Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 6FB

  (1)   An activity performed in relation to an individual is a health service if the activity is intended or claimed (expressly or otherwise) by the individual or the person performing it:

  (a)   to assess, maintain or improve the individual's health; or

  (b)   where the individual's health cannot be maintained or improved--to manage the individual's health; or

  (c)   to diagnose the individual's illness, disability or injury; or

  (d)   to treat the individual's illness, disability or injury or suspected illness, disability or injury; or

  (e)   to record the individual's health for the purposes of assessing, maintaining, improving or managing the individual's health.

  (2)   The dispensing on prescription of a drug or medicinal preparation by a pharmacist is a health service .

  (3)   To avoid doubt:

  (a)   a reference in this section to an individual's health includes the individual's physical or psychological health; and

  (b)   an activity mentioned in subsection   (1) or (2) that takes place in the course of providing aged care, palliative care or care for a person with a disability is a health service .

  (4)   The regulations may prescribe an activity that, despite subsections   (1) and (2) is not to be treated as a health service for the purposes of this Act.