2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Health Records (Privacy and Access) Amendment Bill 2005

A Bill for
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.
Note	The 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
14A	No 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.
6	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	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005