Section 9—

        (a)     After subparagraph (i) (ii) insert the following subparagraph:

    “(iia)     the Health Records Act;”.

        (b)     After paragraph (j) insert the following paragraph:

    “(ja)     to perform the functions and exercise the powers conferred on the Commissioner by the Health Records Act;”.

        (c)     Omit from paragraph (k) “complaint”, substitute “complaint under this Act, or a complaint or request to review under section 18 of the Health Records Act,”.

Subsection 23 (1)—

After “complaint received” insert “under Division 1, or under subsection 18 (1) or (3) of the Health Records Act,”.

Section 28—

After subsection (1) insert the following subsection:

“(1A) In the case of a complaint under subsection 18 (1) or (3) of the Health Records Act, subsection (1) has effect as if paragraphs (a) and (b) were omitted and the following paragraphs were substituted:

    ‘(a)     the complainant is not entitled, under the Health Records Act, to make the complaint;

        (b)     the complaint does not disclose a ground of complaint referred to in subsection 18 (1) or (3) of the Health Records Act;'.”.

New Part IVA—

After section 39 insert the following Part:

“ PART IVA—REQUESTS TO REVIEW UNDER THE HEALTH RECORDS ACT

Application of this Part

“39A. This Part applies in relation to a request to review under subsection 18 (4) of the Health Records Act.

Formal requirements

“39B. (1) A request to review shall—

        (a)     be in writing;

        (b)     be signed by the person making it; and

        (c)     set out that person's name and address.

“(2) The Commissioner may accept a request to review that fails to comply with subsection (1).

Procedure on receipt of request to review

“39C. (1) The Commissioner shall consider a request to review, and for that purpose the Commissioner may make any appropriate enquiries and seek any relevant information.

“(2) In considering a request to review, the Commissioner shall—

        (a)     take into account the objects and provisions, so far as material, of the Health Records Act; and

        (b)     refrain from making a decision that is adverse or unfavourable to a person unless—

              (i)     the person has been given a fair opportunity to make representations to the Commissioner in respect of the matter; and

              (ii)     the Commissioner has given due consideration to any representations so made.

“(3) If—

        (a)     the request to review involves a claim in respect of a health record on the ground stated in paragraph 15 (a) of the Health Records Act; and

        (b)     the Commissioner forms the opinion that the Commissioner should not proceed with considering the request to review because the person making the request has not made adequate use of the procedure specified in section 16 of that Act;

the Commissioner may—

        (c)     give a notice in writing to the person setting out—

              (i)     the Commissioner's opinion accordingly;

              (ii)     any comments or suggestions that the Commissioner considers may be of assistance to the person; and

              (iii)     a summary of the operation, in relation to the matter, of subsection (4); and

        (d)     give a copy of the notice, with any modifications that the Commissioner considers appropriate, to any other person who, in the Commissioner's opinion, has a proper interest in receiving it.

“(4) Where the Commissioner gives a notice under paragraph (3) (c), the Commissioner shall not proceed with considering the request to review until the Commissioner is satisfied that—

        (a)     the person making the request to review has made adequate use of that procedure and that the matter is not resolved; or

        (b)     the use of that procedure by the person is impracticable or, for some other reason, would be unlikely to resolve the matter.

Withdrawal of request to review

“39D. (1) The person who made a request to review may, at any time, withdraw the request by notice in writing to the Commissioner.

“(2) Where a request is withdrawn, the Commissioner shall—

        (a)     if the relevant record-keeper (within the meaning of the Health Records Act) has been informed of the request—within 14 days, inform the record-keeper of the withdrawal; and

        (b)     subject to section 40—take no further action in relation to the request.

Decision in relation to a request to review

“39E. (1) At the conclusion of the Commissioner's consideration of a request to review, the Commissioner shall—

        (a)     make a decision in respect of the request; and

        (b)     give a copy of the decision to the person making the request and to any other person who appears to the Commissioner to be affected by the decision.

“(2) The Commissioner may give a copy of the decision to any other person to whom, or body to which, in the Commissioner's opinion the decision ought to be given.

Magistrates Court may review decision

“39F. (1) Application may be made to the Magistrates Court for review of a decision under paragraph 39E (1) (a).

“(2) In reviewing a decision, the Magistrates Court shall proceed by way of a hearing de novo , but may have regard to the proceedings (including any evidence given) before the Commissioner.

Appeals

“39G. (1) An appeal to the Supreme Court may be brought as of right from an order of the Magistrates Court on an application under section 39F.

“(2) Part XIXA (other than sections 387 and 388) of the Magistrates Court (Civil Jurisdiction) Act 1982 applies in relation to such an appeal.”.

Subsection 40 (1)—

After paragraph (a) insert the following paragraph:

    “(aa)     a request to review under subsection 18 (4) of the Health Records Act;”.

New section 41A—

After section 41 insert the following section in Division 1 of Part V:

Requests to review—application of this Part

“41A. In the case of an investigation of a request to review—

        (a)     Division 2 of this Part applies—

              (i)     with the omission of references to ‘complaint' and the substitution of references to ‘request to review'; and

              (ii)     with the omission of references to ‘complainant' and the substitution of references to ‘person making the request to review'; and

        (b)     Division 3 of this Part does not apply.”.

Paragraph 73 (1) (a)—

Omit “ section 22”, substitute “ section 22 or a complaint under subsection 18 (1) or (3) of the Health Records Act”.

Subsection 73 (2)—

After “this Act” (first occurring) insert “or subsection 18 (1) or (3) of the Health Records Act”.

Paragraph 74 (a)—

Omit “this Act”, substitute “this Act or subsection 18 (1) or (3) of the Health Records Act”.

Paragraphs 74 (c) and (d)—

After “report” insert “or decision”.