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National Health Act, 2003 (Act No. 61 of 2003)

Regulations

Procedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the Ombud

Chapter 7 : Complaints Handling and Investigation

50. Confidentiality of information

 

(1) Information obtained by the Ombud or persons designated in terms of section 81(3)(c) of the Act in the course of or for the purposes of an investigation may not be disclosed to any third party, except for the purposes of the investigation and any report to be made in respect thereof.

 

(2) A health establishment may, by written notice explaining why the information is confidential, claim any information to be confidential.

 

(3) The Ombud must, within 10 working days of receipt of the notice referred to in sub-regulation (2), determine whether or not the information is confidential, and if the Ombud finds that the information is confidential, make any appropriate order concerning access to that information.

 

(4) The health establishment may, within 10 working days of the determination of the Ombud in terms of sub-regulation (3), lodge an appeal against such determination or an order contemplated in sub-regulation (3), to the Minister in terms of section 88A of the Act.