HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 13C How access to health record given

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

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

    (2)     Access to the health record must be given as follows:

        (a)     for a request to inspect the record or, if the health record is stored in electronic form, a print-out of the record—by making the record or print-out available to the consumer at a time, and at a place in the ACT, stated in a written notice given to the consumer;

        (b)     for a request to receive a copy of the record—by giving the consumer—

              (i)     a copy of the record; or

              (ii)     if the consumer agrees—an accurate summary of the record; or

              (iii)     if the record, or part of the record, was made before the commencement of this Act and the record keeper does not give a copy of the record to the consumer—a written summary of the factual matters contained in the record or part of the record;

        (c)     for a request to view the record and have its content explained—by giving the consumer a written notice stating—

              (i)     if the record keeper is a suitably qualified health service provider, and is willing to do so—that the record keeper will be available to explain the record at a time, and at a place in the ACT, stated in the notice; or

              (ii)     in any other case—the name and address of a suitably qualified health service provider who practises in the ACT and will be available in the ACT with the record, by arrangement with the consumer, to explain the record.

Note     A fee may be determined under s 34 for this provision.