Australian Capital Territory Numbered Acts

HEALTH RECORDS (PRIVACY AND ACCESS) AMENDMENT ACT 2005 (NO 2) (NO. 63 OF 2005 ) - SECT 15

substitute

16     Refusal for risk to life or health of consumer—offer by record keeper

    (1)     This section applies if—

        (a)     a record keeper has given a notice under section 13 (2) (b) about a health record on the ground mentioned in section 15 (a); and

        (b)     the record keeper considers that it would be desirable for a suitably qualified health service provider to discuss the health record with the consumer.

    (2)     The record keeper may include in, or attach to, the notice to the consumer under section 13 (2) (b) an offer—

        (a)     if the record keeper is a suitably qualified health service provider—to discuss the record with the consumer; or

        (b)     whether or not paragraph (a) applies, to arrange for a named health service provider who practises in the ACT, is suitably qualified and has consented to the arrangement, to discuss the content of the record with the consumer.

16A     Refusal for risk to life or health of consumer—nomination by consumer

    (1)     This section applies if—

        (a)     a record keeper has given a notice under section 13 (2) (b) about a health record on the ground mentioned in section 15 (a); and

        (b)     any of the following apply:

              (i)     the record keeper has not made an offer under section 16;

              (ii)     the record keeper has made an offer under section 16 but the consumer has not accepted it;

              (iii)     the consumer has had a discussion with the health service provider named by the record keeper in an offer under section 16, but is not satisfied with the outcome of the discussion.

    (2)     The consumer may give a written notice (a nomination ) to the record keeper nominating a health service provider for this section if the health service provider has consented to being nominated.

    (3)     The nomination lapses if—

        (a)     the record keeper gives the consumer a notice under section 16B about the health record; or

        (b)     the nominated health service provider—

              (i)     dies or otherwise stops being a health service provider; or

              (ii)     refuses to act or fails to act within a reasonable time.

    (4)     If a nomination lapses, the consumer may make another nomination under this section.

16B     Record keeper to give nominated health service provider health record

    (1)     This section applies if a record keeper receives a nomination under section 16A in relation to a health record.

    (2)     The record keeper must give the health record, or a copy of it, to the nominated health service provider within 2 weeks after the day the record keeper receives the nomination.

    (3)     However, the record keeper need not comply with subsection (2) if, within the 2-week period—

        (a)     the record keeper gives a notice under section 16D in relation to the nomination; or

        (b)     the nomination lapses.

16C     Functions of nominated health service provider

        The functions of a health service provider nominated by a notice under section 16A are—

        (a)     to form an opinion about the validity of the notice under section 13  (2) (b); and

        (b)     if the nominated health service provider considers it appropriate—to explain the grounds of the claim to the consumer; and

        (c)     to discuss the content of the health record with the consumer; and

        (d)     if the provider is satisfied that to allow the consumer to inspect the record would not be a significant risk to the life or the physical, mental or emotional health of the consumer—to allow the consumer to inspect the record or, if the consumer wishes to have a copy of the record and the record keeper agrees, to have a copy of the record; and

        (e)     if the provider is not satisfied as mentioned in paragraph (d)—to decline to allow the consumer to have access to the record.

16D     Unsuitable consumer-nominated health service provider

    (1)     This section applies if—

        (a)     a record keeper receives a notice under section 16A nominating a health service provider; and

        (b)     the record keeper believes, on reasonable grounds, that the nominated health service provider is not a suitable person to act as the nominated health service provider.

    (2)     Within 2 weeks after the day the record keeper receives the nomination, the record keeper may give the consumer a written notice stating that the record keeper objects to the nominated health service provider.

    (3)     The notice—

        (a)     must state the ground of the objection; and

        (b)     may suggest the class of health service providers from which a health service provider should be nominated.

    (4)     However, the record keeper must not give a notice under subsection (2)—

        (a)     if—

              (i)     the health service provider who wrote the health record is registered with a registration board; and

              (ii)     the nominated health service provider is registered by the same board; or

        (b)     if the nominated health service provider is registered with the medical board and has the ability to understand and interpret the health record; or

        (c)     if the nominated health service provider—

              (i)     provides the same kind of service as the health service provider who wrote the health record; and

              (ii)     has the ability to understand and interpret the health record.