PAIA Manual

This manual was prepared in accordance with section 51 of the Promotion of Access to Information Act, 2000 (Act 2 of 2000) and to address requirements of the Protection of Personal Information Act, 2013 (Act 4 of 2013). It informs the public about the records held by the practice and explains how to request access to such records.

1. Business Activity

Sandton Psychology is a counselling psychology practice operated by Sacha Proctor, providing individual and couples therapy services from Bryanston, Sandton, Gauteng.

2. Contact Details of the Information Officer

The Information Officer is responsible for ensuring that requests for access to information are dealt with in accordance with PAIA and that the provisions of the Protection of Personal Information Act are complied with.

3. Purpose of PAIA

The Promotion of Access to Information Act, 2000 (Act 2 of 2000) gives effect to the constitutional right of access to any information held by the State and any information held by another person that is required for the exercise or protection of any rights.

PAIA recognises that the right to access information cannot be unlimited and should be subject to justifiable limitations, including limitations aimed at the reasonable protection of privacy, commercial confidentiality and the effective, efficient and good governance of private and public bodies.

4. Guide of the South African Human Rights Commission

The South African Human Rights Commission (SAHRC) has compiled a guide in terms of Section 10 of PAIA containing information to assist a person wishing to exercise any right contemplated in PAIA. The guide is available from the SAHRC at the following contact details:

5. Records Available Without a Request

The following information is publicly available on the Sandton Psychology website and may be accessed without the need to submit a formal PAIA request:

• Practice contact details and location
• Practitioner qualifications and registration details
• Services offered and areas of practice
• Session rates and medical aid information
• Privacy policy

6. Categories of Records Held

Sandton Psychology holds records across the following categories. Access to these records may be subject to the grounds for refusal set out in this manual.

7. Applicable Legislation

Depending on the type of information requested, the provisions of the following legislation may apply. Where applicable, records are retained and may be made available in terms of these acts:

1. Basic Conditions of Employment Act, No. 75 of 1997
2. Companies Act, No. 71 of 2008
3. Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
4. Consumer Protection Act, No. 68 of 2008
5. Electronic Communications and Transactions Act, No. 25 of 2002
6. Employment Equity Act, No. 55 of 1998
7. Health Professions Act, No. 56 of 1974
8. Income Tax Act, No. 58 of 1962
9. Labour Relations Act, No. 66 of 1995
10. Mental Health Care Act, No. 17 of 2002
11. National Health Act, No. 61 of 2003
12. Occupational Health and Safety Act, No. 85 of 1993
13. Promotion of Access to Information Act, No. 2 of 2000
14. Protection of Personal Information Act, No. 4 of 2013
15. Regulation of Interception of Communications and Provision of Communication-Related Information Act, No. 70 of 2002
16. Value Added Tax Act, No. 89 of 1991

8. How to Request Access to Records

A requester must complete the prescribed Form C (for private bodies) and submit it to the Information Officer at the contact details set out in this manual. The request must include:

• Sufficient detail to identify the record(s) requested
• The identity of the requester and, if applicable, proof of capacity to make the request on behalf of another person
• The form of access preferred (for example, copy, inspection)
• A postal or email address for correspondence
• The right the requester is seeking to exercise or protect, and an explanation of why the record is required for that purpose

The prescribed request fee must be paid before the request will be processed. If the preparation of the record requires more than the prescribed number of hours, a deposit may be payable.

Processing period

The Information Officer will decide whether to grant or refuse the request within 30 days of receipt of a properly completed Form C and any applicable fees. This period may be extended by a further 30 days if the request involves a large number of records or requires consultation with a third party.

9. Grounds for Refusal

The Information Officer may refuse a request for access to a record in accordance with PAIA. The main grounds for refusal include:

1. Protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that person
2. Protection of the commercial information of a third party
3. Confidential information of a third party, if disclosure would constitute a breach of a duty of confidence owed to that party
4. Safety of individuals and protection of property
5. Records that are privileged from production in legal proceedings
6. Commercial information of Sandton Psychology, if disclosure would cause harm to the commercial or financial interests of the practice
7. Research information of Sandton Psychology or a third party, if disclosure would expose the research or researcher to serious disadvantage

Notwithstanding any of the above, access will be granted where the public interest in disclosure clearly outweighs the harm contemplated in the relevant provision.

10. Prescribed Fees

Request fee

A non-refundable request fee of R50.00 is payable by every requester (other than a personal requester seeking their own personal information) before the request will be processed.

Reproduction fees

Access fees

An access fee is payable in all instances where a request for access is granted, except where the fee is specifically excluded in terms of the Act. The access fee covers the cost of search, preparation and reproduction of the record.

Where the search and preparation requires more than six hours, a deposit equal to one third of the applicable access fee is payable. If a record must be posted, the actual postal fee is payable.

11. Remedies if Access is Refused

Internal remedies

Sandton Psychology does not have an internal appeal procedure. The decision made by the Information Officer is final.

External remedies

A requester who is dissatisfied with the Information Officer’s decision may, within 180 days of notification of the decision, apply to a court for appropriate relief. A requester may also lodge a complaint with the Information Regulator:

12. Access to Records Held by Sandton Psychology

Personal requester

A personal requester is a requester seeking access to a record containing personal information about the requester. Sandton Psychology will provide the requested information or give access to any record containing the requester’s personal information. The prescribed fee for reproduction of the information will be charged.

Other requester

A requester (other than a personal requester) is entitled to request access to information held by Sandton Psychology. The requester must comply with all procedural requirements contained in PAIA, including the payment of the prescribed fees, and must demonstrate that the record is required for the exercise or protection of any rights.