HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 13BA Giving access to health records—children and young people

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 13BA

    (1)     This section applies if a record keeper must give a child or young person access to a health record.

    (2)     Access to a health record must be given—

        (a)     if the record keeper has given a notice under section 13 (2) (d) (ii) and the fee stated in the notice has been paid—no later than the later of the following:

              (i)     1 week after the day the fee is paid;

              (ii)     30 days after the day the record keeper received the request for access to the health record; or

        (b)     if the record keeper has not given a notice under section 13 (2) (d) (ii)—no later than 30 days after the day the record keeper receives the request for access to the health record.

    (3)     However, before giving access to the record to a person (the relevant person ), the record keeper must take reasonable steps to require evidence of, and be satisfied about—

        (a)     the relevant person's identity; and

        (b)     if someone else has authorised the access to be given to the relevant person—the identity and authority of the other person; and

        (c)     if the consumer is a child or a young person who does not have sufficient maturity and developmental capacity to understand the nature of the young person's request to access the record and the nature of the record—the fact that the relevant person (or, if paragraph (b) applies, the person authorising the relevant person) is the person with parental responsibility for the child or young person.

    (4)     Before giving access to a relevant person who is a young person, the record keeper may require that the young person—

        (a)     meet with the record keeper so that the record keeper can explain the nature of the record to the young person; or

        (b)     consent to a person with parental responsibility for the young person attending that meeting.

    (5)     Before giving access to a relevant person who has parental responsibility for a young person, the record keeper may—

        (a)     require that the young person consent to the access; or

        (b)     discuss the access with the young person.

    (6)     If the record keeper requires evidence under this section before giving access to a health record and the evidence is not provided or does not satisfy the record keeper, the record keeper need not provide access to the health record.