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HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 7
Capacity
7 Capacity
(1) An individual is incapable of doing an act authorised, permitted or
required by this Act if the individual is incapable (despite the provision of
reasonable assistance by another person) by reason of age, injury, illness,
physical or mental impairment of-- (a) understanding the general nature and
effect of the act, or
(b) communicating the individual's intentions with
respect to the act.
(2) An authorised representative of an individual may do
such an act on behalf of an individual who is incapable of doing that act.
(3) An authorised representative may not do such an act on behalf of an
individual who is capable of doing that act, unless the individual expressly
authorises the authorised representative to do that act.
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