HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 11 Provision of health services and keeping of records—terms and

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 11

    (1)     It is a term of a contract, whether oral or in writing, for the provision of a health service to a consumer that the health service provider will allow the consumer to have access, in accordance with this Act, to a health record relating to the consumer that relates to, or is made in consequence of the provision of, the service.

    (2)     Subsection (1) applies to a contract—

        (a)     only if the contract is made on or after the date of commencement of this Act, and at least 1 of the following circumstances applies:

              (i)     the contract is made in the ACT;

              (ii)     the contract has been, or is to be, performed wholly or partly in the ACT;

              (iii)     the consumer is present, or resides, in the ACT when the contract is made; and

        (b)     whether or not the consumer is a party to the contract.

    (3)     Where a health record relating to a consumer is kept or located in the ACT, the record keeper must allow the consumer to have access, in accordance with this Act, to the record.

    (4)     Where a health service provider provides a health service to a consumer, the provider must allow the consumer to have access, in accordance with this Act, to a health record relating to the consumer that relates to, or is made in consequence of the provision of, the service.

    (5)     The application of subsection (3) or (4) in a particular instance is not affected by the application or otherwise of subsection (1) in that instance.

    (6)     For this section, it is immaterial whether—

        (a)     the health service in question was provided in the ACT; or

        (b)     except in the case of subsection (3)—the health record in question is kept or located in the ACT.

    (7)     If a contract or other agreement purports to exclude, or is inconsistent with, a provision of this section, the contract or agreement is, to that extent, void.

    (8)     This section applies subject to section 10.