Australian Capital Territory Numbered Acts

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 (NO. 125 OF 1997) - SECT 26

26. (1) Subject to this Act, where a consumer is a legally incompetent person, a right or power conferred on consumers by this Act—

        (a)     is exercisable on behalf of the consumer by a guardian of the consumer; and

        (b)     is not exercisable by the consumer on his or her own behalf.

(2) A purported consent by a guardian of a legally incompetent person is void if, when giving it, the guardian knows or believes it to be at variance with the wishes expressed, and not changed or withdrawn, by the person before he or she became a legally incompetent person.