CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 186 Health reports

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 186

    (1)     For the criminal matters chapters, the director-general may ask a relevant director-general for a written report about a young detainee's health.

    (2)     The relevant director-general must comply with the request as soon as practicable.

    (3)     The relevant director-general's report must include personal health information about the young detainee that is in a health record—

        (a)     in the relevant director-general's custody; or

        (b)     to which the relevant director-general has access through any arrangement with another director-general.

    (4)     The director-general must ensure that a treating doctor assesses the report from a relevant director-general and includes a statement of the young detainee's condition (the health schedule ) in the young detainee's case management plan (if any).

    (5)     The health schedule must include—

        (a)     a summary of—

              (i)     the young detainee's condition and health risks, including any likelihood of the condition resulting in a medical emergency or the onset of significant health problems and any associated symptoms; and

              (ii)     a treatment regime for the young detainee; and

        (b)     details of any medicine approved by the director-general under section 187 for use by the young detainee.

Examples—s (5)

1     Young detainee D has diabetes. The health schedule for D explains the type of diabetes, the treatment required, any likely medical emergency or significant health problem and the associated symptoms, such as hypoglycaemia.

2     Young detainee P has epilepsy. The health schedule for P explains the type of epilepsy, the treatment required, and the symptoms and consequences of any failure to maintain the treatment regime.

    (6)     A youth detention policy or operating procedure may include provision in relation to the health schedule, including provision in relation to any of the following:

        (a)     the content of the schedule and, in particular, any statement about the young detainee's health risks and treatment regime;

        (b)     the people who may access the health schedule and the circumstances for access.

    (7)     The director-general must ensure that the relevant director-general's report and the health schedule is available only to people authorised by the director-general.

    (8)     In this section:

"health record"—see the Health Records (Privacy and Access) Act 1997

, dictionary.

"personal health information"—see the Health Records (Privacy and Access) Act 1997

, dictionary.

"relevant director-general" means a director-general whose administrative unit is responsible for any provision of the following Acts:

        (a)     the Corrections Management Act 2007

;

        (b)     the Crimes (Sentence Administration) Act 2005

;

        (c)     the Disability Services Act 1991

;

        (d)     the Health Act 1993

;

        (e)     the Mental Health Act 2015

.

Note     Compliance with a request under this section does not involve a contravention of a privacy principle under the Health Records (Privacy and Access) Act 1997

(see that Act, s 5) .