Australian Capital Territory Numbered Acts

HEALTH RECORDS (PRIVACY AND ACCESS) AMENDMENT ACT 2005 (NO 2) (NO. 63 OF 2005 ) - SECT 6

substitute

    Principle 6: Access to health records by people other than the consumer

    1     A health service provider who is a member of a treating team for a consumer may have access to the personal health information about the consumer so far as necessary for the provision by the provider of a health service to the consumer.

    2     If a person reasonably requires access to personal health information about a consumer for the purpose of the management, funding or quality of a health service received, or being received, by the consumer, the person may have access to the extent necessary for that purpose without the consumer's consent.

    3     A treating health service provider for a consumer may disclose personal health information about the consumer to an immediate family member if—

        (a)     the disclosure is made for compassionate reasons; and

        (b)     the provider believes, on reasonable grounds, that the disclosure would be expected by the consumer; and

        (c)     the disclosure is not contrary to any wishes previously expressed by the consumer that the provider is, or ought reasonably to be, aware of.

Note     Section 17 deals with information subject to confidentiality.

    4     An entity must not require a consumer, directly or indirectly, to obtain or grant access to a health record about the consumer unless the entity is required or allowed to make the requirement under—

        (a)     a law of the Territory; or

        (b)     a law of the Commonwealth; or

        (c)     an order of a court.