Australian Capital Territory Numbered Acts

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 (NO. 125 OF 1997) - SECT 16

16. (1) This section applies if a record-keeper has given a notice under paragraph 13 (2) (c), in respect of a health record, on the ground stated in paragraph 15 (a).

(2) If the record-keeper considers that it would be desirable for a suitably qualified health service provider to discuss the health record with the consumer, the record-keeper may include in, or attach to, the relevant notice to the consumer under paragraph 13 (2) (c), an offer—

        (a)     if the record-keeper is a suitably qualified health service provider—to discuss the health record with the consumer; or

        (b)     whether or not paragraph (a) applies—to arrange for a specified health service provider, being a provider who practises in the Territory, is suitably qualified and has consented to being so nominated, to do so.

(3) Where—

        (a)     the record-keeper does not make such an offer;

        (b)     if such an offer is made—the consumer does not accept it; or

        (c)     if such a discussion is held—the consumer is not satisfied with the outcome of the discussion;

the consumer may give a notice in writing to the record-keeper nominating, for the purposes of this section, a health service provider who has consented to being so nominated.

(4) Subject to subsection (5), if—

        (a)     a record-keeper receives a notice under subsection (3) nominating a health service provider; and

        (b)     the record-keeper believes on reasonable grounds that the nominated health service provider is not a suitable person to act under this section as the nominated health service provider;

the record-keeper may, within 14 days after receiving the notice, give a notice in writing to the consumer—

        (c)     stating that the record-keeper objects to the nominated health service provider and specifying the ground of the objection; and

        (d)     if the record-keeper considers it appropriate to do so—suggesting the class of health service providers from which a health service provider should be nominated.

(5) Subsection (4) does not apply in any of the following cases:

        (a)     where—

              (i)     the health service provider who wrote the health record is registered with a Registration Board; and

              (ii)     the nominated health service provider is registered with the same Board;

        (b)     where the nominated health service provider is registered with the Medical Board and has the ability to understand and interpret the health record;

        (c)     in any other case—where the nominated health service provider—

              (i)     provides the same kind of service as the health service provider who wrote the health record; and

              (ii)     has the ability to understand and interpret the health record.

(6) The nomination of a health service provider lapses if—

        (a)     the record-keeper gives a notice in accordance with subsection (4); or

        (b)     the nominated health service provider—

              (i)     dies;

              (ii)     ceases to be a health service provider; or

              (iii)     refuses, or fails within a reasonable time, to act.

(7) If a nomination lapses, the consumer may make another nomination under subsection (3).

(8) If a record-keeper receives a notice under subsection (3) nominating a health service provider, the record-keeper shall give the health record, or a copy of it, to the nominated health service provider within 14 days after receiving the notice unless, within that period—

        (a)     the record-keeper gives a notice under subsection (4) in respect of the first-mentioned notice; or

        (b)     the first-mentioned notice lapses.

(9) The functions of a nominated health service provider are—

        (a)     to form an opinion on the validity or otherwise of the notice referred to in subsection (1);

        (b)     if the nominated health service provider thinks it appropriate—to explain the grounds of the claim to the consumer; and

        (c)     to discuss the content of the health record with the consumer, and then—

              (i)     if the provider is satisfied that to do so would not constitute a significant risk to the life or the physical, mental or emotional health of the consumer—to allow the consumer to inspect the health record or, if the consumer so wishes and the record-keeper agrees, to have a copy of it; or

              (ii)     if the provider is not so satisfied—to decline to allow the consumer to have access to the health record.