HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 27 Deceased consumers
HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 27
Deceased consumers(1) The privacy principles apply in relation to a deceased consumer, so far as they are reasonably capable of doing so, in the same way as they apply in relation to a consumer who is not deceased.
(2) Subject to subsection (3), where a consumer has died, a right or power conferred on consumers by a provision of this Act is exercisable in relation to the deceased consumer, so far as the circumstances reasonably permit, by a legal representative of the deceased consumer.
(3) A purported consent by a legal representative of a deceased consumer is void if, when giving it, the legal representative knows or believes it to be at variance with the wishes expressed, and not changed or withdrawn, by the consumer in the consumer's lifetime.