Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 (NO. 125 OF 1997) - SECT 4

Interpretation

4. In this Act, unless the contrary intention appears—“child”, in relation to a person, includes an adopted child or step-child of the person; “collector” means a person who, in the course of his or her profession, employment or official duty, collects personal health information; “Commissioner” means the Community and Health Services Complaints Commissioner appointed under section 8 of the Community and Health Services Complaints Act 1993; “consent” includes implied consent; “consumer” means an individual—

(a) who uses, or has used, a health service; or

(b) in relation to whom a health record has been created;

and includes—

(d) where the consumer is a young person or a legally incompetent person—a guardian of the consumer; and

(e) where the consumer has died—a legal representative of the deceased consumer;

“deceased consumer” means a deceased person who, before his or her death, was a consumer;
“disability” has the same meaning as in the Community and Health Services Complaints Act 1993 ;
“factual matter”, in relation to a consumer, means—

(a) a history of the health, an illness or a disability of the consumer;

(b) any findings on an examination of the consumer in relation to the health, an illness or a disability of the consumer;

(d) a diagnosis, or preliminary diagnosis, of an illness or disability of the consumer;

(e) a plan of management, or proposed plan of management, of the treatment or care of an illness or disability of the consumer; or

(f) any action taken (whether or not in accordance with a plan of management) by or under the direction or referral of a health service provider in relation to the consumer;

“false representation” means a representation that is—

(a) false in a material particular; and

(b) made—

(i) with knowledge that it is false in that particular; or

(ii) without belief that it is true in that particular;

“guardian” means—

(a) in relation to a young person—a parent or legally appointed guardian of the young person; or

(b) in relation to a legally incompetent person—a person who is—

(i) a legally appointed guardian of the legally incompetent person; or

(ii) an attorney, appointed under an enduring power of attorney that has become operative, of the legally incompetent person;

and who has power to make decisions about the medical treatment or health care of the legally incompetent person;

“health record” means any record—

(a) held by a health service provider and containing personal information; or

(b) containing personal health information;

and includes a part, or parts, of such a record;
“health service” means—

(a) any activity that is intended or claimed (expressly or by implication), by the person performing it, to assess, record, improve or maintain the physical, mental or emotional health of a consumer or to diagnose or treat an illness or disability of a consumer; or

(b) a disability, palliative care or aged care service that involves the making or keeping of personal health information;

but does not include any service that, under the regulations, is an exempt service;
“health service provider” means a person (including a body corporate, government agency or other body) that provides a health service in the Territory;
“health status report” means a report—

(a) that is prepared or substantially prepared—

(i) by a health service provider; and

(ii) in respect of a consumer who, at the time of the preparation of the report, resides or is present in the Territory;

(b) that relates to the physical, mental or emotional health of a consumer, or a disability or disease of a consumer; and

“illness” means a physical, mental or emotional illness, and includes a suspected illness;
“immediate family member”, in relation to a consumer, means a person who—

(a) is—

(i) a parent of the consumer;

(ii) a spouse or de facto spouse of the consumer; or

(iii) a child or sibling, at least 18 years of age, of the consumer; or

(b) is—

(i) another relative of the consumer; or

(ii) a close friend of the consumer;

and a member of the same household as the consumer;

“law of the Territory” does not include this Act or the common law;
“legally incompetent person” means a person who is subject—

(a) to an enduring power of attorney that has become operative; or

(b) otherwise than as a person under the age of majority—to a guardianship order;

“legal representative”, in relation to a deceased person, means a person—

(a) holding office as executor of the will of the deceased person where probate of the will has been granted or resealed in Australia; or

(b) holding office in Australia as administrator of the estate of the deceased person;

“Medical Board” means the Board established by section 7 of the Medical Practitioners Act 1930 ;
“order of a court of competent jurisdiction” includes a subpoena or similar process of such a court;
“parent”, in relation to a person, includes a step-parent or adoptive parent of the person;
“personal health information”, in relation to a consumer, means any personal information—

(a) relating to the health, an illness or a disability of the consumer; or

(b) collected by a health provider in relation to the health, an illness or a disability of the consumer;

whether or not the information is recorded in a health record;
“personal information”, in relation to a consumer, means any information, recorded or otherwise, about the consumer where the identity of the consumer is apparent, whether the information is—

(a) fact or opinion; or

(b) true or false;

“record” means a record in documentary or electronic form that consists of or includes personal health information in relation to a consumer, and includes—

(a) a photograph or other pictorial or digital representation of any part of the consumer;

(b) test results, medical imaging materials and reports, and clinical notes, relating to the consumer;

(d) a copy of any such record, part or parts;

but does not include research material that does not disclose the identity of the consumer;
“record-keeper” means a person (including a body corporate, government agency or other body) that has possession or control of a health record;
“Registration Board” means a Board specified in, or prescribed under, the definition of “Board” in subsection 4 (1) of the Community and Health Services Complaints Act 1993 ;
“sibling”, in relation to a person, means a brother, sister, half-brother, half-sister, adoptive brother, adoptive sister, step-brother or step-sister of the person;
“this Act” includes the regulations;
“treating health service provider”, in relation to a consumer, means a health service provider who is involved in diagnosis, care or treatment of the consumer for the purpose of improving or maintaining the consumer's health;
“treating team”, in relation to a consumer, means health service providers involved in diagnosis, care or treatment for the purpose of improving or maintaining the consumer's health for a particular episode of care, and includes—

(a) if the consumer named another health service provider as his or her current treating practitioner—that other health service provider; and

(b) if another health service provider referred the consumer to the treating team for that episode of care—that other health service provider;

“young person” means a person under 18 years of age, other than a person who is of sufficient age, and of sufficient mental and emotional maturity, to—

(a) understand the nature of a health service; and

(b) give consent to a health service.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback