HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Objects of Act  
   4.      Dictionary  
   4A.     Notes  
   4B.     Offences against Act—application of Criminal Code etc  

   PART 2--PRIVACY PROVISIONS

   5.      The privacy principles  
   6.      Compliance with privacy principles  
   7.      Consent by consumer to obtaining health status report  

   PART 3--ACCESS TO PERSONAL HEALTH INFORMATION

   8.      Access otherwise than under pt 3  
   9.      Pt 3 not to prevent alternative arrangements  
   10.     Statement of principle regarding right of access  
   10A.    Statement of principle regarding right of access—children and young  
   11.     Provision of health services and keeping of records—terms and  
   12.     Requests for access  
   13.     Response to request for access  
   13A.    Disclosure in accordance with consent  
   13B.    Giving access to health records—generally  
   13BA.   Giving access to health records—children and young people  
   13C.    How access to health record given  
   13D.    Access taken to have been refused  
   14.     Grounds for nonproduction  
   14A.    No access to health record relating to Children and Young People Act complaint  
   15.     No access to health record where risk to life or health of consumer or another  
   16.     Refusal for risk to life or health of consumer—offer by record  
   16A.    Refusal for risk to life or health of consumer—nomination by  
   16B.    Record keeper to give nominated health service provider health  
   16C.    Functions of nominated health service provider  
   16D.    Unsuitable consumer-nominated health service provider  
   17.     No access to health record where material given in confidence  

   PART 4--COMPLAINTS

   18.     Grounds for complaint  

   PART 5--OFFENCES

   20.     Unlawfully requiring consent etc  
   21.     Destroying etc health records and related material  
   22.     Unlawfully requesting or obtaining access to health records  
   23.     People not to be unlawfully penalised  
   24.     Acts and omissions of representatives  

   PART 6--MISCELLANEOUS

   25.     Children and young people  
   26.     Legally incompetent persons  
   27.     Deceased consumers  
   29.     Defect or invalidity—protection if person acts in good faith  
   30.     Unqualified record keeper to obtain and act on expert advice  
   31.     Jurisdiction of Magistrates Court  
   32.     Appeals  
   33.     Court orders under other laws  
   34.     Determination of fees  
   36.     Regulation-making power  
   37.     Saving  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES