HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 13B Giving access to health records—generally
HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 13B
Giving access to health records—generally(1) This section applies if a record keeper must give a person (other than a child or young person) access to a health record.
(2) Access to the health record must be given—
(a) if the record keeper has given a notice under section 13 (2) (d) (ii) and the fee stated in the notice has been paid—no later than the later of the following:
(i) 1 week after the day the fee is paid;
(ii) 30 days after the day the record keeper received the request for access to the health record; or
(b) if the record keeper has not given a notice under section 13 (2) (d) (ii)—no later than 30 days after the day the record keeper receives the request for access to the health record.
(3) However, before giving access to the record to a person (the relevant person ), the record keeper must take reasonable steps to require evidence of, and be satisfied about—
(a) the relevant person's identity; and
(b) if someone else has authorised the access to be given to the relevant person—the identity and authority of the other person; and
(c) if the consumer is a legally incompetent person or dead—the fact that the relevant person (or, if paragraph (b) applies, the person authorising the relevant person) is—
(i) for a legally incompetent person—a guardian of the person; or
(ii) for a deceased consumer—
(A) a legal representative of the deceased consumer; or
(B) if there is no legal representative of the deceased consumer—an immediate family member of the deceased consumer.
(4) If the record keeper requires evidence under subsection (3) before giving access to a health record and the evidence is not provided or does not satisfy the record keeper, the record keeper need not provide access to the health record.