Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) For this Act, the chief executive may ask a relevant chief executive for a written report about a detainee's health.
(2) The relevant chief executive must comply with the request as soon as practicable.
(3) The relevant chief executive's report must include personal health information about the detainee that is in a health record—
(a) in the relevant chief executive's custody; or
(b) to which the relevant chief executive has access through any arrangement with another chief executive.
(4) The chief executive must ensure that a doctor appointed under section 21 (Doctors—health service appointments) assesses the report from a relevant chief executive and includes a statement of the detainee's condition (the health schedule ) in the detainee's case management plan.
(5) The health schedule must include a summary of—
(a) the detainee's condition and health risks, including any likelihood of the condition resulting in a medical emergency or the onset of significant health problems and any associated symptoms; and
(b) a treatment regime for the detainee
Examples—s (5)
1 Detainee D has diabetes. The health schedule for D explains the type of diabetes, the treatment required, any likely medical emergency or significant health problem and the associated symptoms, such as hypoglycaemia.
2 Detainee P has epilepsy. The health schedule for P explains the type of epilepsy, the treatment required, the symptoms and consequences of any failure to maintain the treatment regime.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(6) Without limiting section 14 (Corrections policies and operating procedures), a corrections policy or operating procedure may include provision in relation to the health schedule, including provision in relation to any of the following:
(a) the content of the schedule and, in particular, any statement about the detainee's health risks and treatment regime;
(b) the people who may access the health schedule and the circumstances for access.
(7) The chief executive must ensure that the relevant chief executive's report and the health schedule is available only to people authorised by the chief executive.
(8) In this section:
"health record"—see the Health Records (Privacy and Access) Act 1997 , dictionary.
"personal health information"—see the Health Records (Privacy and Access) Act 1997 , dictionary.
"relevant chief executive" means a chief executive whose administrative unit is responsible for any provision of the following Acts:
(a) the Children and Young People Act 1999 ;
(b) the Disability Services Act 1991 ;
(c) the Health Act 1993 ;
(d) the Mental Health (Treatment and Care) Act 1994 .
Note Compliance with a request under this section does not involve a contravention of a privacy principle under the Health Records (Privacy and Access) Act 1997 (see that Act, s 5 (The privacy principles)) .