Australian Capital Territory
Explanatory Statement
Health Records (Privacy and Access) (Fees) Determination 2009 (No 1)
Disallowable instrument DI2009–170
made under the 
Health Records (Privacy and Access) Act 1997, s 34

This Determination of Fees revokes and replaces the Determination of Fees DI2008-186, dated 15 July 2008.

The Determination comes into effect on 1 August 2009 and reproduces Determination DI2008-186 except for:

•	Items in attachment A have been increased by the estimated 2009-10 Wage Price Index (3.5%) rounded to the nearest dollar; and
•	the date of effect.

Attachment A

1 JULY 2009 - ANNUAL INCREASE OF FEES & CHARGES	
											
Item			Old	New	Including		Additional	
						Charge	Charge	GST		 Charges	
Fees for consumer access to health records							
(a)	To view a record pursuant to section 13C(2)(a) of the Act.		$          11.00 	 $         12.00 	n/a			
											
(b)	Provision of a grey scale copy of a health record pursuant to section 13C(2)(b)(i) of the Act up to 50 pages inclusive of any search fee other than a request by a consumer to provide access to their solicitor or insurer.		 $         33.00 	 $         34.00 	n/a			
											
(c)	 Provision of a copy of a health record pursuant to section 13C(2)(b)(i) of the Act for health records containing more than 50 pages inclusive of any search fee other than a request by a consumer to provide access to their solicitor or insurer.		$          33.00 	 $         34.00 	n/a		plus an additional 20 cents per page charged for each page copied over 50 pages.	
											
(d)	Provision of a written summary of a health record in accordance with section 13C(2)(b)(ii) or (iii).		 $         68.00 	 $         70.00 	n/a			
											
(e)	Provision of a copy of a record where the record is or contains an image of a hardcopy which is owned by the record keeper (ie where the service has not been paid for by the health consumer.)		$          11.00 	 $         12.00 	n/a		plus the costs incurred by the health service provider to copy the image.	
											
(f)	A request to view a record and have its contents explained pursuant to section 13C(2)(c) of the Act, or the acceptance of an offer from the record keeper to discuss the record with the health consumer pursuant to section 16(2) or section 16C of the Act.		 A fee equal to the health service providers usual consultation fee 	 A fee equal to the health service providers usual consultation fee 	n/a			
											
Fees for access to health records by solicitor and insurer					
	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 12					
	Provision of a health record or a copy of a health record (including a written summary if provided) pursuant to Principle 12 of the Act inclusive of any search fee. 		$          11.00 	 $         12.00 	n/a		plus the cost of actual postage.