HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 26 Legally incompetent persons

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 26

    (1)     Subject to this Act, where a consumer is a legally incompetent person, a right or power conferred on consumers by this Act—

        (a)     is exercisable on behalf of the consumer by a guardian of the consumer; and

        (b)     is not exercisable by the consumer on the consumer's own behalf.

    (2)     A purported consent by a guardian of a legally incompetent person is void if, when giving it, the guardian knows or believes it to be at variance with the wishes expressed, and not changed or withdrawn, by the person before the person became a legally incompetent person.