South Australian Consolidated Regulations South Australian Consolidated Regulations9—Regulation of access to reassignment records
(1) This regulation
applies to the following records kept by a hospital or by a person who carries
out, or proposes to carry out, a reassignment procedure or who provides, or
proposes to provide, associated treatment:
(a)
records relating to the mental condition of a person who proposes to undergo,
is undergoing, or has undergone a reassignment procedure;
(b)
records relating to the personal circumstances or lifestyle of such a person;
(c)
records relating to the procedures or treatment that such a person is to
undergo, is undergoing, or has undergone.
(2) A person must not
inspect, copy or remove a record (or any part of a record) to which this
regulation applies unless—
(a) the
person is the person to whom the record relates; or
(b) in
the case of a record that relates to a child—the person is the guardian
of the child; or
(c) the
person is acting with the consent of the person to whom the record relates or,
in the case of a record that relates to a child, the person is acting with the
consent of the guardian of the child; or
(d) the
person is a medical practitioner or other person who is treating the person to
whom the record relates; or
(e) the
person is acting under the authority of a medical practitioner who is treating
the person to whom the record relates; or
(f) the
person is acting in the course of official duties as an officer or member of
the staff of the hospital or other place where the record is being kept; or
(g) the
person is acting in the course of official duties as an officer or employee of
the administrative unit of the Public Service for which the Minister is
responsible; or
(h) the
person is acting under the authority of the Minister for research purposes; or
(i)
the person is acting under the authority of the Medical
Board established under the Medical Practitioners Act 1983 ; or
(j) the
person is acting in the course of official duties as a member of a law
enforcement or prosecution authority of the State; or
(k) the
person is acting under an authority given by a court or tribunal constituted
by law; or
(l) the
person is a magistrate authorised under the Act to issue recognition
certificates, or is a person acting under the authority of such a magistrate;
or
(m) the
person is otherwise authorised to inspect, copy or remove the record under any
Act or law.
Maximum penalty: $2 000.