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HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 3 Objects of Act  
  • 4 Dictionary  
  • 4A Notes  
  • 4B Offences against Act—application of Criminal Code etc  

PART 2--PRIVACY PROVISIONS

  • 5 The privacy principles  
  • 6 Compliance with privacy principles  
  • 7 Consent by consumer to obtaining health status report  

PART 3--ACCESS TO PERSONAL HEALTH INFORMATION

  • 8 Access otherwise than under pt 3  
  • 9 Pt 3 not to prevent alternative arrangements  
  • 10 Statement of principle regarding right of access  
  • 10A Statement of principle regarding right of access—children and young  
  • 11 Provision of health services and keeping of records—terms and  
  • 12 Requests for access  
  • 13 Response to request for access  
  • 13A Disclosure in accordance with consent  
  • 13B Giving access to health records—generally  
  • 13BA Giving access to health records—children and young people  
  • 13C How access to health record given  
  • 13D Access taken to have been refused  
  • 14 Grounds for nonproduction  
  • 14A No access to health record relating to Children and Young People Act complaint  
  • 15 No access to health record where risk to life or health of consumer or another  
  • 16 Refusal for risk to life or health of consumer—offer by record  
  • 16A Refusal for risk to life or health of consumer—nomination by  
  • 16B Record keeper to give nominated health service provider health  
  • 16C Functions of nominated health service provider  
  • 16D Unsuitable consumer-nominated health service provider  
  • 17 No access to health record where material given in confidence  

PART 4--COMPLAINTS

  • 18 Grounds for complaint  

PART 5--OFFENCES

  • 20 Unlawfully requiring consent etc  
  • 21 Destroying etc health records and related material  
  • 22 Unlawfully requesting or obtaining access to health records  
  • 23 People not to be unlawfully penalised  
  • 24 Acts and omissions of representatives  

PART 6--MISCELLANEOUS

  • 25 Children and young people  
  • 26 Legally incompetent persons  
  • 27 Deceased consumers  
  • 29 Defect or invalidity—protection if person acts in good faith  
  • 30 Unqualified record keeper to obtain and act on expert advice  
  • 31 Jurisdiction of Magistrates Court  
  • 32 Appeals  
  • 33 Court orders under other laws  
  • 34 Determination of fees  
  • 36 Regulation-making power  
  • 37 Saving  

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