HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 16A Refusal for risk to life or health of consumer—nomination by

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 16A

    (1)     This section applies if—

        (a)     a record keeper has given a notice under section 13 (2) (c) about a health record on the ground mentioned in section 15 (a); and

        (b)     any of the following apply:

              (i)     the record keeper has not made an offer under section 16;

              (ii)     the record keeper has made an offer under section 16 but the consumer has not accepted it;

              (iii)     the consumer has had a discussion with the health service provider named by the record keeper in an offer under section 16, but is not satisfied with the outcome of the discussion.

    (2)     The consumer may give a written notice (a nomination ) to the record keeper nominating a health service provider for this section if the health service provider has consented to being nominated.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (3)     The nomination lapses if—

        (a)     the record keeper gives the consumer a notice under section 16B about the health record; or

        (b)     the nominated health service provider—

              (i)     dies or otherwise stops being a health service provider; or

              (ii)     refuses to act or fails to act within a reasonable time.

    (4)     If a nomination lapses, the consumer may make another nomination under this section.