HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 13 Response to request for access
HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 13
Response to request for access(1) This section—
(a) applies if a record keeper receives a request for access to a health record under section 12; but
(b) does not apply to an oral request if the record keeper has asked under section 12 (3) (a) for the request to be made in writing.
(2) Within 2 weeks after the day the record keeper receives the request, the record keeper must—
(a) if the health services commissioner is the record keeper and refers the request to a health service provider under section 10 (5)—give the consumer written notice that the request has been referred to the health service provider who prepared the health record; or
(b) if the record keeper relies on a ground mentioned in section 14 for nonproduction of the record or part of the record—give the consumer written notice that the record keeper will not give access to the record; or
(c) if the record keeper is prohibited from giving access to the record or part of the record under section 14A, section 15 or section 17—give the consumer written notice that the record keeper is prohibited from giving access to the record; or
(d) either—
(i) give access to the record in accordance with section 13A; or
(ii) if a fee has been determined under section 34 for access—give the consumer written notice that the record keeper will give access to the record on payment of a stated fee that is not more than the determined fee.
Note For how documents may be served, see the Legislation Act
, pt 19.5.
(3) A notice under subsection (2) (b) must state the ground on which the record keeper relies for nonproduction of the record or part of the record.
(4) A notice under subsection (2) (c) must state the section under which the record keeper is prohibited from giving access to the record or part of the record.
(5) If the record keeper gives a notice under subsection (2) (b) or (c) that relates to only part of the record, the record keeper must comply with subsection (2) (d) in relation to the rest of the record.