2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

An Act to amend the Health Records (Privacy and Access) Act 1997

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Health Records (Privacy and Access) Amendment Act 2005.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Health Records (Privacy and Access) Act 1997.

(c) if the record keeper is prohibited from giving access to the record or a part of the record on a ground mentioned in section 14A, section 15 or section 17—give a notice in writing to the consumer stating the ground on which the record keeper is prohibited from giving access.

A record keeper must not give access to a health record or part of a health record under section 10 if—

(a) the record or part of a record relates to a report under the Children and Young People Act 1999, section 158 or section 159; and

(b) either—

(i) the record or part of a record identifies the person who made the report; or

(ii) the record keeper is satisfied that the record or part of the record allows the identity of the person who made the report to be worked out.

part of a health record

under section 10

Presentation speech made in the Legislative Assembly on 2005.

Notified under the Legislation Act on 2005.

For the latest republication of amended laws, see www.legislation.act.gov.au.