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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)) .