HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 7 Consent by consumer to obtaining health status report
HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 7
Consent by consumer to obtaining health status report(1) A person must not, without a consumer's consent—
(a) ask someone other than the consumer for a health status report about the consumer; or
(b) give someone other than the consumer a health status report about the consumer.
(2) A person must not obtain a health status report about a consumer from a health service provider without the consumer's consent.
(3) If a person obtains the consumer's consent for subsection (1) or (2) the person must—
(a) tell the consumer in writing of the consumer's right to ask for a copy of the health status report and to give the person a statement commenting on the health status report; and
(b) if the consumer asks for a copy of the report—give a copy of the report to the consumer as soon as practicable; and
(c) if the consumer gives the person a statement commenting on the health status report—
(i) consider the comments; and
(ii) keep the statement with the report for as long as the person keeps the report.
(4) A consent given by a consumer for subsection (1) or (2) must—
(a) be in writing and signed—
(i) if the consumer is a legally incompetent person—by a guardian of the consumer; or
(ii) if the consumer is a child or young person—by the person with parental responsibility for the child or young person; or
(iii) in any other case—by the consumer; and
(b) if the health service report is to be, or has been, prepared or substantially prepared by a health service provider—name the health service provider.
(5) This section does not apply to the extent (if any) that a health status report is asked for, obtained or provided in accordance with—
(a) a law of the Territory; or
(b) a law of the Commonwealth; or
(c) an order of a court.