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Occutech
Occupational Health Management
SECTION 51 MANUAL PROMOTION OF
ACCESS TO INFORMATION ACT
OCCUTECH cc SECTION 51 MANUAL PROMOTION OF ACCESS TO INFORMATION
ACT
CONTENTS
A. INTRODUCTION
...............................................................................................3
B. PARTICULARS
IN TERMS OF SECTION 51 OF THE ACT
..............................3
1. Contact
Details [Section 51(1)(a)
......................................................................3
2. The guide as
described in section 10 of the Act [Section
51(1)(b)]...................3
3. Categories
of records of Occutech cc which are
available without a person having to request access in terms of the
Act, ie
voluntary disclosure. [Section
51(1)(c)].................................................................................................................3
4. Records
available in terms of other legislation [Section
51(1)(d)] ...................4
5. How to
request a record, a description of the subjects on
which we hold records, and the categories of records held on each
subject
[Section
51(1)(e)]................................................................................................................4
6. Other
information as may be prescribed [Section 51(1)(f)]
.............................7
7. Availability
of the manual. [Section
51(3)].......................................................7
ANNEXURE 1
....................................................................................................8
ANNEXURE 2
...................................................................................................11
3 PROMOTION OF
ACCESS TO INFORMATION ACT,
MANUAL IN TERMS
OF SECTION 51 OF THE ACT FOR
A. INTRODUCTION
Occutech cc carries on the following business:
B. PARTICULARS
IN TERMS OF SECTION 51 OF THE ACT
The reference,
in this Manual, to any information in
addition to that specifically required in terms of Section 51 of the
Act does
not create any right or entitlement (contractual or otherwise) to
receive such
information, other than in terms of the Act.
1. Contact Details [Section 51(1)(a)
Name of Private
Body: Occutech (Pty) Ltd
Designated
Information Officer: Mr Harold Gaze
Email address
of Information Officer: harold@occutech.co.za
Postal address:
Street address:
291 J.B. Marks
Road
Glenwood
Durban
4001
KwaZulu Natal
Phone number:
031 206 1244
Fax number: 031
205 2561
2. The guide as described in section
10 of the Act [Section
51(1)(b)]
This guide on
how to exercise your rights in terms of the
Act is in the process of
preparation by
the SAHRC and is expected to be available in
August 2003.
When available,
it can be obtained from the SAHRC. Please
direct any queries to:
The South
African Human Rights Commission:
PAIA Unit:
Research and Documentation Department
Postal address:
Private Bag 2700
Houghton
2041
Telephone: +27
11 484-8300
Fax: +27 11
484-0582
Website:
www.sahrc.org.za
E-mail:
paia@sahrc.org.za]
3. Categories
of records of Occutech cc which are
available without a person having to request access in terms of the
Act, ie
voluntary disclosure. [Section 51(1)(c)]
Occutech(Pty)
Ltd is not obliged to publish a notice in
terms of Section 52(2) of the Act and to date has not elected to do so.
Nevertheless Occutech(Pty) Ltd does make certain information freely
available
to the public in various brochures, press releases and publications.
Certain
information is also made available to employees of Occutech cc,
which is
not generally madeavailable to the public.
4. Records
available in terms of other legislation [Section
51(1)(d)]
Information is
available in terms of the following
legislation to the persons or entities specified in such legislation:
Acts that may
be applicable:
1. Basic
Conditions of Employment No. 75 of 1997
2. Close
Corporations Act No. 69 of 1984
3. Companies
Act No. 61 of 1973
4. Compensation
for Occupational Injuries and Health Diseases
Act No.130 of
1993
5. Copyright
Act No. 98 of 1978
6. Credit
Agreements Act No. 75 of 1980
7. Currency and
Exchanges Act No. 9 of 1933
8. Debtor
Collectors Act No. 114 of 1998
9. Employment
Equity Act No. 55 of 1998
10. Finance Act
No. 35 of 2000
11. Financial
Services Board Act No. 97 of 1990
12. Harmful
Business Practices Act No. 23 of 1999
13. Income Tax
Act No. 95 of 1967
14. Insolvency
Act No. 24 of 1936
15. Insurance
Act No 27 of 1943
16.
Intellectual Property Laws Amendments Act No. 38 of 1997
17. Labour
Relations Act No. 66 of 1995
18.
Occupational Health & Safety Act No. 85 of 1993
19. Regional
Services Councils Act No. 109 of 1985
20. Short Term
Insurance Act No. 53 of 1998
21. Skills
Development Levies Act No. 9 of 1999
22. Skills
Development Act No. 97 of 1998
23. Stamp
Duties Act No. 77 of 1968
24. Trade Marks
Act No. 194 of 1993
25.
Unemployment Contributions Act No. 4 of 2002
26.
Unemployment Insurance Act No. 63 of 2001
27. Usury Act
No 73 of 1968
28. Value Added
Tax Act No. 89 of 1991
5. How to
request a record, a description of the subjects on
which we hold
records, and
the categories of records held on each subject
[Section
51(1)(e)]
5.1 How to
request a record
Requests for
access to records held by Occutech cc
must be made on the request forms that are available from the SAHRC
website
(www.sahrc.org.za)
or the Department of Justice and
Constitutional Development website (www.doj.gov.za) (under
“regulations”). For
the convenience of requestors, copies of these forms are included in
the
version of this Manual available at our offices. (Annexure 1).
Requests for
access to records must be made to our
Information Officer at the address, fax number or electronic mail
address
provided.
The requester
must provide sufficient detail on the request
form to enable the Information Officer to identify the record and the
requester. The requester should also indicate which form of access is
required
and indicate if he or she wishes to be informed in any other manner and
state
the necessary particulars to be so informed.
It is vital
that the requester identifies the right that he
or she is seeking to exercise or protect and provides an explanation of
why the
requested record is required for the exercise or protection of that
right.
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 our Information Officer.
If a requestor
does not use the standard form (Annexure 1),
the request may be rejected for lack of procedural compliance, refused
(if
sufficient information is not provided, or otherwise) or delayed.
Please note
that requestors are also required to pay the
prescribed fees. The list of prescribed fees in respect of requests,
and in
respect of access to records (if the request is granted) is attached as
Annexure 2
The information
officer will notify the requester (other
than a personal requester) of the prescribed fee (if any) before
further
processing the request.
The requester
may lodge an internal appeal or an application
to Court against the tender or payment of the request fee.
The information
officer will then make a decision on the
request and notify the requester in the required form.
If the request
is granted then a further access fee must be
paid for the reproduction and the search and preparation, and for any
time that
has exceeded the prescribed hours to search and prepare the record for
disclosure.
Kindly note
that all requests to Occutech (Pty) Ltd will be
evaluated and considered in accordance with the Act. Publication of
this Manual
and describing the categories and subject matter of information held by
Occutech cc does not give rise to any rights to
access such information or records, except in terms of the Act.
5.2 Subjects
and categories of records held by Occutech (Pty)
Ltd
We maintain
records on the following categories and subject
matters.
However, please
note that recording a category or subject
matter in this
Manual does not
imply that a request for access to such
records would be honoured. All requests for access will be evaluated on
a case
by case basis in accordance with the provisions of the Act. In
particular,
there may be applicable grounds of refusal of such a request, as set
out in the
Act.
Please note
further that many of the records held by us are
those of third parties, such as clients and employees, and we take the
protection of third party confidential information very seriously.
Requests for
access to these records will be considered very carefully. Please
ensure that
requests for such records are carefully motivated.
5.2.1: Internal
records
The following
are records pertaining to Occutech cc’s
own affairs:
§ Registration
documents;
§ Financial
records;
§ Operational
records;
§ Intellectual
property;
§ Marketing
records;
§ Internal
correspondence;
§ Service
records;
§ Statutory
records;
§ Internal
policies and procedures;
§ Minutes of
meetings;
§ Charters,
codes of conduct and policies (both internal and
external) to which Occutech (Pty) Ltd
and its personnel subscribe; and
§ Records held
by officials of Occutech cc.
5.2.2:
Personnel records:
For the
purposes of this section, “personnel” means any
person who works for or provides services to or on behalf Occutech
cc
and receives or is entitled to receive any remuneration and any other
person
who assists in carrying out or conducting the business of Occutech
cc.
This includes, without limitation, partners, directors, all permanent,
temporary and part-time staff as well as consultants and contract
workers.
Personnel
records include the following:
§ Any personal
records provided to us by our personnel;
§ Any records a
third party has provided to us about any of
their personnel;
§ Conditions of
employment and other personnel-related
contractual and quasi-legal records;
§ Employment
policies and procedures;
§ Internal
evaluation and disciplinary records;
§ Other
internal records and correspondence.
5.2.3:
Client-related records:
Client-related
information includes the following:
§ Contracts
with the client and between the client and other
persons;
§ Any records a
client has provided to Occutech cc or
a third party acting for or on behalf of Occutech (Pty) Ltd (including
financial, legal, tax, operational, employee and similar records);
§ Any research
conducted by Occutech (Pty) Ltd in respect of
its clients or research derived by Occutech cc from its clients
and
their activities;
§ Records,
reports, designs and the like generated by
Occutech (Pty) Ltd for its clients;
§ Any records a
third party has provided to Occutech cc, which concerns a client; and
§ Records
generated by or within Occutech cc pertaining
to the client, including transactional records.
5.2.4: Other
Parties:
Records are
kept in respect of other parties, including
without limitation joint ventures and consortia to which Occutech cc is
a party, contractors and sub-contractors, suppliers, service providers,
and
providers of information regarding general market conditions. In
addition, such
other parties may possess records which can be said to belong to
Occutech cc. The following records fall into this category:
§ Personnel,
client, or Occutech cc records which are
held by
another party
as opposed to being held by Occutech cc; and
§ Records held
by Occutech cc pertaining to other
parties, including financial records, correspondence, contractual
records,
records provided by the other party, and records third parties have
provided
about the contractors or suppliers.
5.2.5: Other
Records:
We hold further
records, including:-
§ Information
relating to Occutech cc’s own
commercial activities;
§ Procurement
and administration for Occutech cc; and
§ Research
information belonging to Occutech cc or
carried out on behalf of a third party.
6. Other
information as may be prescribed [Section 51(1)(f)]
No such
information has been prescribed.
7. Availability
of the manual. [Section 51(3)]
This manual is
available from the South African Human Rights
Commission
(see details
above) and from Occutech cc (see details
above).
ANNEXURE 1
FORM C (of
Regulation 10)
REQUEST FOR
ACCESS TO RECORD OF PRIVATE BODIES
(Section 53(1)
of the Promotion of Access to Information
Act, 2000
(Act No. 2 of
2000))
[Regulation 10]
A. Particulars
of private body
The Information
Officer: Occutech (Pty) Ltd
B. Particulars
of person requesting access to the record
(a) The
particulars of the person who requests access to the
record must be given below.
(b) The address
and/or fax number in the Republic to which
the information is to be sent must be given.
(c) Proof of
the capacity in which the request is made, if
applicable, must be attached.
Full names and
surname:
Identity number:
Postal address:
Fax number:
Telephone number:
E-mail address:
Capacity in
which request is made, when made on behalf of
another person:
C. Particulars
of person on whose behalf request is made
This section
must be completed ONLY if a request for information
is made on behalf of another person.
Full names and
surname:
Identity number:
D. Particulars
of record
(a) Provide
full particulars of the record to which access
is requested, including the reference number if that is known to you,
to enable
the record to be located.
(b) If the
provided space is inadequate, please continue on
a separate folio and attach it to this form. The requester must sign
all the
additional folios.
1. Description
of record or relevant part of the record:
2. Reference
number, if available:
3. Any further
particulars of record:
E. Fees
(a) A request
for access to a record, other than a record containing
personal information about yourself, will be processed only after a
request fee
has been paid.
(b) You will be
notified of the amount required to be paid
as the request fee.
(c) The fee
payable for access to a record depends on the
form in which access is required and the reasonable time required to
search for
and prepare a record.
(d) If you
qualify for exemption of the payment of any fee,
please state the reason for exemption.
Reason for
exemption from payment of fees:
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F. Form of
access to record
If you are
prevented by a disability to read, view or listen
to the record in the form of access provided for in 1 to 4 hereunder,
state
your disability and indicate in which form the record is required.
Disability:
Form in w hic h record is re quired:
Mark the
appropriate box with an X.
NOTES:
(a) Compliance
with your request in the specified form may
depend on the form in which the record is available.
(b) Access in
the form requested may be refused in certain
circumstances. In such a case you will be informed if access will be
granted in
another form.
(c) The fee
payable for access to the record, if any, will
be determined partly by the form in which access is requested.
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 the images*
3. If record
consists of recorded words or information which
can be reproduced in sound: listen to the soundtrack (audio cassette)
transcription of soundtrack* (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
derived from the record* copy in computer readable form* (stiffy or
compact disc)
* If you
requested a copy or transcription 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 a separate
folio and attach it to this form. The requester must sign all the
additional
folios.
1. Indicate
which right is to be exercised or protected:
2. 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.
How would you
prefer to be informed of the decision
regarding your request for access to the record:
Signed at this
day of 20
____________________________
SIGNATURE OF
REQUESTER / PERSON ON WHOS BEHALF REQUEST IS
MADE