Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 248

248 .         Right to access medical record and other documents

        (1)         Unless section 249(1)(a) or (b) or (3) applies, a person who is or was provided with treatment or care by a mental health service is entitled to inspect, and to be given a copy of, any relevant document relating to the person that is in the possession or control of —

            (a)         the person in charge of the mental health service; or

            (b)         a staff member of the mental health service.

        (2)         Subsection (1) does not affect any other right that the person has under this Act or another law to be given access to a document.

        (3)         The person in charge of the mental health service must ensure —

            (a)         that any request by the person to inspect, or to be given a copy of, a relevant document relating to the person is dealt with as soon as practicable after the request is received by the person who has possession or control of the relevant document; and

            (b)         if the request is refused — that, as soon as practicable after the refusal, a record in the approved form of the reasons for the refusal is filed and a copy given to the person.