PAIA manual
Manual in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”) · Last updated: [CONTENT PENDING]
1. Purpose of this manual
This manual is published in terms of section 51 of PAIA by Dr Benjamin Garrett, Specialist Orthopaedic Surgeon, trading as BayOrtho (“the practice”). It explains the types of records the practice holds and the procedure for requesting access to those records. It also describes how the practice processes personal information, as required by PAIA read with the Protection of Personal Information Act 4 of 2013 (“POPIA”).
2. Information Officer contact details
Head of the practice and Information Officer: Dr Ben Garrett
Practice: BayOrtho, Dr Ben Garrett (sole practitioner)
HPCSA registration: MP 0537624
Practice number: 0561967
Physical address: Cure Day Hospital, Westview Village Office Park, Westview Drive, Newton Park, Gqeberha (Port Elizabeth), 6045
Postal address: [CONTENT PENDING]
Telephone: 050 216 6348
Email: admin@bayortho.co.za
Website: bayortho.co.za
3. The Information Regulator’s guide on how to use PAIA
The Information Regulator has published a guide, in all official languages, on how to use PAIA (the “section 10 Guide”). It explains how to make a request, the fees involved, and available remedies. The Guide is available from the Information Regulator:
The Information Regulator (South Africa)
Address: [CONTENT PENDING]
Website: inforegulator.org.za
Email: enquiries@inforegulator.org.za
4. Records automatically available
The following records are freely available without a PAIA request, on our website:
- Information about the practice, its consulting rooms, hours and fees
- Our Privacy notice and Cookie policy
- This PAIA manual
5. Records held by the practice
The practice may hold records in the following categories. Listing a category does not mean access will automatically be granted. Requests are assessed under PAIA, including its grounds for refusal.
| Subject | Categories of records |
|---|---|
| Patient clinical records | Medical history, examination findings, X-rays and scans, test results, diagnoses, operation and treatment records, medication and allergies |
| Patient administration | Identity and contact details, next of kin or emergency contact, medical aid and account details, authorisation numbers, payment records |
| Injury-on-duty records | Employer details and claim information, and correspondence with the Compensation Fund or its agent |
| Correspondence | Referrals and correspondence with referring practitioners, hospitals and other health professionals involved in care |
| Website enquiries | Details sent through the contact form, received by email. The website does not store enquiries |
| Financial records | Accounting records, invoices, banking records, tax records (SARS), records required under tax and financial legislation |
| Operational records | Supplier and service-provider agreements |
6. Processing of personal information (POPIA)
As required by section 51(1)(c) of PAIA, the following describes how the practice processes personal information. The Privacy notice sets this out in full.
- Purpose of processing: diagnosing and treating patients, booking appointments and replying to enquiries, claiming from medical schemes and managing accounts, injury-on-duty claims, and keeping clinical records as the law requires.
- Categories of data subjects: patients (including children, through a parent or guardian), people who contact the practice through the website, by phone or by email, and referring practitioners.
- Categories of information: identity and contact details, medical aid and account details, health information (special personal information), injury-on-duty details, and website enquiry information.
- Recipients: other health professionals involved in care, hospitals where patients are treated, medical schemes or their administrators, the Compensation Fund or its agent, and service providers who work for the practice under written agreements. See our Privacy notice for detail.
- Cross-border transfers: [CONTENT PENDING]
- Security measures: [CONTENT PENDING]
7. How to request access to a record
- Complete Form 2 (Request for Access to Record) as prescribed under PAIA, available from the Information Regulator’s website.
- Submit it to the Information Officer at admin@bayortho.co.za or the address in section 2, together with the prescribed request fee.
- Provide sufficient detail to identify the record, the form of access required, and proof of identity. If you are requesting on someone else’s behalf, provide proof of authority.
- If you request a record containing your own personal information, no request fee is payable.
- We will respond within 30 days as required by PAIA. This period may be extended once, by up to 30 days, where permitted by the Act.
8. Fees
Fees are prescribed by regulation (Annexure B to the PAIA regulations) and may change. At the time of publication, the request fee for a record of a private body is [CONTENT PENDING], plus prescribed access and reproduction fees where applicable. Current fees are available from the Information Regulator. A requester may lodge an internal complaint or apply to court if a request is refused, and may also complain to the Information Regulator.
9. Availability of this manual
This manual is available free of charge on this website, and on request from the Information Officer. It will be updated as the practice or the law changes.