Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts13. (1) This section applies if a record-keeper receives a request under section 12, other than an oral request in respect of which the record-keeper has made a request under paragraph 12 (3) (a), in respect of a health record (in this section called the “record”).
(2) Within 14 days after receiving a request, the record-keeper shall—
(a) unless paragraph (b) or (c) applies, either—
(i) give access to the record in accordance with subsections (4) and (5); or
(ii) if the Minister has determined, under section 34, a fee payable for giving such access—give a notice in writing to the consumer stating that the record-keeper will give access to the record on payment of a specified fee (being a fee not exceeding the fee so determined);
(b) if the record-keeper relies on a ground specified in section 14 for non-production of the record or a part of the record—give a notice in writing to the consumer stating the ground for non-production of the record; or
(c) if, on a ground specified in section 15 or 17, the record-keeper is prohibited from giving access to the record or a part of the record—give a notice in writing to the consumer stating the ground on which the record-keeper is so prohibited.
(3) If the record-keeper gives a notice under paragraph (2) (b) or (c) that relates only to a part of the record, the record-keeper shall comply with paragraph (2) (a) in respect of the remainder of the record.
(4) Subject to subsection (8), the time within access shall be given is—
(a) if—
(i) the record-keeper has given a notice under subparagraph (2) (a) (ii); and
(ii) the fee specified in the notice is paid;
the later of—
(iii) 7 days after receiving payment of the fee; or
(iv) 30 days after receiving the request; or
(b) if the record-keeper has not given a notice under subparagraph (2) (a) (ii)—30 days after receiving the request.
(5) Access shall be given as follows:
(a) in the case of a request to inspect the record, or a print-out of the record—by making the record or print-out available to the consumer at a time, and at a place in the Territory, specified in a notice in writing given to the consumer;
(b) in the case of a request to receive a copy of the record—by giving to the consumer—
(i) a copy of the record;
(ii) if the consumer agrees—an accurate summary of the record; or
(iii) if the record, or a part of the record, was made before the date of commencement of this Act and the record-keeper does not give a copy of the record to the consumer—a written summary of the factual matters contained in the record or part of the record;
(c) in the case of a request to view the record and have its content explained—by giving the consumer a notice stating—
(i) if the record-keeper is a suitably qualified health service provider, and is willing to do so—that the record-keeper will be available to explain the health information at a time, and at a place in the Territory, specified in the notice; or
(ii) in any other case—the name and address of a suitable health service provider who will be available in the Territory with the record, by arrangement with the consumer, to explain the health information.
(6) A person giving an explanation for the purposes of subparagraph (5) (c) (i) or (ii) may make a charge for the service that does not exceed the amount of the person's usual charge for a consultation of a comparable duration.
(7) Where a consumer—
(a) has a right of access; and
(b) has given an authority in writing, signed by the consumer, to the record-keeper to provide access to a person named in the authority;
the access shall be given to the person so named.
(8) The record-keeper is entitled, before giving access to the record to a person (in this subsection called the “relevant person”), to require—
(a) proof of identity of the relevant person;
(b) if another person has authorised the access to be given to the relevant person—proof of identity and authority of that other person; and
(c) if the consumer is a legally incompetent person, a young person or a deceased consumer—proof that the relevant person or, if paragraph (b) applies, the person authorising the relevant person, is—
(i) in the case of a legally incompetent person or a young person—a guardian of the person; or
(ii) in the case of a deceased consumer—a legal representative of the deceased consumer.
(9) A record-keeper is taken to have refused access to the record—
(a) if the record-keeper fails to comply with a requirement of this section; or
(b) in the case of a notice given by the record-keeper under paragraph (5) (a) or subparagraph (5) (c) (i)—
(i) if the notice does not specify a date and time that, in all the circumstances, are reasonable; or
(ii) if the record-keeper unreasonably fails to allow inspection of the record, or to give a reasonable explanation, as the case requires, in accordance with the notice; or
(c) in the case of a notice given by the record-keeper under subparagraph (5) (c) (ii)—if the health service provider specified in the notice unreasonably fails—
(i) to make an arrangement with the consumer to explain the health information; or
(ii) to comply with an arrangement so made.