Landlord and Tenant (Distress for Rent—Health Records Exemption) Amendment Act 2008 (SA)

South Australia

Landlord and Tenant (Distress for Rent—Health Records Exemption) Amendment Act 2008

An Act to amend the Landlord and Tenant Act 1936.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Landlord and Tenant (Distress for Rent—Health Records Exemption) Amendment Act 2008.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Landlord and Tenant Act 1936

3—Amendment of section 13—Interpretation

Section 13—after definition of immediate tenant insert:

health practitioner means a person registered under the—

1. (a)

   Chiropractors Act 1991; or

2. (b)

   Dental Practice Act 2001; or

3. (c)

   Medical Practice Act 2004; or

4. (d)

   Optometry Practice Act 2007; or

5. (e)

   Physiotherapy Practice Act 2005; or

6. (f)

   Podiatry Practice Act 2005; or

7. (g)

   Psychological Practices Act 1973,

and includes a person formerly registered under an Act listed in paragraphs (a) to (g) (inclusive);

record means—

1. (a)

   a documentary record; or

2. (b)

   a record made by electronic, electromagnetic, photographic or optical process; or

3. (c)

   any other kind of record.

4—Insertion of section 43A

After section 43 insert:

43A—Exemption of records of health practitioner

1. (1)

   A record of a health practitioner prepared or held in the course of, or for the purpose of, that practitioner's work as a practitioner is exempted from distress for rent.

2. (2)

   If, prior to the commencement of this section, a landlord distrained for rent a record of the kind referred to in subsection (1), the landlord must—

   1. (a)

      unless a direction is given under paragraph (b), take reasonable steps to return the record to the health practitioner to whose practice the record relates; or

   2. (b)

      if directed to do so by the Minister for Health, deliver the record to a person nominated by the Minister for Health.