Australian Capital Territory Numbered Acts

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 (NO 125 OF 1997)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Health Records (Privacy and Access) Act 1997.  
   2.      This Act commences on 1 February 1998.  
   3.      The objects of this Act are—  
   4.      In this Act, unless the contrary intention appears—“child”, in relation to a person, includes an adopted child or step-child of the person; “collector” means a person who, in the course of his or her profession, employment or official duty, collects personal health information; “Commissioner” means the Community and Health Services Complaints Commissioner appointed under section 8 of the Community and Health Services Complaints Act 1993; “consent” includes implied consent; “consumer” means an individual—  

   PART II--PRIVACY PROVISIONS

   5.      Subject to this Act, the following Privacy Principles have the force of law:  

   PART III--ACCESS TO PERSONAL HEALTH INFORMATION

   14.     The grounds for non-production of the whole or any part of a health record are as follows:  
   15.     A record-keeper shall not give access to a health record or part of a health record if the record-keeper believes, on reasonable grounds, that the provision of information in the record or part of the record would constitute a significant risk to the life or the physical, mental or emotional health of—  

   PART IV--COMPLAINTS AND REQUESTS TO REVIEW

   PART V--OFFENCES

   22.     A person shall not, by any unlawful threat or intimidation, or by any false representation, request or obtain access to a health record.  

   PART VI--MISCELLANEOUS

   25.     Subject to this Act, where a consumer is a young person, a right or power conferred on consumers by this Act—  
   28.     Despite any other section, this Act does not—  
   29.     If a person takes any action in respect of, or in consequence of having received—  
   30.     If a record-keeper lacks the skill or training necessary to perform a function under this Act, the record-keeper shall, for the purpose of performing the function, obtain and act on the advice, in respect of the function, of a person possessing such skill and training.  
   34.     The Minister may, by notice in the Gazette, determine fees for the purposes of this Act.  
   36.     The Acts specified in the Schedule are amended as set out in the Schedule.  
   37.     This Act shall not be read as affecting, except to the extent that it does so expressly or by necessary implication, the operation of a law of the Territory that relates to access to, or privacy or confidentiality in relation to, a document or a kind or class of document.  
           SCHEDULE