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Sections 15 & 16 Reference Book
31st May 2006
Contents
Part 2 - Our Role and Structure
Preface
(Detailing - Background, Purpose of this Reference Book, How
to use this Reference Book, Availability of this Book)
Background
This is The Drug Treatment Centre Boards FOI Sections 15 and 16 Reference
Book – A Guide to the functions, records, rules and practices of
The Drug Treatment Centre Board, 31 st May 2006 is compiled in accordance
with the Freedom of Information Acts 1997, as amended by the Freedom
of Information Act 2003. All references in this manual to the Freedom
of Information Act or Acts refer to the 1997 Act as amended by the 2003
Act.
The Freedom of Information (FOI) Acts, effective from 21st April 1998,
establish three new statutory rights:
- a legal right for each person to access information held by public
bodies;
- a legal right for each person to have official information relating
to him/herself amended where it is incomplete, incorrect or misleading;
and
- a legal right to obtain reasons for decisions affecting oneself.
The Acts assert the right of members of the public to obtain access
to official information to the greatest extent possible consistent with
the public interest and the right to privacy of individuals.
Purpose of Reference Book
This reference book has been prepared and published in accordance with
the requirements of Sections 15 and 16 of the FOI Acts.
In accordance with Section 15 of the Act, the purpose
of this reference book is to facilitate access to official information
held by The Drug Treatment Centre Board, by outlining the structure and
functions of this organisation, details of the services we provide and
how they may be availed of, information on the classes of records we
hold, and information on how to make a request to the Department under
the Freedom of Information Acts, 1997 and 2003.
Section 16 of the FOI Act requires us to publish a
book containing:
- the rules, procedures, practices, guidelines and interpretations
used by the body, and an index of any precedents kept, for the purposes
of decisions under any enactment or scheme administered by us ‘with
respect to rights, privileges, benefits, obligations, penalties or
other sanctions to which members of the public are or may be entitled
or subject under the enactment or scheme’ together with
- ‘appropriate information in relation to the manner or intended
manner of administration of any such enactment or scheme.’
How to use this Reference Book
This book is divided into a number of parts.
Part 1 of the Book - Access to Information -
explains how to access information from us under FOI and any fees that
may arise.
Part 2 of the Book- the “Our Role and
Structure” - outlines the role of The Drug Treatment
Centre Board and its organisational structure. This part gives a breakdown
of our internal structure and organisation. Information is provided
under the following headings:
- Role – outlines the main work we do.
- Structure – gives details of our structure.
- Work we do – provides a synopsis of our main
activities.
- Classes of records held – details records
we hold.
- Contact points– how to contact us for assistance.
- Rules and Practices – this information is
provided in accordance with Section 16 of the FOI Act as amended. Where
we provide any scheme impacting on the public within the meaning of
Section 16 of the Act, as outlined under the heading Purpose of Reference
Book earlier, then the rules and practices that we use in delivery
of this scheme are outlined or referenced under the Rules and Practices
heading.
Appendices
- Appendix 1 –FOI application form to
request access to records under the Act from The Drug Treatment Centre
Board.
Availability of this Book
Copies of this publication are available free of charge from:-
Freedom of Information Section,
The Drug Treatment Centre Board,
Trinity Court,
30-31 Pearse Street,
Dublin 2.
Telephone: 01-6488 600
Fax: 01-6488
700
Part 1 - Access to Information
How to get information
Routinely Available Information
Our website www.addictionireland.ie can provide the following information:-
- General Information about the Drug Treatment Centre Board
- Services Provided
- Research & Training
- News (e.g. press releases)
- Research
- Information on Events & Seminars
- Publications (including Annual Reports)
- Frequently Asked Questions (Drugs)
- Careers with the Drug Treatment Centre Board
Applications under the FOI Act
Under the FOI Act, anyone is entitled to apply for access to information
not otherwise publicly available. Each person has a right to:
- Access to records held by us not covered by one of the exemptions
in the Act.
- Correction of personal information relating to oneself held by us
where it is inaccurate, incomplete or misleading.
- Access to reasons for decisions made by us directly affecting oneself.
The following records come within the scope of the Act:
- All records relating to personal information held by us irrespective
of when created.
- All other records created from commencement date of the Act i.e. 21st
April 1998.
- Any other records necessary to the understanding of a current record.
- Personnel records of serving staff created from 21st April 1995 and
those created prior to that date where they are being used or proposed
to be used in a way which adversely affects or may affect the person
involved.
We will normally be obliged to respond to a request within 4 weeks.
A week is defined in the Act to mean 5 consecutive weekdays, excluding
Saturdays and public holidays (Sundays are also excluded, as they are
not week days).
Exempt Records
Part III of the Act specifies categories of records that are
exempt. The following are only some exemptions and relate to:
- Key areas of government activity
- Functions and negotiations of public bodies
- Parliamentary and court matters
- Law enforcement, public safety, defences, security etc.
Applications under the FOI Act should be addressed to:
Ms Fionnuala Rafferty,
Freedom
of Information Section,
The
Drug Treatment Centre Board,
Trinity Court,
30-31
Pearse Street,
Dublin 2.
Compiling
your application
(i) Your application should be in writing and, if applicable,
accompanied by the appropriate fee (see "fees" below). The
relevant fee should be paid by Bank Draft, Money Order, Postal Order
or cheque drawn on a bank in the Republic of Ireland, made payable to
The Drug Treatment Centre Board.
You may use the form entitled ‘Request for Information under the
Freedom of Information Acts’ which is widely available or OUR version
of this form (see Appendix 1). This form is also available from our website www.addictionireland.ie.
If you are not using the form outlined above, then your application
should indicate that the information is sought under the Freedom of Information
Act.
(ii) If you require a reply in a particular format i.e.
photocopy, computer disk, etc. please mention this in your application.
(iii) Please be as detailed and as specific as possible
when compiling your application as this will assist us in dealing with
it. It can also result in lesser charges being incurred on search and
retrieval in cases where these fall to be paid. Where possible please
try to indicate the time period for which you wish to access records
e.g. records created between May 2003 and December 2003. If you have
any difficulty in preparing your application our staff will be happy
to assist you in this regard.
(iv) You may be required to prove your identity, especially
when seeking personal information, so you may, therefore, be asked to
produce your Birth Certificate, Driving Licence, Passport or other form
of identity.
(v) Please include a daytime telephone number, if possible,
so that you may be contacted quickly if it is necessary to clarify details
of your request.
We are happy to provide assistance to members of the public who seek
advice on making a request.
Assistance
to persons with a disability
We are available to provide assistance to persons with a disability
to exercise their rights under the FOI Act (e.g. accepting oral requests
from requesters who are unable to read, print and/or write due to their
disability, enabling the requester to inspect or have records explained
to him or her).
FOI
Decision Making in The Drug Treatment Centre Board
Decisions are made at Grade 8 level (equivalent and above) and Internal
Appeals are made to the General Manager.
We acknowledge receipt of FOI applications not later than 2 weeks following
their receipt. Clarification may be sought by the FOI section and/or
the decision maker directly with the applicant. The Decision Maker will
then make a decision on the matter.
Rights
of Review and Appeal
The Act sets out a series of exemptions to protect sensitive information
where its disclosure may damage key interests of the State or of third
parties. Where a Public Body invokes these provisions to withhold information,
the decision may be appealed. Decisions in relation to deferral of access,
charges, forms of access, etc. may also be the subject of appeal. Details
of the appeals mechanisms are as follows:
Internal
Review
You may seek internal review of the initial decision which will be carried
out by the General Manager if:
(a) you are dissatisfied with the initial response received
i.e. refusal of information, form of access, charges, etc., or
(b) you have not received a reply within 4 weeks of your
initial application. This is deemed to be a refusal of your request and
allows you to proceed to internal review.
Requests for internal review should be submitted in writing and, if
applicable, accompanied by the appropriate fee, (see under Fees) to:
General Manager,
The Drug Treatment Centre
Board,
Trinity Court,
30-31
Pearse Street,
Dublin 2.
The relevant fee should be paid by Bank Draft, Money Order, Postal Order
or cheque drawn on a bank in the Republic of Ireland, made payable to
The Drug Treatment Centre Board.
Such a request for internal review must be submitted within 4 weeks
of the initial decision. We must complete the review within 3 weeks.
Internal review must normally be completed before an appeal may be made
to the Office of the Information Commissioner.
Review by the Information Commissioner
Following completion of internal review, you may seek independent review
of the decision from the Information Commissioner. Also if you have not
received a reply to your application for internal review within 3 weeks,
this is deemed to be a refusal and you may appeal the matter to the Information
Commissioner.
Appeals in writing, and, if applicable, accompanied by the appropriate
fee, (see under Fees below) may be made directly to the Information Commissioner
at the following address:
Office of the Information Commissioner
18 Lower
Leeson Street,
Dublin 2
Telephone: 01-6395689
Fax: 01-6395676
E-mail: info@oic.ie
Website: http://www.oic.ie
Fees
Application fees
A standard application fee of €15 must accompany
an FOI request made under section 7 of the Act for a record or records containing
non-personal information.
A reduced fee of €10 applies if the person making
such a request is covered by a medical card.
The following requests/applications are exempt from application fees:
(a) A request under section 7 for a record or records containing only
personal information related to the requester.
(b) An application under section 17 (right of amendment of records relating
to personal information).
(c) An application under section 18 (right of person to information
regarding acts of pubic bodies affecting the person).
Internal review fees
A standard application fee of €75 must accompany
an application for internal review under section 14 of the Act.
A reduced fee of €25 applies if the person bringing
the application is a medical card holder or a dependant of a medical
card holder.
The following internal review applications are exempt:
(a) An application in relation to a decision concerning records containing
only personal information related to the applicant.
(b) An application in relation a decision under section 17 (right of
amendment of records relating to personal information).
(c) An application in relation to a decision under section 18 (right
of person to information regarding acts of public bodies affecting the
person).
(d) An application in relation to a decision to charge a fee or deposit,
or a fee or deposit of a particular amount.
(e) An appeal of a decision which is deemed to be refused because the
original request was not replied to within the required time limits.
Review by Information Commissioner
A standard application fee of €150 must accompany
applications to the Information Commissioner for review of decisions
made by public bodies under section 34 of the Act.
A reduced fee of €50 applies if
(a) the person bringing the application is a medical card
holder or a dependant of a medical card holder or
(b) the person is specified in section 29(2) i.e. a third
party with the right to apply directly to the Information Commissioner
where a public body decides to release their information on public interest
grounds.
The following applications to the Information Commissioner do not require
an application fee:
(a) An application concerning records containing only personal information
related to the applicant.
(b) An application in relation a decision under section 17 (right of
amendment of records relating to personal information).
(c) An application in relation to a decision under section 18 (right
of person to information regarding acts of pubic bodies affecting the
person).
(d) An application in relation to a decision to charge a fee or deposit
exceeding €25.00 under section 47 in respect of search and retrieval
and photocopying of records (decisions in relation to the charging of
fees or deposits for search and retrieval and/or photocopying of less
than €25 are not subject to review by the Information Commissioner).
(d) An application in relation to a decision to charge a fee under section
47(6A), or a fee of a particular amount under section 47(6A), on the
grounds that the records concerned do not contain only personal information
related to the requester or the requester is not a medical card holder
or a dependant of a medical card holder.
(e) An appeal of an internal review decision which is deemed to be refused
because that decision was not made within the required time limits.
Search and Retrieval and photocopying fees
Fees may also be charged for search and retrieval of records as follows:
- In respect of personal records, fees in respect of the cost of copying
the records requested will apply.
- In respect of other (non-personal) information, fees may be charged
in respect of the time spent in efficiently locating and copying records,
based on a standard hourly rate of €20.95. No charges shall apply
in respect of the time spent by public bodies in considering requests.
A deposit may be payable where the total fee is likely to exceed €50.79.
In these circumstances, we will, if requested, assist the member of the
public to amend the request so as to reduce or eliminate the amount of
the deposit.
Charges may be waived in the following circumstances:
- where the cost of collecting and accounting for the fee would exceed
the amount of the fee; or
- where the information would be of particular assistance to the understanding
of an issue of national importance; or
- in the case of personal information, where such charges would not
be reasonable having regard to the means of the requester.
Section 47 of the FOI Act sets out the rules for applying search and
retrieval fees. Fees are currently set as follows in accordance with
Statutory Instruments Nos. 264 of 2003, 139 of 1998 and 13 of 1997:
- €20.95 per hour - search and retrieval
- €0.04 per sheet for a photocopy
- €0.51 for a 3½ inch computer diskette
- €10.16 for a CD-ROM
- €6.35 for a Radiograph (X-Ray)
Part 2 – Our Role and Structure
Our Mission Statement
The mission of The Drug Treatment Centre Board is:
To provide an integrated, person centred, specialist addiction
service, supported by best practice and national leadership in academic
excellence.
Our Vision Statement
The vision of The Drug Treatment Centre Board is:
As the largest and longest established Addiction Treatment
(Day) Centre in the country, our aim is to continue providing a broad
range of specialist treatments for a variety of drug using populations
and those requiring psychiatric, psychological, social and medical
interventions. We also aim to:
- Continue improving and developing the services we offer in the treatment
of substance misuse
- Contribute to drug treatment policy and
- Act as a key resource and training centre for professionals working
in the area of substance misuse.
Our
Policy on Confidentiality
We undertake to treat as confidential any information provided in confidence
by individuals or others, subject to our obligations under law, including
the Freedom of Information Act. If, for any reason, you wish that information
provided to us should not be disclosed because of its sensitive nature,
then you must, when supplying the information, make clear this wish and
specify the reasons for the information’s sensitivity. We will
consult with you before making a decision on any Freedom of Information request
received involving sensitive information which you may have supplied.
Information
on our Structure and Organisation
S.I. No. 76/1988: THE DRUG TREATMENT CENTRE BOARD (ESTABLISHMENT) ORDER,
1988.
S.I. No. 222/1991: THE DRUG TREATMENT CENTRE BOARD (ESTABLISHMENT) ORDER,
1988 (AMENDMENT) ORDER, 1991.
S.I. No. 296/1992: THE DRUG TREATMENT CENTRE BOARD (ESTABLISHMENT) ORDER,
1988 (AMENDMENT) ORDER, 1992.
Role
THE DRUG TREATMENT CENTRE BOARD (ESTABLISHMENT) ORDER, 1988 (AMENDMENT)
ORDER, 1992.
The Minister for Health, in exercise of the powers conferred on him
by sections 3 to 6 of the Health
(Corporate Bodies) Act, 1961 (No. 27 of 1961) hereby orders as follows:—
- This Order may be cited as the Drug Treatment Centre Board (Establishment)
Order, 1988 (Amendment) Order, 1992.
- 2. The Drug Treatment Centre Board (Establishment) Order 1988 (S.I.
No. 76 of 1988) is hereby amended—
( a ) by the substitution for Article
4 of the following Article:
The functions of the Board are as follows:—
( a ) to organise and administer at the
Centre such out-patient drug treatment service as may from time
to time be approved by the Minister; |
( b ) to organise and administer at the
Centre a toxicology laboratory service including the processing
of blood samples, liver function tests and urine analyses; |
( c ) to refer patients who attend the
Centre for appropriate in-patient treatment when necessary; |
( d ) to provide an ante-natal and post-natal
service for female drug abusers; |
( e ) to communicate, co-operate and co-ordinate
with other bodies in promoting the prevention of drug abuse; |
( f ) to communicate, co-operate and co-ordinate
with other bodies providing services for drug abusers; |
( g ) to provide a counselling and advisory
service for those who attend the Centre; |
( h ) to organise and administer a counselling
and advisory service for former patients of the Centre; |
( i ) to organise and provide or to arrange
for the provision of relevant occupational rehabilitation programmes
for drug misusers in association with the relevant statutory agencies; |
( j ) to provide and organise training
programmes for personnel involved in the treatment of drug misusers
in association with the appropriate statutory and non-statutory
agencies; |
( k ) to provide advice, information and
guidance to personnel involved in the treatment and/or care of
drug misusers; |
( l ) to make any necessary provision for
publicity in relation to the Centre; |
( m ) to make such charges as the Board
thinks fit for the services provided and, where the Minister gives
any direction in relation to such charges, to comply with such
direction; |
( n ) to furnish advice, information and
assistance in relation to its services to the Minister. |
(2) In the discharge of its functions, the Board shall have regard to
such general aims and objectives as the Minister may from time to time
determine and convey to the Board
Structure
"5 (1) The Board shall consist of ten members
appointed by the Minister of whom:— |
( a ) three shall be nominated by the Charitable
Infirmary Charitable Trust, |
( b ) one shall be nominated by the regional
Health Boards, other than the Eastern Health Board, |
( c ) one shall be nominated by the Eastern
Health Board, |
( d ) three shall be nominated by the Minister
for Health, |
( e ) one shall be nominated by the IrishCollege of
General Practitioners, and |
(f) one shall be nominated to represent the statutory
training and occupational rehabilitation services. |
(3) On nominating a person to be a member pursuant
to sub-article (1) of this article the Minister shall make one
of the nominations therein referred to, to represent the voluntary
agencies involved in the treatment of drug misusers. |
(4) The Minister shall appoint one of the members
of the Board to be Chairman of the Board.". |
Classes of records held
- Client Files
- Human Resources Files
- Financial Files
- Administration Files
Contact points
The Drug Treatment Centre Board,
Trinity Court,
30-31 Pearse Street,
Dublin 2.
Telephone: 01-6488600
Fax: 01-6488700
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