Australian Capital Territory
Health Records (Privacy and Access) (Fees) Determination 2011 (No 1)
Disallowable instrument DI2011–1
made under the 
Health Records (Privacy and Access) Act 1997, s 34

1	Name of instrument
This instrument is the Health Records (Privacy and Access) (Fees) Determination 2011 (No 1).
2	Commencement 
This instrument commences on the day after notification. 
3	Payment of Fees
The determined fees mentioned in the schedule for a service are payable to the health service provider or record keeper by the person to whom the service is provided.
4	Waiver
A person to whom a fee is payable may waive the fee in part or in full if the person is satisfied that:
(a)	the fee would result in hardship; or 
(b)	it would otherwise be unreasonable to charge the fee.  
5	Discount
The determined fees for health card holders is 50% of the fees mentioned in the Schedule.
6	Revocation
This instrument revokes DI2009-170.

7	Schedule of fees
The fee for a service listed in an item in column 1 of the schedule is the amount listed in column 2 for the item.   The fee is exempt from GST under Division 81 of the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). 

Katy Gallagher MLA
Minister for Health

31 December 2010
Fees for consumer access to health records 
		
(a) To view a health record under the Act, section 13C(2)(a).	A fee of $12.50	
		
(b) Provision of a copy of a health record up to 50 pages inclusive of any search fee under the Act, section 13C(2)(b)(i).	A fee of $35.00	
		
(c) Provision of a copy of a health record for health records containing more than 50 pages inclusive of any search fee under the Act, section 13C(2)(b)(i).	A fee of $35.00
plus an additional 25 cents per page charged for each page copied over 50 pages	
		
(d) Provision of an accurate summary of a health record under the Act, section 13C(2)(b)(ii), or a written summary of a health record under the Act, section 13C(2)(b)(iii).    	A fee of $72.00

(e) To view a health record and have its contents explained by a health service provider under the Act, section13(C)(2)(c), or to discuss the health record with a health service provider, under the Act, section 16(2) or section 16(C).	A fee equal to the health service providers usual consultation fee	
		
Fees for access to health records by solicitor and insurer		
		
(f) For fees for access to health records by a consumer’s solicitor or insurer - see fees determined under section 192 of the Health Act 1993.		
		
Fees for transfer of health records under Principle 11 of the Act–Relocation and closure of health service practice		
		
(g) When a health service provider notifies of a practice closure or relocation and transfers the health records or copy of the health records to another health service provider or record keeper.	No Fee	
		
(h) When a health service provider notifies of a practice closure or relocation and transfers a copy of a health record at the request of the consumer to the consumer or another health service provider nominated by the consumer.	A fee of $35.00
plus an additional 25 cents per page charged for each page copied over 50 pages	
		
(i) When a health service provider notifies of a practice closure or relocation and transfers a written summary of a health record at the request of the consumer to the consumer or another health service provider nominated by the consumer.	A fee of $72.00 plus the cost of actual postage

(j) When a health service provider notifies of a practice closure or relocation and chooses to transfer an original health record at the request of the consumer to the consumer or another health service provider nominated by the consumer.	The cost of actual postage

Fees for transfer of health records under Principle 12 of the Act–consumer transfers to another health service provider or health service provider transfers to another practice		
		
(k) Provision of a health record or copy of a health record inclusive of any search fee at the request of the consumer. 	A fee of $12.50 plus the cost of actual postage	
		
(l) Provision of a written summary of a health record at the request of the consumer.	A fee of $72.00