| (1) |
A request by an information officer for an assessment in terms of section 77H(1) of the Act must be submitted to the Information Regulator in writing on a form that corresponds substantially with Form 13 of Annexure A to the Regulations, together with substantiated reasons for the request. |
| (2) |
If the Information Regulator receives a request for an assessment in terms of subregulation (1) or on its own initiative decides, to make an assessment as contemplated in section 77H(1) of the Act, it must— |
| (a) |
inform the public or private body in writing on a form that corresponds substantially with Form 14 of Annexure A to the Regulations of the request for an assessment received, or of its decision to make an assessment on its own initiative; and |
| (b) |
request the public or private body to answer in writing, with substantiated reasons why an assessment is unnecessary, within the time specified by the Information Regulator. |
| (3) |
On receipt of an answer and substantiated reasons why an assessment is unnecessary, or after the date specified in the notice has expired, whether or not an answer and substantiated reasons were received, the Information Regulator must— |
| (a) |
decide whether an assessment will be conducted or not; and |
| (i) |
the public or private body; and |
| (ii) |
if a request for assessment was received, the person who requested an assessment, |
in writing on a form that corresponds substantially with Form 15 of Annexure A to the Regulations, whether or not, it has decided to conduct an assessment, within a reasonable time from the date that the decision was made.
| (a) |
period of assessment; and |
| (b) |
manner of assessment, |
will be determined by the Information Regulator on a case by case basis.
| (5) |
When making an assessment, the Information Regulator must take the following into account: |
| (a) |
The nature of the body in question; |
| (b) |
the services it provides to the public or a group of persons; |
| (c) |
the purpose of the information under assessment; |
| (d) |
the likely effect of non-compliance, or of future or continued non-compliance with the Act by the body concerned; |
| (e) |
whether such non-compliance has been committed before; |
| (f) |
whether the body was previously made aware of its earlier or current non-compliance; |
| (g) |
the steps taken by the body to comply with the Act; and |
| (h) |
the most effective solution in the public interest to remedy the non-compliance. |
| (6) |
On conclusion of the assessment, the Information Regulator must compile an assessment report, containing its detailed findings and recommendations, if any. |
| (7) |
If the Information Regulator has made a finding that the public or private body is not complying with the provisions of the Act, the Information Regulator must deal with the matter as if a complaint is lodged with it in terms of section 77A of the Act. |
| (8) |
The Information Regulator must notify— |
| (a) |
the public or private body; and |
| (b) |
the person who requested an assessment, if a request was received, |
of any decision made, or action taken, or view formed on a form that corresponds substantially with Form 16 of Annexure A to the Regulations, within a reasonable time from the date that the decision was made or action taken or view formed.
Medicines and Related Substances Act, 1965
