Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 4)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• adult
• Commonwealth
• contravene
• domestic partner (s 169)
• entity
• individual.
"child", in relation to a person, includes an adopted child or stepchild of the person.
"collector" means a person who, in the course of his or her profession, employment or official duty, collects personal health information.
"commission" means the human rights commission.
"consent" includes implied consent.
"consumer" means an individual who uses, or has used, a health service, or in relation to whom a health record has been created, and includes—
(a) if the consumer is a young person or legally incompetent person—a guardian of the consumer; and
(b) if the consumer has died and there is a legal representative of the deceased consumer—a legal representative of the deceased consumer; and
(c) if the consumer has died and there is no legal representative of the deceased consumer—an immediate family member of the deceased consumer.
Note Under s 13A an entity is taken to be the consumer for the purpose of accessing certain information if the consumer has consented to disclosure of the information to the entity.
"deceased consumer" means a deceased person who, before his or her death, was a consumer.
"destroy" a record includes delete the record.
"disability"—see the Human Rights Commission Act 2005, section 8 (2).
"factual matter", in relation to a consumer, means—
(a) a history of the health, an illness or a disability of the consumer; or
(b) any findings on an examination of the consumer in relation to the health, an illness or a disability of the consumer; or
(c) the results of any investigation into the health, an illness or a disability of the consumer; or
(d) a diagnosis, or preliminary diagnosis, of an illness or disability of the consumer; or
(e) a plan of management, or proposed plan of management, of the treatment or care of an illness or disability of the consumer; or
(f) any action taken (whether or not in accordance with a plan of management) by or under the direction or referral of a health service provider in relation to the consumer.
"guardian" means—
(a) for a young person—a parent, a legally appointed guardian of the young person or someone else with parental responsibility for the young person under the Children and Young People Act 2008, division 1.3.2; or
(b) for a legally incompetent person—
(i) a person who is—
(A) a legally appointed guardian of the legally incompetent person; or
(B) an attorney, appointed under an enduring power of attorney that has become operative, of the legally incompetent person; and
(ii) who has power to make decisions about the medical treatment or health care of the legally incompetent person.
"health record" means any record, or any part of a record—
(a) held by a health service provider and containing personal information; or
(b) containing personal health information.
"health service" means—
(a) any activity that is intended or claimed (expressly or by implication), by the person providing it, to assess, record, improve or maintain the physical, mental or emotional health of a consumer or to diagnose or treat an illness or disability of a consumer; or
(b) a disability, palliative care or aged care service that involves the making or keeping of personal health information;
but does not include any service declared by regulation to be an exempt service.
"health service provider" means an entity that provides a health service in the ACT.
"health status report" means a report—
(a) that is prepared or substantially prepared—
(i) by a health service provider; and
(ii) in respect of a consumer who, at the time of the preparation of the report, resides or is present in the ACT; and
(b) that relates to the physical, mental or emotional health of a consumer, or a disability or disease of a consumer; and
(c) whose purpose, or main purpose, is not a health service for the consumer.
"illness" means a physical, mental or emotional illness, and includes a suspected illness.
"immediate family member", of a consumer, means a person who—
(a) is—
(i) a parent of the consumer; or
(ii) a domestic partner of the consumer; or
(iii) an adult child or sibling of the consumer; or
Note For the meaning of domestic partner, see the Legislation Act, s 169.
(b) is a member of the same household as the consumer and is—
(i) another relative of the consumer; or
(ii) a close friend of the consumer.
"law of the Territory" does not include this Act or the common law.
"legally incompetent person" means a person who is subject—
(a) to an enduring power of attorney that has become operative; or
(b) otherwise than as a person under the age of majority to a guardianship order.
"legal representative", in relation to a deceased person, means a person—
(a) holding office as executor of the will of the deceased person where probate of the will has been granted or resealed in Australia; or
(b) holding office in Australia as administrator of the estate of the deceased person.
"order of a court of competent jurisdiction" includes a subpoena or similar process of such a court.
"parent", in relation to a person, includes a step-parent or adoptive parent of the person.
"personal information", in relation to a consumer, means any information, recorded or otherwise, about the consumer where the identity of the consumer is apparent, whether the information is—
(a) fact or opinion; or
(b) true or false.
"personal health information", of a consumer, means any personal information, whether or not recorded in a health record—
(a) relating to the health, an illness or a disability of the consumer; or
(b) collected by a health provider in relation to the health, an illness or a disability of the consumer.
"privacy principles "means the privacy principles under schedule 1.
"record" means a record in documentary or electronic form that consists of or includes personal health information in relation to a consumer (other than research material that does not disclose the identity of the consumer), and includes—
(a) a photograph or other pictorial or digital representation of any part of the consumer; and
(b) test results, medical imaging materials and reports, and clinical notes, relating to the consumer; and
(c) any part of a record; and
(d) a copy of a record or any part of a record.
"record keeper" means an entity that has possession or control of a health record.
"registration board" means a health profession board under the Health Professionals Act 2004.
"sibling", in relation to a person, means a brother, sister, half-brother, half-sister, adoptive brother, adoptive sister, stepbrother or stepsister of the person.
"treating health service provider", in relation to a consumer, means a health service provider who is involved in diagnosis, care or treatment of the consumer for the purpose of improving or maintaining the consumer's health.
"treating team", in relation to a consumer, means health service providers involved in diagnosis, care or treatment for the purpose of improving or maintaining the consumer's health for a particular episode of care, and includes—
(a) if the consumer named another health service provider as his or her current treating practitioner—that other health service provider; and
(b) if another health service provider referred the consumer to the treating team for that episode of care—that other health service provider.
"young person" means a person under 18 years of age, other than a person who is of sufficient age, and of sufficient mental and emotional maturity, to—
(a) understand the nature of a health service; and
(b) give consent to a health service.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
|
disallowed = disallowed by the Legislative |
(prev...) = previously |
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Assembly |
pt = part |
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div = division |
r = rule/subrule |
|
exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
Health Records (Privacy and Access) Act 1997 No 125
notified 24 December 1997 (Gaz 1997 No S420)
commenced 1 February 1998 (s 2)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 181
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 181 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Legislation Amendment Act 2002 No 11 pt 2.26
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.26 commenced 28 May 2002 (s 2 (1))
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.19
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75)
sch 1 pt 1.19 commenced 28 March 2003 (s 2)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.22
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.22 commenced 9 April 2004 (s 2 (1))
Health Professionals Legislation Amendment Act 2004 A2004-39 sch 5 pt 5.8
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))
sch 5 pt 5.8 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11)
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.30
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.30 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Health Records (Privacy and Access) Amendment Act 2005 A2005-4
notified LR 22 February 2005
s 1, s 2 commenced 22 February 2005 (LA s 75 (1))
remainder commenced 23 February 2005 (s 2)
Domestic Violence and Protection Orders Amendment Act 2005 A2005-13 sch 1 pt 1.11
notified LR 24 March 2005
s
1, s 2 commenced 24 March 2005 (LA s 75 (1))
sch 1 pt 1.11 commenced 25 March 2005 (s 2)
Human Rights Commission Legislation Amendment Act 2005 A2005-41 sch 1 pt 1.6 (as am by A2006-3 amdt 1.3)
notified LR 1 September 2005
s 1, s 2 commenced 1 September 2005 (LA s 75 (1))
amdts 1.92-1.95, amdt 1.97, amdt 1.100 commenced 23 February 2006 (s 2 (2) as am by A2006-3 amdt 1.3)
sch 1 pt 1.6 remainder commenced 1 November 2006 (s 2 (3) (as am by A2006-3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21)
Health Records (Privacy and Access) Amendment Act 2005 (No 2) A2005-63
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
s 19, sch 1 amdt 1.1 commenced 23 February 2006 (LA s 79A and A2005-41)
remainder commenced 17 January 2006 (s 2 and CN2006-1)
Human Rights Commission Legislation Amendment Act 2006 A2006-3 sch 1 pt 1.1, pt 1.3
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
sch 1 pt 1.1, pt 1.3 commenced 23 February 2006 (s 2)
Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.9
notified LR 17 November 2006
s 1, s 2 commenced 17 November 2006 (LA s 75 (1))
sch 2 pt 2.9 commenced 18 November 2006 (s 2 (1))
Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 3 pt 3.15
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.15 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.40
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.40 commenced 22 September 2009 (s 2)
Name of
Act
s 1 sub A2005-41 amdt
1.92
Commencement
s
2 om 2001 No 44 amdt 1.2068
Dictionary
s
4 defs reloc to dict A2005-41 amdt
1.94
sub A2005-41 amdt
1.95
def false
representation om A2005-63 amdt
1.3
def health record
om A2005-41 amdt 1.93
def
health service om A2005-41 amdt
1.93
def health service
provider om A2005-41 amdt
1.93
def immediate family
member am A2003-14 amdt 1.65,
amdt 1.66
om A2005-41 amdt
1.93
def medical board
sub A2004-39 amdt 5.12
om A2005-41
amdt 1.93 (as am by A2006-3 amdt
1.4)
def personal health
information om A2005-41 amdt
1.93
def record om
A2005-41 amdt 1.93
def record
keeper om A2005-41 amdt
1.93
def registration
board om A2005-41 amdt
1.93
def this Act om
2001 No 44 amdt 1.2069
Notes
s
4A ins A2005-41 amdt 1.95
Offences against Act—application of
Criminal Code etc
s 4B ins
A2005-41 amdt 1.95 (as am by A2006-3 amdt
1.5)
am A2005-63 amdt
1.1
The privacy
principles
s 5 am A2005-63 ss
4-7
privacy principles reloc to sch
1 by A2005-63 s 8
Consent by consumer to obtaining health
status report
s 7 sub A2005-63 s
9
Access otherwise than under pt
3
s 8 am A2005-63 s
10
Statement of principle regarding right of
access
s 10 am A2005-63 s
11
Response to request for
access
s 13 am A2005-4 s
4
sub A2005-63 s 12
Disclosure in accordance with
consent
s 13A ins A2005-63 s
12
Giving access to health
records
s 13B ins A2005-63 s
12
How access to health record
given
s 13C ins A2005-63 s
12
Access taken to have been
refused
s 13D ins A2005-63 s
12
No access to health record relating to
Children and Young People Act complaint
etc
s 14A hdg sub A2005-63 s
13
s 14A ins A2005-4 s
5
am A2005-63 s 14; A2008-20 amdt
3.29
No access to health record where risk to
life or health of consumer or another
person
s 15 am A2005-4 s
6
Refusal for risk to life or health of
consumer—offer by record
keeper
s 16 sub A2005-63 s
15
Refusal for risk to life or health of
consumer—nomination by
consumer
s 16A ins A2005-63 s
15
Record keeper to give nominated health
service provider health record
s
16B ins A2005-63 s 15
Functions of nominated health service
provider
s 16C ins A2005-63 s
15
Unsuitable consumer-nominated health service
provider
s 16D ins A2005-63 s
15
No access to health record where material
given in confidence
s 17 am
A2005-63 s 16
Complaints
pt
4 hdg sub A2005-41 amdt 1.96
Grounds for
complaint
s 18 sub A2005-41 amdt
1.96
Application of Community and Health
Services Complaints Act
1993
s 19 om A2005-41 amdt
1.96
Unlawfully requiring consent
etc
s 20 sub A2005-63 amdt
1.2
Destroying etc health records and related
material
s 21 sub A2005-63 amdt
1.2
Unlawfully requesting or obtaining access to
health records
s 22 sub A2005-63
amdt 1.2
People not to be unlawfully
penalised
s 23 sub A2005-41 amdt
1.97
Acts and omissions of
representatives
s 24 sub A2004-15
amdt 1.26
Miscellaneous
pt
6 note ins 2002 No 11 amdt 2.50
Legal professional privilege not affected by
this Act
s 28 om 2002 No 11 amdt
2.51
Jurisdiction of Magistrates
Court
s 31 am A2005-13 amdt 1.41,
amdt 1.42; A2005-41 amdt 1.98
Appeals
s
32 am A2004-60 amdt 1.156; ss renum R5 LA; A2009-20
amdt 3.96
Determination of
fees
s 34 sub 2001 No 44 amdt
1.2070
Approved
forms
s 35 sub 2001 No 44 amdt
1.2070
am A2005-41 amdt
1.99
Regulation-making
power
s 36 sub 2001 No 44 amdt
1.2070
am A2005-63 s 17; ss renum R9
LA
Transitional—Human Rights Commission
Legislation Amendment Act 2006
pt
10 hdg ins A2006-3 amdt 1.1
exp 24
February 2006 (s 51)
Transitional—effect of Health Records
(Privacy and Access) Amendment Act 2005 (No
2)
s 50 ins A2006-3 amdt
1.1
exp 24 February 2006 (s 51 (LA s
88 declaration applies))
Expiry—pt
10
s 51 ins A2006-3 amdt
1.1
exp 24 February 2006 (s
51)
Amendments of other
Acts
sch om 2001 No 44 amdt
1.2071
The privacy
principles
sch 1 hdg ins A2005-63
s 18
sch 1 privacy principles reloc
from s 5 by A2005-63 s 8
am A2006-46
amdt 2.26
Dictionary
dict ins
A2005-41 amdt 1.100
am A2005-63 s
19
def child reloc
from s 4 A2005-41 amdt 1.94
def
collector reloc from s 4 A2005-41 amdt
1.94
def commission
ins A2005-41 amdt 1.100 (om A2006-3
amdt 1.6)
ins A2005-41 amdt
1.100B (as ins by A2006-3 amdt
1.7)
def commissioner
reloc from s 4 A2005-41 amdt 1.94 (as am by A2006-3 amdt
1.4)
om A2005-41 amdt 1.100A (as ins
by A2006-3 amdt 1.7)
def
consent reloc from s 4 A2005-41 amdt
1.94
def consumer sub
A2005-63 s 20
reloc from s 4
A2005-41 amdt 1.94 (as am by A2006-3 amdt 1.4 and see amdt
1.6)
def deceased
consumer reloc from s 4 A2005-41 amdt
1.94
def destroy ins
A2005-63 s 21
reloc from s 4
A2005-41 amdt 1.94
def
disability reloc from s 4 A2005-41 amdt 1.94 (as am by A2006-3
amdt 1.4 and see amdt 1.6)
sub
A2005-41 amdt 1.100C (as ins by A2006-3 amdt
1.7)
def factual
matter reloc from s 4 A2005-41 amdt
1.94
def guardian sub
A2005-63 s 22
reloc from s 4
A2005-41 amdt 1.94 (as am by A2006-3 amdt 1.4 and see amdt
1.6)
am A2008-20 amdt
3.30
def health record
ins A2005-41 amdt 1.100
def
health service ins A2005-41 amdt
1.100
def health service
provider ins A2005-41 amdt
1.100
def health status
report reloc from s 4 A2005-41 amdt
1.94
def illness reloc
from s 4 A2005-41 amdt 1.94
def
immediate family member ins A2005-41 amdt
1.100
def law of the
Territory reloc from s 4 A2005-41 amdt
1.94
def legally incompetent
person reloc from s 4 A2005-41 amdt
1.94
def legal
representative reloc from s 4 A2005-41 amdt
1.94
def order of a court of
competent jurisdiction reloc from s 4 A2005-41 amdt
1.94
def parent reloc
from s 4 A2005-41 amdt 1.94
def
personal health information ins A2005-41 amdt
1.100
def personal
information reloc from s 4 A2005-41 amdt
1.94
def privacy
principles ins A2005-63 s
23
reloc from s 4 A2005-41 amdt
1.94
def record ins
A2005-41 amdt 1.100
def record
keeper ins A2005-41 amdt
1.100
def registration
board ins A2005-41 amdt
1.100
def sibling
reloc from s 4 A2005-41 amdt
1.94
def treating health
service provider reloc from s 4 A2005-41 amdt
1.94
def treating team
reloc from s 4 A2005-41 amdt
1.94
def young person
reloc from s 4 A2005-41 amdt 1.94
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
Act 2001 No 44 |
24 January 2002 |
|
2 |
Act 2002 No 11 |
30 May 2002 |
|
3 |
A2003-14 |
28 March 2003 |
|
4 |
A2004-15 |
9 April 2004 |
|
5 |
A2004-60 |
10 January 2005 |
|
6 |
A2005-4 |
23 February 2005 |
|
7 |
A2005-13 |
25 March 2005 |
|
8 |
A2005-13 |
7 July 2005 |
|
9 |
A2005-63 |
17 January 2006 |
|
10 |
A2006-3 |
23 February 2006 |
|
11 |
A2006-3 |
25 February 2006 |
|
12 |
A2006-3 |
1 November 2006 |
|
13 |
A2006-46 |
18 November 2006 |
|
14 |
A2008-20 |
27 October 2008 |
© Australian Capital Territory
2008