HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 31 Jurisdiction of Magistrates Court

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 31

    (1)     Application may be made to the Magistrates Court (the "court") for—

        (a)     a declaration that, for this Act, a person has, or does not have, the status under this Act of—

              (i)     a legally incompetent person; or

              (ii)     a guardian of a legally incompetent person; or

              (iii)     a child or young person; or

              (iv)     a young person who has or does not have sufficient maturity and developmental capacity to understand the nature of the young person's request to access a health record relating to the young person and the nature of the record; or

              (v)     a person with parental responsibility for a child or young person; or

              (vi)     a legal representative of a deceased person; or

        (b)     a declaration that, for this Act, anything done or purportedly done under this Act was, or was not, validly done; or

        (c)     any other order in relation to a matter arising under this Act that the court considers appropriate.

    (2)     An application may be made by—

        (a)     the health services commissioner; or

        (b)     any person who has a sufficient interest in the matter to warrant the making by the person of the application.

    (3)     The court may make, vary or revoke a declaration or order of a kind referred to in subsection (1).