HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 17 No access to health record where material given in confidence

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 17

    (1)     A record keeper must not give access to a health record or part of a health record if, under this section, the health record or part of the record is subject to confidentiality.

    (2)     A health record, or part of a health record, in relation to a consumer is subject to confidentiality if it consists of or includes material or information given in confidence, to the person who wrote the record, by a person other than—

        (a)     the consumer; or

        (b)     a guardian of the consumer; or

        (c)     a person with parental responsibility for the consumer; or

        (d)     a health service provider in the course of, or otherwise in relation to, the provider's treatment of the consumer.

    (3)     A health record, or part of a health record, in relation to a consumer is subject to confidentiality if—

        (a)     the consumer notifies a record keeper to the effect that the consumer wants the health record or part of the record, or information contained in the record or part, to remain confidential; and

        (b)     the record keeper marks the record or part of the record accordingly; and

        (c)     the consumer—

              (i)     becomes a legally incompetent person; or

              (ii)     dies.

    (4)     In subsection (3):

"consumer", for a consumer who has died, does not include a legal representative of the deceased consumer.