OF PERSONS WORKING IN THE PRACTICE

Certificates and cards proving professional registration at the HPCSA and other relevant Boards and Councils; Proof of payment of annual and registration fees.

(c) ASSETS, FINANCIAL INFORMATION AND RECORDS HELD IN TERMS OF MEDICINES CONTROL ACT OF 1965

Register of Debentures and Fixed Assets; Annual Financial Statements including: Annual accounts; Auditor’s report; Books of Account; Supporting schedules to books of account and ancillary books of account; Accounting records; Books of Account including journals and ledgers; Bank statements; Stock sheets; Delivery notes, orders, invoices, statements, receipts, vouchers and bills of exchange.

(d) PATIENT RECORDS

Records are held on all patients. Records are kept between 6 and 9 years, or as legislation from time to time determine. Children’s records are kept until the age of 21. These records constitute personal confidential information that is protected from unauthorised third party access .It must be noted that, in the health sector, personal and patient information are confidential and protected by legislation and ethical rules, and disclosure can  only take place, if at all, within those frameworks.

(e) EMPLOYEMENT RECORDS

Employees’ names and occupations; Time worked by each employee; Remuneration paid to each employee;   Salary and wages register; Disciplinary proceedings; Training records; Staff records (after date of employment ceases); IRP5’s and Tax information pertaining to the employment of employees; Employee contracts; Performance management records; Conditions of Employment and Policies (including but not limited to leave policies, etc.) Locum agreements and locum records.

(f) PROPERTY (FIXED AND MOVABLE)

 Leases; Asset register; Finance and Lease Agreements.

(g) AGREEMENTS AND CONTRACTS

Software house / datawarehouse /IT agreements; purchase or lease agreements.

(h) TAXATION & VAT

Copies of all Income Tax Returns and other tax returns and documents relating to Income Tax and VAT.

 (i) INSURANCE

Insurance policies; Professional Indemnity; Claim records; Details of insurance coverages, limits and insurers.

This manual is signed by Jacky Goodspeed Regd. Physiotherapist on 1 December 2015

JH Goodspeed 

______________________

Signature