CORRECTIONS MANAGEMENT ACT 2007 - SECT 77 Health reports
CORRECTIONS MANAGEMENT ACT 2007 - SECT 77
Health reports(1) For this Act, the director-general may ask a relevant director-general for a written report about a 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 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 doctor appointed under section 21 (Doctors—health service appointments) assesses the report from a relevant director-general and includes a statement of the detainee's condition (the health schedule ) in the detainee's case management plan.
(5) The health schedule must include a summary of—
(a) the 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
(b) a treatment regime for the detainee
Examples—s (5)
1 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 Detainee P has epilepsy. The health schedule for P explains the type of epilepsy, the treatment required, the symptoms and consequences of any failure to maintain the treatment regime.
(6) Without limiting section 14 (Corrections policies and operating procedures), a corrections 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 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 Children and Young People Act 2008
;
(b) the Disability Services Act 1991
;
(c) the Health Act 1993
;
(d) 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 (The privacy principles)) .