HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 10 Statement of principle regarding right of access

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 10

    (1)     A consumer has a right of access, in accordance with this Act, to a health record that is—

        (a)     a health record held by a health service provider; or

        (b)     to the extent that it contains personal health information relating to the consumer, any other health record;

as follows:

        (c)     to the extent that the record contains factual matters, whenever the record was made;

        (d)     to the extent that the record contains matters of opinion, if the record was created on or after the date of commencement of this Act.

    (2)     Subsection (1) does not apply—

        (a)     in relation to a health record to the extent that access to the record would contravene—

              (i)     a law of the Territory; or

              (ii)     a law of the Commonwealth; or

              (iii)     an order of a court of competent jurisdiction; or

        (b)     to the extent that any of the following provisions has a contrary application:

              (i)     section 14 (Grounds for nonproduction);

              (ii)     section 14A (No access to health record relating to Children and Young People Act complaint etc);

              (iii)     section 15 (No access to health record where risk to life or health of consumer or another person);

              (iv)     section 17 (No access to health record where material given in confidence).

    (3)     A right of access may be exercised in any of the following ways:

        (a)     by inspecting the health record or, if the health record is stored in electronic form, a print-out of the health record, and having the opportunity to take notes of its contents;

        (b)     by receiving a copy of the health record;

        (c)     by viewing the health record, and having its content explained by—

              (i)     if the relevant record keeper is a suitably qualified health service provider, and is willing to do so—the record keeper; or

              (ii)     in any other case—a suitably qualified health service provider who practises in the Territory, is nominated by the record keeper and has consented to being so nominated.

    (4)     Subject to subsection (7), where the record keeper receives a request under section 12, the record keeper must—

        (a)     in the case of a request that specifies access of a kind mentioned in subsection (3) (a) or (b)—provide access in accordance with the relevant paragraph; or

        (b)     in the case of a request that specifies access of the kind mentioned in subsection (3) (c)—

              (i)     if subsection (3) (c) (i) applies—provide access in accordance with subsection (3) (c); or

              (ii)     if subsection (3) (c) (i) does not apply—nominate a suitable health service provider for subsection (3) (c).

    (5)     However, if the health services commissioner receives a request under section 12 in relation to a health record prepared by a health service provider, the health services commissioner—

        (a)     need not give access in accordance with subsection (3) (a), (b) or (c); and

        (b)     may instead refer the request to the health service provider.

    (6)     If the health services commissioner refers a request to a health service provider under subsection (5) (b), the health service provider is taken to have received it under section 12.

    (7)     The right of access is subject, in the case of access in a way mentioned in subsection (3) (b) or (c), to the payment of any fee or charge payable under this Act.

    (8)     Where the consumer is a legally incompetent person, the right of access conferred by subsection (1) is exercisable on behalf of the consumer by a guardian of the consumer.