SASP PAIA Document

SASP PAIA Document

SOUTH ARICAN SOCIETY OF PHYSIOTHERAPY

MANUAL

PROMOTION OF ACCESS TO INFORMATION ACT (NO.2 OF 2000)

MANUAL PREPARED IN ACCORDANCE WTH SECTION 51 OF THE PROMOTION OF ACCESS TO
INFORMATION ACT, NO 2 OF 2000 (hereinafter referred to as the Act)

CONTENTS:

1. Introduction to the private body

2. Organogram of the management of the South African Society of Physiotherapy

3. Particulars in terms of section 51 manual

4. Contact details

5. The section 10 on how to use the manual

6. The latest notice regarding the categories of records of a body, which are
available without a person having to request access in terms of this Act in
terms of section 52(2).

7. Records available in terms of any other legislation

8. How must a person go about asking for records? The description of subjects
of records held by the body and the categories in which these subjects are classed.

9. Grounds of refusal of Access to information and/or records.

10. Access to Health or other Records in terms of Section 61 of the Act

11. Other Information as may be prescribed

12. Availability of the Manual

13. Prescribed fees for Private Bodies

14. Prescribed Forms

1. INTRODUCTION TO THE SOUTH AFRICAN SOCIETY OF PHYSIOTHERAPY

The South African Society of Physiotherapy is an organization comprising of
registered Physiotherapists on a voluntary membership basis, which operates
on a non-profit basis and represents collective interests of Physiotherapists
in South Africa in respect of health, economic and social policy and those areas
agreed to by our members.

The Society represents private practitioners as well as physiotherapy practitioners
in Public Service hospitals and clinics. Our membership is made up of approximately
3100 registered Physiotherapists and Physiotherapy Students out of a total of
4200 Physiotherapists, (registered with the Professional Board for Physiotherapy,
Podiatry and Biokinetics of the Health Professions Council of South Africa)
approximately 80% of whom are in the private sector.

Our objectives:

a) We provide a structure within which the needs of the members are met, acting
as a planning, development and information resource for our members.

b) The SASP is the representative organization of the physiotherapy profession
in South Africa – both in public and private practice.

c) We liaise with the Health Professions Council of SA (HPCSA) as well as with
other statutory and non – statutory organizations on all aspects pertaining
to the physiotherapy profession: education, ethics, scope and standards of practice.

d) We strive to improve the quality of physiotherapy services to all people
throughout South Africa.

e) We negotiate with the Board of Healthcare Funders (BHF) in order to obtain
an appropriate tariff for services rendered by physiotherapists

f) We publish a Journal that provides information on research and clinical
evidence of practice within physiotherapy in Africa and abroad.

g) We keep our members informed monthly via our PhysioForum magazine of matters
of interest pertaining to physiotherapy and courses for continued professional
development (CPD).

h) We advertise employment opportunities for Physiotherapists.

i) We arrange cost effective malpractice and public liability insurance cover
for our members.

j) We organize Congresses, workshops and CPD courses for our members

k) We provide a peer review service for members and non-members.

l) Liaison with international physiotherapy bodies via our membership of the
World Confederation of Physical Therapy (WCPT) of which we are a founding member.

m) Marketing of the physiotherapy profession through media liaison, press releases,
public addresses and the placement of advertisement in the press.

The Society does not market individual members or negotiate or enter into funding
contracts on behalf of its members.

Our Head Office is based in Orchard Heights, Suite 1, 2 and 5 in Norwood and
we employ the following full time staff:

a) Chief Executive Officer

b) One Marketing Officer

c) One Membership Administrator

d) One Bookkeeper

e) Two Secretaries

f) One Receptionists

g) One Office Cleaner

h Four Provincial Secretaries

The Society is governed by a Board of Directors, who are all elected by our
constituency and known collectively as National Assembly members; we are managed
operationally by office bearers of the Society and its Executive Committee.
The office bearers are:

a) President of the Society (fixed term of Office) – Mrs. Zola Dantile

b) Deputy President of the Society (until May 2004) – Mrs. Lynn Fearnhead

c) Chief Executive Officer – Mrs. Saira Khan

The Deputy President will be re-elected at National Assembly in May 2004, and
will be known as the President Elect/Deputy President and will become the President
of the Society in May 2005 to serve as President for two years; the present
President, will become the Deputy President with effect May 2005 and complete
her four year term in office in May 2006.

The Executive Committee of the SASP is:

a) President – Mrs. Zola Dantile

b) Deputy President – Mrs. Lynn Fearnhead

c) Chief Executive Officer – Mrs. Saira Khan

d) Finance Director – Mrs. Jean Durell

e) Provincial Representative – Mrs. Daphne Beukes

f) Private Practitioner – Mrs. Wilma Erasmus

g) Tariff Chairperson – Mrs. Melanie Skeen

h) Public Sector – Mrs. Magda Fourie

i) Black Male – Mr. Hugh Everson

j) Education Chair – Prof Mary Faure

k) Ethics and Peer Review – Mrs. Narina Gilder

l) Quality Improvement – Mrs. Ina Diener

m) WCPT Representative – Mrs. Joyce Mothabeng

n) Journal Editor – Prof Sielie Eales

o) Public Relations – Mrs. Renee Geldenhuys

p) Communications – Mrs. Kelly Davis

2. ORGANOGRAM OF THE SOCIETY:

3. INTRODUCTION TO THE MANUAL:

In the spirit of transparency and democratic accountability, the South African
Society of Physiotherapy hereby publishes its “Information Manual”
in terms of the Promotion of Access to Information Act.

4. CONTACT DETAILS:

Name of the body : South African Society of Physiotherapy (SASP)

Contact Person: Mrs. Saira Khan (Chief Executive Officer)

Address: Suite 1, Orchard Heights, Cnr. of Cheltondale and Orchard

Roads, Norwood

Postal Address: P O Box 92125, Norwood, 2117

Telephone Number: 011- 4851467

Fax Number: 011 – 4851613

Email:

Website: https://physiosa.org.za

5. THE GUIDE AS DESCRIBED IN SECTION 10:

In term of Section 10 of the Act, a guide will be prepared and published by
the Human Rights Commission of South Africa, containing such information as
may be required by a person and / or institution wishing to use the provisions
of the Act.

Any enquiries regarding the aforementioned guide should be directed to:

The South African Human Rights Commission

At PAIA Unit (The Research and Documentation Department)

Private Bag X2700, Houghton, 2041

Tel: 011 – 4848300 Fax: 011 – 4841360

6. THE LATEST NOTICE REGARDING THE CATEGORIES OF RECORDS OF THE BODY, WHICH
ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THIS ACT
IN TERMS OF SECTION 52 (2).

At the time of compiling this report, the Minister of Justice and Constitutional
Development has not yet published any regulations under this section of the
Act.

7. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION (INCLUDING BUT NOT LIMITED
TO THE COMPANIES ACT, ACT NO.6 OF 1973, THE INCOME TAX ACT, ACT NO.58 OF 1962)

{Section 51 (1) (d)}

Records are kept in accordance with the following legislation (this list is
not exhaustive)

a) Basic Conditions of Employment Act 75 of 1997

b) Companies Act 61 of 1973

c) Compensation for Occupational Injuries and Diseases Act 130 of 1993

d) Income Tax Act 58 of 1962

e) Labour Relations Act 66 of 1995

f) Skills Development Act 55 of 1998

g) Trade Marks Act 194 of 1993

h) All related health legislation

8. HOW MUST A PERSON GO ABOUT ASKING FOR RECORDS:

a) Section 53 prescribes that the requester must use the prescribed form to
make the request for access to a record. The requester must at all times comply
with the procedural requirements of the Act. (See attached form marked Annexure
A)

b) Payment together with the request must be submitted to the Chief Executive
Officer to the Postal Address of the SASP.

c) The requester must clearly identify who the request is being made on behalf
of and must submit proof of the capacity in which the requester is making the
request to the reasonable satisfaction of the Chief Executive Officer.

d) The requester shall be advised in writing if the request has been granted
or not. Should the requester require reasons for any decision in this regard,
then he or she must stipulate so.

e) A period of thirty (30) days is considered reasonable for feedback to be
given to the requester, by the SASP.

9. A DESCRIPTION OF THE SUBJECTS OF THE RECORDS HELD BY THE SOCIETY AND THE
CATEGORIES IN WHICH THESE SUBJECTS ARE CLASSED:

The Society has the following records:

Company Secretarial

· Company articles of association

· Registers

· Minutes of meetings

· Statutory Returns

Moveable and Immovable Property

· Title Deeds

· Lease Agreements

· Hire and contractual service agreements

Intellectual Property

· Trade mark

· Copyright

· Licensing Agreements

Insurance

· Policies

· Insurance claim files

Taxation

· Income Tax Files

Human Resources

· Policies and Procedures

· Employee Information

· Personnel Files

· Conditions of Employment

· Internal Evaluation Records (where applicable)

· Correspondence

· Training schedule and related matters

· Agreements

· Forms and applications

· Standard letters and notices

Finance

· Financial statements

· Reports and returns

· Banking details and bank account records

· Records of investments

· Debtor/creditors statements and invoices

Operations

· Policies and Procedures

· Reports and supporting documentation

Information Technology

· System documentation, licenses and manuals

Administration

· Internet ( https://physiosa.org.za)

· Correspondence with internal and external parties

Members

· List of all members (name and surname)

· Contact Information of all its members

These records include, but are not limited to, any and all records, which pertain
to the South African Society of Physiotherapy’s internal and external
affairs.

10. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION AND/OR RECORDS:

a) Any refusal in terms of the Act

b) The protection of a third person’s right to privacy, when such release
of information would amount to the unreasonable and/or unlawful disclosure of
personal information of that person.

c) Mandatory protection of any commercial information to a third party, including
but not limited to any trade secret, commercial and/or intellectual property.

d) Any confidential information, which is protected by an agreement between
the parties.

e) Mandatory protection of a person’s property and / or safety.

f) Any documentation and information that would be considered privileged in
terms of any legal and/or medical proceeding

g) Any intellectual, commercial and/o related documentation relating to business
activities of the South African Society of Physiotherapy and its members.

h) Any other reason, allowed in law.

11. ACCESS TO HEALTH OR OTHER RECORDS. (Section 61 of the Act)

a) For the purpose of this paragraph, the term “relevant person”
shall refer to the requester and/or the authorized person making a request on
the person’s behalf.

b) Requesters must stipulate in their request for access to information and/or
records, what health related information is required, understanding that information
held by a medical practitioner, must be obtained directly from him / her. The
Society is unable to release this information as it does not keep it, and it
is protected by the healthcare practitioner/patient relationship.

c) The Chief Executive Officer, in terms of Section 61 (1) of the Act, may
refuse access to information and/or records, if he or she is of the opinion
that the disclosure would cause serious harm to the requester’s physical
and/or mental health, or well-being.

d) Before the Chief Executive Officer allows, grants or facilitates access
to information and/or records, he or she may consult with the Executive Committee
and the practitioner concerned, who, subject to section 61 (2), has been nominated
by the relevant person.

e) If the relevant person is:

i) under the age of 16 years, a person having parental responsibilities for
the relevant person, must make the nomination referred to in section 61 (1)
of the Act; or

ii) incapable of managing his or her affairs, a person appointed by the court
to manage those affairs must make that nomination.

f) If after he Chief Executive Officer has given access to the nominated health
care practitioner, and he/she (health care practitioner) is of the opinion that
the disclosure of the information and/or record to the relevant person, would
be likely to cause serious harm to his/her physical and/or mental health, or
well being, the Chief Executive Officer may only grant access to that information
and/or record if he/she has been given sufficient guarantees by the requester,
that adequate provision has been made for such counseling or arrangements as
are reasonably predictable before, during or after the disclosure of the information
and/or record to limit, alleviate or avoid such harm to the relevant person.

g) Before access to the information and/or record is so given to the requester,
the person responsible for such counseling or arrangements must be given access
to the information and/or record.

h) The Chief Executive Officer may also refuse access to information and/or
records in terms of any other law.

12. OTHER INFORMATION AS MAY BE PRESCRIBED:

a) Appealing a decision of the South African Society of Physiotherapy.

b) Where a requester has been denied access to any information and/or record,
and the requester is for whatever reason dissatisfied with that decision, he/she
may within 30 (thirty) days of such notification, apply to a Court within his/her
jurisdiction for relief.

c) Any third party, who is dissatisfied with the Chief Executive Officer’s
decision to disclose information and/or records for whatever reason, may apply
to a Court in his/her jurisdiction for relief.

d) In terms of the provisions of this Act, the Court/s to be used for the purpose
of this paragraph (Appeals), are the Constitutional Court, the High Court of
South Africa and any other court of a similar status.

13. AVAILABILITY OF THE MANUAL:

In accordance with paragraph 9(1) of the Regulations to the Act, this manual
has been made available to the Human Rights Commission and is published on the
SA Society of Physiotherapy’s website (https://physiosa.org.za). The
Manual is thus available from the Human Rights Commission and viewed on our
website.

14. FEES IN RESPECT OF PRIVATE BODIES:

· The fee for a copy of the manual as contemplated in regulation 9(2)(c)
is R1.10 for every photocopy of an A4-sized page or thereof.

· The fees for reproduction referred to in regulation 11(1) are as follows:

a) For every photocopy of an A4 size page or part thereof R 1.10

b) For every printed copy of an A4 size page or part thereof

held on a computer or in electronic or machine-readable format R 0.75

c) For a copy in a computer-readable form on:

(i) Stiffy disc R7.50

(ii) Compact Disc R70.00

d) (i) For a transcription of visual images, for an A4 page or

part thereof R40.00

(ii) For a copy of visual images R60.00

` e) (i) For a transcription of audio record, for an A4 page or

part thereof R20.00

(ii) For a copy of an audio record R30.00

1. The request fee is payable by a requester, other than a personal requester,
referred to in regulation 11(2) is R50.00

2. The access fees payable by a requester referred to in regulation 11(3) are
as follows:

a) For every photocopy of an A4 size page or part thereof R 1.10

b) For every printed copy of an A4 page or part thereof held

on a computer or in electronic/machine readable format R0.75

c)For a copy in a computer-readable form on

(i) Stiffy disc R7.50

(ii) compact disc R70.00

d) (i) For a transcription of visual images, for an A4 size page or part

thereof R40.00

(ii) For a copy of visual images R60.00

e) (i) For a transcription of an audio record, for an A4 size paper or

part thereof R20.00

(ii) For a copy of an audio record R30.00

f) To search for and prepare the record of disclosure, R30.00 for each hour
or part thereof, reasonably required for such search and preparation.

g) For purposes of section 54(2) of the Act, the following applies:

(i) Six hours as the hours exceeded before a special deposit is payable; and

(ii) One third of the access fee is payable as a minimum deposit by the requester

h) The actual postage is payable when a copy of a record must be posted to
the requester.

15. PRESCRIBED FORMS (Annexure A)

Annexure A

REQUEST FOR ACCESS TO RECORD OF THE SOUTH AFRICAN SOCIETY OF PHYSIOTHERAPY
(SASP)

Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No.2
of 2000)

A. Particulars of the SA Society of Physiotherapy

The Information Officer Mrs. Saira Khan (CEO)

Postal Address: P O Box 92125, Norwood, 2117

Physical Address: Suite 1, Orchard Heights, Cnr. Cheltondale &

Orchard Road, Norwood

Telephone Number: 011 – 4851467

Fax Number: 011-4851613

Email:

Website: https://physiosa.org.za

B. Particulars of Person Requesting Access to Records/Information

Full Name and Surname: _____________________________________________

Identity Number: _____________________________________________

Postal Address: _____________________________________________

Fax Number: _____________________________________________

Telephone Number: _____________________________________________

Email Address: _____________________________________________

Capacity in which request is made, when made on behalf of another person: (Attach
proof)

______________________________________________________________________________

______________________________________________________________________________

C. Particulars of Person on whose behalf Request is Made

Full Names and Surname: _______________________________________

Identity Number: _______________________________________

D. Particulars of record:

Description of the record or relevant part of the record:

______________________________________________________________________________

Reference Number, if available: _______________________________________

Any further particulars of record: _______________________________________

______________________________________________________________________________

E. Fees

1. If the record is in written or printed form:

Copy of record Inspection of Record

2. If record consists of visual images:(this includes photographs, slides,
video recordings, computer-generated images, sketches, etc.)

View the images Copy of the images Transcription of images

3. If record consists of recorded words or information which can be reproduced
in sound:

Listen to the sound track (audio cassette) Transcription of sound track (written
or printed document)

4. If record is held on computer or in an electronic or machine readable form:

Printed copy of record Printed copy of information from the record Copy in
computer readable form (stiffy or compact disc)

If you requested a copy or transcript of a record (above) do you wish the copy
or transcription to be posted to you?Postage is payable. YES NO

G. Particulars of right to be exercised or protected:

If the provided space is inadequate, please continue on separate pages/folios
and attach it to this form. The requester must sign all the additional folios/pages.

4. Indicate which right is to be exercised or protected:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. Explain why the record requested is required for the exercise or protection
of the aforementioned right:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

H. Notice of Decision regarding request for access:

You will be notified in writing whether your request has been approved./denied.
If you wish to be informed in another manner, please specify the manner and
provide the necessary particulars to enable compliance with your request.

Signed at __________________________ this ___________day of _____________ 20
_____

_____________________________________

SIGNATURE OF REQUESTOR / PERSON

ON WHOSE BEHALF REQUEST IS MADE


Provincial Branches


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