Health Records (Privacy and Access) Amendment Act 2005 (ACT)

Health Records (Privacy and Access) Amendment Act 2005

A2005-4

An Act to amend the Health Records (Privacy and Access) Act 1997

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Health Records (Privacy and Access) Amendment Act 2005.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Health Records (Privacy and Access) Act 1997.

4. Response to request
   Section 13 (2) (c)

   substitute

   (c)if the record keeper is prohibited from giving access to the record or a part of the record on a ground mentioned in section 14A, section 15 or section 17—give a notice in writing to the consumer stating the ground on which the record keeper is prohibited from giving access.

5. New section 14A

   insert

14ANo access to health record relating to Children and Young People Act complaint

A record keeper must not give access to a health record or part of a health record under section 10 if—

(a)the record or part of a record relates to a report under the Children and Young People Act 1999, section 158 or section 159; and

(b)either—

(i)the record or part of a record identifies the person who made the report; or

(ii)the record keeper is satisfied that the record or part of the record allows the identity of the person who made the report to be worked out.

1. No access to health record where risk to life or health of consumer or another person
   Section 15

   after

   part of a health record

   insert

   under section 10

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 15 February 2005.

2. Notification

   Notified under the Legislation Act on 22 February 2005.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Health Records (Privacy and Access) Amendment Bill 2005, which was passed by the Legislative Assembly on 17 February 2005.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2005