Australian Capital Territory Numbered Acts

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HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 (NO. 125 OF 1997) - SECT 7

Consent by consumer to obtaining personal health information etc. or health status

7. (1) A person shall not, without the consent of the consumer—

        (a)     request a health status report, in relation to a consumer, from a person other than the consumer; or

        (b)     provide a health status report, in relation to a consumer, to a person other than the consumer.

(2) A person shall not, without the consent of the consumer, obtain a health status report in relation to a consumer from a health service provider.

(3) Where a person requests or obtains the consent of a consumer to requesting or obtaining a health status report in relation to the consumer, the person shall—

        (a)     inform the consumer in writing of the right of the consumer to request a copy of the health status report;

        (b)     if the consumer so requests—as soon as practicable give a copy of the health status report to the consumer; and

        (c)     if the consumer gives to the person a statement containing comments by the consumer in relation to the health status report—

              (i)     give due consideration to the comments; and

              (ii)     retain the statement for as long as the person retains the report.

(4) A consent given by a consumer for the purposes of subsection (1) or (2) shall—

        (a)     be in writing and signed—

              (i)     if the consumer is a young person or a legally incompetent person—by a guardian of the consumer; or

              (ii)     in any other case—by the consumer; and

        (b)     if the health service report is to be, or has been, prepared or substantially prepared by a health service provider—specify the name of the health service provider.

(5) This section does not apply to the extent, if any, that a health status report is requested, obtained or provided in accordance with—

        (a)     a law of the Territory;

        (b)     a law of the Commonwealth; or

        (c)     an order of a court of competent jurisdiction.



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