Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 6FB

Meaning of health service

             (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.



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