Section 51 Manual of St Mary's Catholic Mission Hospital Trust
(Registration number: IT2376/1995/PMB)
1.Introduction
St Mary’s Hospital is a 200-bed, level one district hospital, situated on the outskirts of Durban, in the Mariannhill Mission Complex.
The Hospital is the only private; government-aided Catholic Mission Hospital in South Africa. It was initially established by a group of Trappist Monks in 1882, who appealed to women in their home parishes in Germany, for assistance. Five women responded, who formed the foundation of the Missionary Sisters of the Precious Blood, the order of nuns that still owns the Hospital today. Although the Hospital is still owned by the Missionary Sisters of the Precious Blood, the day-to-day running has been handed over to a Trust and is the only remaining Catholic Mission Hospital in South Africa.
The Hospital provides district hospital services to a population of approximately 750 000 people living in the inner and outer west operational entities of the eThekwini Municipality. One third of the people living in this area are HIV positive, one of the highest HIV incidence in South Africa!
Since its inception, St Mary’s has catered primarily for the healthcare needs of the "poorest of the poor", living in rural and peri-urban areas. Most of the patients are not on medical aid and are financially unable to make more than a token payment, if anything at all.
The Promotion of Access to Information Act 2 of 2000 ("the Act") came into operation on 23 November 2001. Section 51 of this Act requires that we as a private body compile a manual giving information to the public regarding the procedure to be followed in requesting information from us for the purpose of exercising or protecting rights.
We as a private body have compiled this manual, not only to comply with the provisions of the Act, but also to foster a culture of transparency and accountability in our environment and to ensure that members of the public have effective access to information in our possession which will assist them in the exercise and protection of their rights.
2.Contact particulars
Head of business:Dr D P Ross
Postal address:Private Bag X16Physical address:1 Hospital Road
In accordance with Section 10 of the Act, the South African Human Rights Commission (SAHRC) has published a Guide containing information reasonably required by a person wishing to exercise or protect any right contemplated in terms of the Act. This Guide appears on the SAHRC's website and a copy may be obtained in all official languages, from:
The South African Human Rights Commission
Promotion of Access to Information Act Unit
Research and Documentation Department
Private Bag 2700
Houghton
2041
Telephone:(011) 887 - 3600
Fax:(011) 887 - 3601
Website:www.sahrc.org.za
Email:paia@sahrc.org.za
4.Facilitation of a request for access to information
Information which is not readily available as indicated in this manual, may be requested in accordance with the procedure prescribed in terms of the Act. Copies of the prescribed forms to be completed for submitting a request, are available from St Mary's Catholic Mission Hospital Trust.
Section 51 Manual of St Mary's Catholic Mission Hospital Trust
(Registration number: IT2376/1995/PMB)
5.Information available in terms of other legislation
St Mary's Catholic Mission Hospital Trust is governed by numerous Acts. Some of these place strict obligations on the Hospital to protect certain categories of information as being private and confidential. In addition, registered health and nursing professionals are bound by ethical rules applicable to their professions to protect certain categories of information as being private and confidential.
Information is available in terms of certain provisions of the following legislation:
5.1Basic Conditions of Employment Act 75 of 1997
5.2Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
5.3Consumer Protection Act 68 of 2008
5.4Electronic Communications and Transactions Act 25 of 2002
5.5Health Professions Act 56 of 1974
5.6Income Tax Act 58 of 1962
5.7Medical Schemes Act 131 of 1998
5.8Medicines and Related Substances Control Act 101 of 1965
5.9National Credit Act 34 of 2005
5.10Nonprofit Organisations Act 71 of 1997
5.11Nursing Act 33 of 2005
5.12Occupational Health and Safety Act 85 of 1993
5.13Promotion of Access to Information Act 2 of 2000
5.14Skills Development Levies Act 9 of 1999
5.15Skills Development Act 97 of 1998
5.16Trust Property Control Act 57 of 1988
5.17Unemployment Contributions Act 4 of 2002
5.18Unemployment Insurance Act 63 of 2001
5.19Value Added Tax Act 89 of 1991
5.20The National Health Act 61 of 2003
Section 14 of the National Health Act 61 of 2003, states that all information concerning a patient, including information relating to their health status, treatment or stay in the Hospital, is confidential and no person may disclose such information unless:
- the patient consents to that disclosure in writing
- a court order or law requires that disclosure, or
- non-disclosure represents a serious threat to public health.
5.21The Childrens' Act 38 of 2005
Certain categories of minors as defined in the Childrens' Act 38 of 2005 are under specified circumstances entitled to medical and personal privacy. Accordingly such information may be subject to restrictions even if access is requested by a parent or legal guardian.
The above list is not exhaustive.
6.Information automatically available
The following categories of records are automatically available for inspection, purchase or photocopying:
6.6Administrative forms pertaining to admissions and discharges
6.7Rules and conditions pertaining to admission and discharges
6.8Billing matrix
Section 51 Manual of St Mary's Catholic Mission Hospital Trust
(Registration number: IT2376/1995/PMB)
7.Information available in terms of The Act
The subjects on which the business holds records and the categories on each subject are as listed below. Please note that a requestor is not automatically allowed access to these records and that access to them may or must be refused in accordance with sections 62 to 69 of The Act.
7.1Accounting records
7.1.1Annual financial statements and working papers
7.1.5Customer and supplier statements and invoices
7.1.6Deposit slips
7.1.7Cash books and petty cash books
7.1.8Fixed asset register
7.1.9Tax returns and assessments
7.1.10VAT returns
7.1.11Lease or instalment sale agreements
7.1.12Budgets and business plans
7.1.13Insurance records
7.1.14Auditor's reports
7.1.15Internal auditors' reports
7.1.16Inventory records (including stock take)
7.1.17Systems documentation
7.1.18Management reviews
7.1.19Capital expenditure
7.1.20Credit agreements
7.2Auditors
7.2.1Working papers
7.2.2Correspondence
7.2.3Internal audit programs
7.2.4Internal audit reports
7.2.5External audit reports
7.2.6Management reviews of audit reports
7.3Health and Safety
7.3.1Register, record of earnings, time worked, payment and particulars of all employees
7.3.2Health and safety committee's records of each recommendation affecting the health of employees and reports made to the inspector
7.3.3Emergency response plans
7.3.4Public health emergency action plans
7.3.5Permits, licenses, approvals and registrations for operations of sites and business
7.3.6Records of incidents reported at work
7.3.7Safety management systems, data and audits
7.3.8Infection control contracts
7.3.9Planned job health and safety observations
Section 51 Manual of St Mary's Catholic Mission Hospital Trust
(Registration number: IT2376/1995/PMB)
7.4Information Technology
7.4.1Agreements
7.4.2Client database
7.4.3Disaster recovery processes and procedures
7.4.4Hardware
7.4.5Internet
7.4.6Licenses
7.4.7Systems support, programming and development
7.4.8LAN Installations
7.4.9Operating systems
7.4.10Software packages
7.4.11Telephone exchange equipment
7.4.12Telephone lines, leased lines and data lines
7.5Insurance
7.5.1Claim records
7.5.2Insurance policies
- Assets
- Business all risks
- Public liability
- Trustees' and officers' liability insurance
7.6Legal, Agreements and Contracts
7.6.1Agreements with suppliers
7.6.2Agreements with customers
7.6.3Agreements with governmental agencies
7.6.4Complaints, pleadings, briefs and other documents pertaining to actual, pending or threatened litigation, arbitration or investigation
7.6.5Material agreements relating to provision of services or materials
7.6.6Material licenses, permits and authorisations
7.6.7Contracts, including lease agreements and finance agreements
7.7Personnel Records
7.7.1Arbitration awards
7.7.2Attendance register
7.7.3Disciplinary records
7.7.4Employee evaluation and performance records
7.7.5Employee information records
7.7.6Employee loans
7.7.7Employment contracts
7.7.8Employment equity plan
7.7.9Group life
7.7.10Health and safety records
7.7.11IRP 5 and IT 3 certificates
7.7.12Letters of appointment
7.7.13Leave applications
7.7.14Medical aid records
7.7.15Organisational design
7.7.16Payroll
Section 51 Manual of St Mary's Catholic Mission Hospital Trust
(Registration number: IT2376/1995/PMB)
7.7Personnel Records (continued)
7.7.17Personnel files
7.7.18Policies and procedures
7.7.19Provident fund information
7.7.20Training and development
7.7.21UIF, PAYE and SDL returns
7.7.22Workmen's Compensation documents
7.7.23Proof of current paid up professional indemnity insurance for clinical professions
7.8Sales and Marketing
7.8.1Brochures, newsletters and marketing material
7.8.2Public relations policies and procedures
7.8.3Database of donors
7.8.4Records of funding proposals
7.8.5Records of bequests
7.9Statutory Business Records
7.9.1Trust Deeds
7.9.2Minutes of Trustees' meetings
7.9.3Annual report to the Department of Social Welfare & Development
7.9.4Statutory health reports
7.10Tax
7.10.1Income tax returns
7.10.2Provisional tax returns
7.10.3Tax assessments
7.10.4Documents relating to objections and appeals
7.10.5Records relating to taxable gain or assessed capital loss
7.10.6VAT documents
7.10.7Documentary proof substantiating the zero rating of supplies
7.10.8Section 18A certificates
7.11Other Records
7.11.1Patient records
Section 51 Manual of St Mary's Catholic Mission Hospital Trust
(Registration number: IT2376/1995/PMB)
8.Requesting procedures
Any person wishing to access any of the above categories of information or records, must complete the necessary request Form C. These forms are available from:
· the information officer at the offices of St Mary's Catholic Mission Hospital Trust;
·the Department of Justice and Constitutional Development website - www.doj.gov.za.
The completed request form must be sent to the address or fax number provided in this manual, and marked for the attention of the Information Officer.
There is a prescribed fee (payable in advance) for requesting and accessing information in terms of the Act. Details of these fees are contained in the request form.
A requestor may also be called on to pay the addtional fees prescribed by regulation for searching for and compiling the information requested, including copying charges.
It is important to note that access is not automatic. The requestor must identify the right they are seeking to exercise or protect and explain why the record requested is required for the exercise or protection of that right.
9.Availability of the Manual
Copies of this manual are available for inspection, free of charge, at the offices of St Mary's Catholic Mission Hospital Trust, from the South African Human Rights Commission and at www.stmarys.co.za.