PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 Page 25 of 70 [NB: Sub-s. (9) has been substituted by s. 110 of the Protection of Personal Information Act 4 of 2013, a provision which will be put into operation by proclamation. See PENDLEX.] 30 Access to health or other records (1) If the information officer who grants, in terms of section 11, a request for access to a record provided by a health practitioner in his or her capacity as such about the physical or mental health, or well-being(a) of the requester; or (b) if the request has been made on behalf of the person to whom the record relates, of that person, (in this section, the requester and person referred to paragraphs (a) and (b), respectively, are referred to as the 'relevant person'), is of the opinion that the disclosure of the record to the relevant person might cause serious harm to his or her physical or mental health, or well-being, the information officer may, before giving access in terms of section 29, consult with a health practitioner who, subject to subsection (2), has been nominated by the relevant person. (2) If the relevant person is(a) under the age of 16 years, a person having parental responsibilities for the relevant person must make the nomination contemplated in subsection (1); or (b) incapable of managing his or her affairs, a person appointed by the court to manage those affairs must make that nomination. (3) (a) If, after being given access to the record concerned, the health practitioner consulted in terms of subsection (1) is of the opinion that the disclosure of the record to the relevant person would be likely to cause serious harm to his or her physical or mental health, or well-being, the information officer may only give access to the record if the requester proves to the satisfaction of the information officer that adequate provision is made for such counselling or arrangements as are reasonably practicable before, during or after the disclosure of the record to limit, alleviate or avoid such harm to the relevant person. (b) Before access to the record is so given to the requester, the person responsible for such counselling or arrangements must be given access to the record. 31 Language of access A requester whose request for access to a record of a public body has been granted must, if the record(a) exists in the language that the requester prefers, be given access in that language; or (b) does not exist in the language so preferred or the requester has no preference or has not indicated a preference, be given access in any language the record exists in. 32 Reports to Human Rights Commission The information officer of each public body must annually submit to the Human Rights Commission a report stating in relation to the public body(a) the number of requests for access received; (b) the number of requests for access granted in full; (c) the number of requests for access granted in terms of section 46; (d) the number of requests for access refused in full and refused partially and the number of times each provision of this Act was relied on to refuse access in full or partial; (e) the number of cases in which the periods stipulated in section 25 (1) http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&functio... 2016/12/02