Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH RECORDS (PRIVACY AND ACCESS) AMENDMENT ACT 2005 (NO 2) (NO. 63 OF 2005 ) - SECT 9

Section 7

substitute

7     Consent by consumer to obtaining health status report

    (1)     A person must not, without a consumer's consent—

        (a)     ask someone other than the consumer for a health status report about the consumer; or

        (b)     give someone other than the consumer a health status report about the consumer.

    (2)     A person must not obtain a health status report about a consumer from a health service provider without the consumer's consent.

    (3)     If a person obtains the consumer's consent for subsection (1) or (2) the person must—

        (a)     tell the consumer in writing of the consumer's right to ask for a copy of the health status report and to give the person a statement commenting on the health status report; and

        (b)     if the consumer asks for a copy of the report—give a copy of the report to the consumer as soon as practicable; and

        (c)     if the consumer gives the person a statement commenting on the health status report—

              (i)     consider the comments; and

              (ii)     keep the statement with the report for as long as the person keeps the report.

    (4)     A consent given by a consumer for subsection (1) or (2) must—

        (a)     be in writing and signed—

              (i)     if the consumer is a young person or 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—name the health service provider.

Note     If a form is approved under s 35 for this provision, the form must be used.

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

        (a)     a law of the Territory; or

        (b)     a law of the Commonwealth; or

        (c)     an order of a court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback