Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
13 Response to request for access
(1) This section—
(a) applies if a record keeper receives a request for access to a health record under section 12; but
(b) does not apply to an oral request if the record keeper has asked under section 12 (3) (a) for the request to be made in writing.
(2) Within 2 weeks after the day the record keeper receives the request, the record keeper must—
(a) if the record keeper relies on a ground mentioned in section 14 for nonproduction of the record or part of the record—give the consumer written notice that the record keeper will not give access to the record; or
(b) if the record keeper is prohibited from giving access to the record or part of the record under section 14A, section 15 or section 17—give the consumer written notice that the record keeper is prohibited from giving access to the record; or
(c) either—
(i) give access to the record in accordance with section 13A; or
(ii) if a fee has been determined under section 34 for access—give the consumer written notice that the record keeper will give access to the record on payment of a stated fee that is not more than the determined fee.
(3) A notice under subsection (2) (a) must state the ground on which the record keeper relies for nonproduction of the record or part of the record.
(4) A notice under subsection (2) (b) must state the section under which the record keeper is prohibited from giving access to the record or part of the record.
(5) If the record keeper gives a notice under subsection (2) (a) or (b) that relates to only part of the record, the record keeper must comply with subsection (2) (c) in relation to the rest of the record.
13A Disclosure in accordance with consent
(1) This section applies if—
(a) a consumer has a right of access to a health record; and
(b) the consumer consents under schedule 1, principle 10, clause 2 (c) to the disclosure of personal health information about the consumer from the record to an entity.
(2) The record keeper must disclose the information to the entity.
(3) For the purpose of accessing the information in the record, the entity is taken to be the consumer.
(4) To remove any doubt and without limiting subsection (3), the entity has the same right of access to the information in the record as the consumer.
13B Giving access to health records
(1) This section applies if a record keeper must give a person access to a health record.
(2) Access to the health record must be given—
(a) if the record keeper has given a notice under section 13 (2) (c) (ii) and the fee stated in the notice has been paid—no later than the later of the following:
(i) 1 week after the day the fee is paid;
(ii) 30 days after the day the record keeper received the request for access to the health record; or
(b) if the record keeper has not given a notice under section 13 (2) (c) (ii)—no later than 30 days after the day the record keeper receives the request for access to the health record.
(3) However, before giving access to the record to a person (the relevant person ), the record keeper must take reasonable steps to require evidence of, and be satisfied about—
(a) the relevant person's identity; and
(b) if someone else has authorised the access to be given to the relevant person—the identity and authority of the other person; and
(c) if the consumer is a young person, a legally incompetent person or dead—the fact that the relevant person (or, if paragraph (b) applies, the person authorising the relevant person) is—
(i) for a young person or legally incompetent person—a guardian of the person; or
(ii) for a deceased consumer—
(A) a legal representative of the deceased consumer; or
(B) if there is no legal representative of the deceased consumer—an immediate family member of the deceased consumer.
(4) If the record keeper requires evidence under subsection (3) before giving access to a health record and the evidence is not provided or does not satisfy the record keeper, the record keeper need not provide access to the health record.
13C How access to health record given
(1) This section applies if a record keeper must give a person access to a health record.
(2) Access to the health record must be given as follows:
(a) for a request to inspect the record or, if the health record is stored in electronic form, a print-out of the record—by making the record or print-out available to the consumer at a time, and at a place in the ACT, stated in a written notice given to the consumer;
(b) for a request to receive a copy of the record—by giving the consumer—
(i) a copy of the record; or
(ii) if the consumer agrees—an accurate summary of the record; or
(iii) if the record, or part of the record, was made before the commencement of this Act and the record keeper does not give a copy of the record to the consumer—a written summary of the factual matters contained in the record or part of the record;
(c) for a request to view the record and have its content explained—by giving the consumer a written notice stating—
(i) if the record keeper is a suitably qualified health service provider, and is willing to do so—that the record keeper will be available to explain the record at a time, and at a place in the ACT, stated in the notice; or
(ii) in any other case—the name and address of a suitably qualified health service provider who practises in the ACT and will be available in the ACT with the record, by arrangement with the consumer, to explain the record.
Note A fee may be determined under s 34 for this provision.
13D Access taken to have been refused
A record keeper is taken to have refused access to a health record—
(a) if the record keeper fails to comply with a requirement of—
(i) section 13 (Response to request for access); or
(ii) section 13A (Disclosure in accordance with consent); or
(iii) section 13B (Giving access to health records); or
(iv) section 13C (How access to health record given); or
(b) if the record keeper has given a notice under section 13C (2) (a) about the record—
(i) if the notice does not state a date and time that is reasonable for making the record or print-out available for inspection by the consumer; or
(ii) if the record keeper unreasonably fails to make the record or print-out available to the consumer for inspection in accordance with the notice; or
(c) if the record keeper has given a notice under section 13C (2) (c) (i) about the record—
(i) if the notice does not state a time that is reasonable for the record keeper to be available; or
(ii) if the record keeper unreasonably fails to explain the content of the record in accordance with the notice; or
(d) if the record keeper has given a notice under section 13C (2) (c) (ii) about the record—if the health service provider named in the notice unreasonably fails—
(i) to make an arrangement with the consumer to explain the content of the record; or
(ii) to comply with an arrangement made to explain the content of the record.