PAIA Manual

WINDACADEMY PAIA MANUAL

Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”), as amended

Date of compilation: 14/03/2022

 

1. INTRODUCTION TO WIND ACADEMY

As a 51% black female-owned entity, Wind Academy demonstrates commitment to empowering all sectors of our economy. Wind Academy is a collective of highly educated and experienced consultants, facilitators, trainers, and engineers with extensive knowledge in the renewable energy industry sector. We are passionate about climate goals and through living a culture of excellence we deliver learning experiences that leave both the student and the planet in a better place. The team at Wind Academy thrives on uplifting learners with unique learning experiences where they can grow on both a personal and professional level, and we make sure we have fun while doing so.

We have two training venues in the Helderberg area with the capacity to educate, train, and develop from four to 100 learners at a time. We have an authentic approach to address the needs of our clients and learners through customising our skills development programmes.

This manual has been compiled in accordance with applicable legislation to assist members of the public with obtaining access to certain information held by Wind Academy. This manual should be read in conjunction with Wind Academy’s Privacy Policy which is available on our website.

 

2. PURPOSE OF THIS MANUAL

This PAIA Manual is useful for the public to-

2.1          check the categories of records held by Wind Academy which are available without a person having to submit a formal PAIA request;

2.2          have a sufficient understanding of how to make a request for access to a record of Wind Academy, by providing a description of the subjects on which Wind Academy holds records and the categories of records held on each subject;

2.3          know the description of the records of Wind Academy which are available in accordance with any other legislation;

2.4          access  all  the  relevant  contact  details  of  the  Information  Officer (“IO”) who will assist the public with the records they intend to access;

2.5          know the description of the guide on how to use PAIA, as updated by the Information Regulator (“Regulator”) and how to obtain access to it;

2.6          know if Wind Academy will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;

2.7          know the description of the categories of data subjects and of the information or categories of information relating thereto;

2.8          know the recipients or categories of recipients to whom the personal information may be supplied;

2.9          know if Wind Academy has planned to transfer or process personal information outside the Republic of South Africa; and

2.10        know whether Wind Academy has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

 

3. CONTACT DETAILS FOR ACCESS TO INFORMATION OF WIND ACADEMY

Information Officer

Name:                  Melandie van Heerden

Tel:                         021 300 4081

Email:                    m.vanheerden@windacademy.co.za

 

4. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

4.1         The Regulator has, in terms of section 10(1) of PAIA, updated and made available a guide on how to use PAIA (“Guide”) in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and/or the Protection of Personal Information Act No. 4 of 2013 (“POPIA”).

4.2          The Guide contains:

4.2.1      the objects of PAIA and POPIA;

4.2.2      the postal and street address, phone and fax number and, if available, electronic mail address of:

4.2.2.1   the IO of every public body; and

4.2.2.2   every Deputy IO of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;

4.2.3      the manner and form of a request for:

4.2.3.1   access to a record of a public body contemplated in section 11 of PAIA; and

4.2.3.2   access to a record of a private body contemplated in section 50 of PAIA;

4.2.4      the assistance available from the IO of a public body in terms of PAIA and POPIA;

4.2.5      the assistance available from the Regulator in terms of PAIA and POPIA;

4.2.6      all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and/or POPIA, including the manner of lodging:

4.2.6.1   an internal appeal;

4.2.6.2   a complaint to the Regulator; and

4.2.6.3  an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;

4.2.7      the provisions of sections 14 and 51 of PAIA requiring a public body and private body respectively, to compile a manual, and how to obtain access to a manual;

4.2.8      the provisions of sections 15 and 52 of PAIA providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

4.2.9      the notices issued in terms of sections 22 and 54 of PAIA regarding fees to be paid in relation to requests for access; and

4.2.10    the regulations made in terms of section 92 of PAIA.

4.3         Members of the public can inspect or make copies of the Guide from the office of the Regulator, during normal working hours.

 

5. LEGISLATION, AS AMENDED FROM TIME TO TIME, IN TERMS OF WHICH WIND ACADEMY KEEPS RECORDS

5.1         Adult Basic Education and Training Act

5.2         Basic Conditions of Employment Act

5.3         Broad Based Black Economic Empowerment Act

5.4         Companies Act

5.5         Compensation for Occupational Injuries and Diseases Act

5.6         Competition Act

5.7         Constitution of the Republic of South Africa

5.8         Consumer Protection Act

5.9         Currency and Exchange Act

5.10       Electronic Communications and Transactions Act

5.11       Employment Equity Act

5.12       Employment of Educators Act

5.13       Further Education and Training Colleges Act

5.14       General and Further Education and Training Quality Assurance Act

5.15       Higher Education Act

5.16       Income Tax Act

  • Labour Relations Act
  • National Credit Act
  • National Education Policy Act
  • National Qualifications Framework Act
  • National Road Traffic Act
  • Occupational Health and Safety Act
  • Prescribed Rate of Interest Act
  • Prescriptions Act
  • Prevention and Combatting of Corrupt Activities Act
  • Prevention of Organised Crime Act
  • Promotion of Access to Information Act
  • Promotion of Administrative Justice Act
  • Promotion of Equality and Prevention of Unfair Discrimination Act
  • Protected Disclosure Act
  • Public Finance Management Act
  • Regulation of Interception of Communications and Provision of Communication Related Information Act
  • Skills Development Act
  • Skills Development Levies Act
  • South African Qualifications Authority Act
  • Unemployment Insurance Act
  • Unemployment Insurance Contributions Act
  • Value Added Tax Act

 

6. CATEGORIES OF RECORDS OF WIND ACADEMY WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS

These are mostly records that may be available on Wind Academy’s website and/or which a person may download or request telephonically or by sending an email to Wind Academy.

Categories of records include, but are not limited to: Types of records include, but are not limited to: Available on website Available on request
Broad-Based Black Economic Empowerment

(“B-BBEE”)

Scorecard/Certificate/Affidavit X
PAIA PAIA Manual X  
POPIA Privacy Policy X
Company Policies Company Vision and Mission X
Training courses South African Qualifications Authority (“SAQA”) IDs

National Qualification Framework (“NQF”) levels

Course credits

Fact sheets

Course outlines

X

 

 

7. CATEGORIES OF RECORDS OF WIND ACADEMY WHICH ARE SUBJECT TO REQUEST FOR ACCESS

Access to the following records, in respect of which Wind Academy retains the sole discretion, must be requested using Form C (attached):

Categories of records include, but are not limited to: Records include, but are not limited to:
Agreements Non-Disclosure Agreements

Service Level Agreements

Service Provider Agreements

B-BBEE Applicable and required verification documentation
Client records Training Agreements

Service Level Agreements

Company records Incorporation documents

Resolutions and minutes of meetings

Statutory registers

Financial records Annual Financial Statements

Accounting records

Bank statements

Fixed Asset Register

Invoices

Credit notes

Account statements

Payroll

Health, Safety, Quality, and Environment Emergency response plans

Environmental management policy

Incident registers

Standard Safe Operating Procedures

Risk Assessments and Method Statements

Quality Management System documentation

Human Resources Employee details

Organisational organogram

Employment contracts

Employment Equity Plans and Reports

Job Descriptions

Leave records

Disciplinary records

Policies and Procedures

Salary records

Code of Conduct

Insurance Insurance policies

Claims

Learner records Logbooks

Assessments

Certificates of competency

Attendance registers

Manuals

Learner Management System records

Bursary records

Legal Litigation
Sector Education Training Authority (“SETA”) records Accreditation documentation

Audit outcomes

Supplier records Service Level Agreements

Terms and conditions

Credit applications

Tax records PAYE records

VAT records

SDL records

Tax Compliance Certificate

UIF records

Workmen’s Compensation records

Training records Accredited courses

Statistics

Facilitators’ details

Assessors’ details

Training Agreements

Training material

SAQA documentation

Quality Council for Trades and Occupations (“QCTO”) documentation

SETA documentation

 

8. PROCESSING OF PERSONAL INFORMATION

Wind Academy may be required to process personal information as envisaged by POPIA, in which event Wind Academy will adhere to its Privacy Policy.

Please note that the terms used in this paragraph 8 carry the same meanings as stipulated in POPIA.

8.1          Purpose of Processing Personal Information

Some of the reasons Wind Academy might process personal information include, but are not limited to:

8.1.1      Consent has been given by the data subject(s);

8.1.2       Contractual or legal obligations;

8.1.3      To protect a legitimate interest of the data subject(s); and/or

8.1.4       To pursue a legitimate interest of Wind Academy.

The above reasons are expanded on in Wind Academy’s Privacy Policy.

8.2          Description of the categories of data subjects and of the information or categories of information relating thereto

Categories of data subjects include but are not limited to: Personal information that might be processed includes, but is not limited to:
Clients name, physical address, email address, registration number, unique identifiers, bank details, tax numbers, financial history, personal opinions, views or preferences, views or opinions of another individual, correspondence of a private of confidential nature
Employees, consultants, assessors, facilitators name, identity number, passport number, physical address, email address, postal address, qualifications, gender, race, age, telephone number, birth, pregnancy, wellbeing, education, marital status, disability, colour, nationality, origin, unique identifier, ethnicity, conscience, ethnic or social origin, physical or mental health, medical history, criminal history, financial history, employment history, location information, biometric information, personal opinions, views or preferences, views or opinions of another individual, correspondence of a private of confidential nature
Learners name, identity number, passport number, physical address, email address, postal address, qualifications, gender, race, age, telephone number, birth, pregnancy, wellbeing, education, marital status, disability, colour, nationality, origin, unique identifier, ethnicity, conscience, ethnic or social origin, physical or mental health, medical history, criminal history, financial history, employment history, location information, biometric information, personal opinions, views or preferences, views or opinions of another individual, correspondence of a private of confidential nature, assessments, internship details
Service providers and suppliers name, physical address, email address, registration number, vat number, trade secrets, bank details, financial history, personal opinions, views or preferences, views or opinions of another individual, correspondence of a private of confidential nature

8.3          The recipients or categories of recipients to whom the personal information may be supplied

Categories of personal information include but are not limited to: Recipients or categories of recipients to whom the personal information may be supplied include, but are not limited to:
Names and ID numbers South African Revenue Services

South African Police Services (police clearance applications, etc.)

Workmen’s Compensation Commissioner

Unemployment Insurance Fund

Department of Labour

Clients (for reporting purposes)

B-BBEE Verification Agencies

Race, gender, disability status, ethnicity, nationality Department of Labour

B-BBEE Verification Agencies

Financial history South African Police Services

South African Revenue Services

Training and qualifications Clients (to evidence competence)

SETAs

SAQA

QCTO

Medical history Workmen’s Compensation Commissioner

Client (i.e. data subjects’ employer)

Credit and payment history Credit bureaus

8.4          Planned transborder flows of personal information

Wind Academy may need to transfer personal information to service providers situated outside South Africa. In such cases, Wind Academy will always fully comply with applicable data protection legislation as well as with its Privacy Policy.

8.5          General description of Information Security Measures to be implemented by Wind Academy to ensure the confidentiality, integrity and availability of the information

Safeguards to be implemented or under implementation to ensure the confidentiality and integrity of personal information held by Wind Academy:

8.5.1      Logical and physical access control;

8.5.2      Data protection software, including multifactor authentication;

8.5.3      Secure setup of IT infrastructure; and

8.5.4      All additional security safeguards prescribed by QCTO, SAQA and the SETAs.

 

9. AVAILABILITY OF THE MANUAL

9.1          A copy of this Manual is available:

9.1.1      on Wind Academy’s website;

9.1.2      Wind Academy’s head office for public inspection during normal business hours; and

9.1.3      to any person upon request and upon the payment of a reasonable prescribed fee.

9.2          A fee for a copy of the Manual, as contemplated in annexure B of the regulations issued in accordance with section 112 of POPIA, will be payable per each A4-size photocopy made.

 

10. UPDATING OF THE MANUAL

Wind Academy will update this manual when required, and the updated version(s) will be made available accordingly.

Issued by

_______________________________

HJ Muller

Director

 

You can download the “Request for access to record” form by clicking the link below.

Download Form C – Request for access to record.

 

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