HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 16D Unsuitable consumer-nominated health service provider

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

    (1)     This section applies if—

        (a)     a record keeper receives a notice under section 16A nominating a health service provider; and

        (b)     the record keeper believes, on reasonable grounds, that the nominated health service provider is not a suitable person to act as the nominated health service provider.

    (2)     Within 2 weeks after the day the record keeper receives the nomination, the record keeper may give the consumer a written notice stating that the record keeper objects to the nominated health service provider.

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

, pt 19.5.

    (3)     The notice—

        (a)     must state the ground of the objection; and

        (b)     may suggest the class of health service providers from which a health service provider should be nominated.

    (4)     However, the record keeper must not give a notice under subsection (2)—

        (a)     if—

              (i)     the health service provider who wrote the health record is registered with a registration board; and

              (ii)     the nominated health service provider is registered by the same board; or

        (b)     if the nominated health service provider is registered with the registration board established for the medical profession (other than as a student) and has the ability to understand and interpret the health record; or

        (c)     if the nominated health service provider—

              (i)     provides the same kind of service as the health service provider who wrote the health record; and

              (ii)     has the ability to understand and interpret the health record.

    (5)     In this section:

"registration board" means a national board established under the Health Practitioner Regulation National Law (ACT)

, section 31.