sec.76Health providers to give information

### sec.76 Health providers to give information The purpose of this section is to ensure— a guardian or attorney who has power for a health matter for an adult has all the information necessary to make an informed exercise of the power; and the tribunal, in deciding whether to consent to special health care for an adult with impaired capacity for a special health matter, has all the information necessary to make an informed decision. At the guardian’s or attorney’s request, a health provider who is treating, or has treated, the adult must give information to the guardian or attorney unless the health provider has a reasonable excuse. At the tribunal’s request, a health provider who is treating, or has treated, the adult must give information to the tribunal unless the health provider has a reasonable excuse. The information to be given by a health provider who is treating, or has treated, the adult includes information about— the nature of the adult’s condition at the time of the treatment; and the particular form of health care being, or that was, carried out; and the reasons why the particular form of health care is being, or was, carried out; and the alternative forms of health care available for the condition at the time of the treatment; and the general nature and effect of each form of health care at the time of the treatment; and the nature and extent of short-term, or long-term, significant risks associated with each form of health care; and for a health provider who is treating the adult—the reasons why it is proposed a particular form of health care should be carried out. If a health provider does not comply with a request by a guardian or attorney to give information, the tribunal may, on application by the guardian or attorney, order the health provider to give the information to the guardian or attorney. If the tribunal orders a health provider to give information, the health provider must comply with the order, unless the health provider has a reasonable excuse. It is a reasonable excuse for a health provider to fail to give information because giving the information might tend to incriminate the health provider. Subject to subsection (7) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege. This section does not limit— a guardian’s right to information under section 44 ; or the tribunal’s right to information under section 130 ; or an attorney’s right to information under the Powers of Attorney Act 1998 , section 81 . In this section— attorney means an attorney under an enduring document or a statutory health attorney. s 76 amd 2003 No. 87 s 14 (sec.76-ssec.1) The purpose of this section is to ensure— a guardian or attorney who has power for a health matter for an adult has all the information necessary to make an informed exercise of the power; and the tribunal, in deciding whether to consent to special health care for an adult with impaired capacity for a special health matter, has all the information necessary to make an informed decision. (sec.76-ssec.2) At the guardian’s or attorney’s request, a health provider who is treating, or has treated, the adult must give information to the guardian or attorney unless the health provider has a reasonable excuse. (sec.76-ssec.3) At the tribunal’s request, a health provider who is treating, or has treated, the adult must give information to the tribunal unless the health provider has a reasonable excuse. (sec.76-ssec.4) The information to be given by a health provider who is treating, or has treated, the adult includes information about— the nature of the adult’s condition at the time of the treatment; and the particular form of health care being, or that was, carried out; and the reasons why the particular form of health care is being, or was, carried out; and the alternative forms of health care available for the condition at the time of the treatment; and the general nature and effect of each form of health care at the time of the treatment; and the nature and extent of short-term, or long-term, significant risks associated with each form of health care; and for a health provider who is treating the adult—the reasons why it is proposed a particular form of health care should be carried out. (sec.76-ssec.5) If a health provider does not comply with a request by a guardian or attorney to give information, the tribunal may, on application by the guardian or attorney, order the health provider to give the information to the guardian or attorney. (sec.76-ssec.6) If the tribunal orders a health provider to give information, the health provider must comply with the order, unless the health provider has a reasonable excuse. (sec.76-ssec.7) It is a reasonable excuse for a health provider to fail to give information because giving the information might tend to incriminate the health provider. (sec.76-ssec.8) Subject to subsection (7) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege. (sec.76-ssec.9) This section does not limit— a guardian’s right to information under section 44 ; or the tribunal’s right to information under section 130 ; or an attorney’s right to information under the Powers of Attorney Act 1998 , section 81 . (sec.76-ssec.10) In this section— attorney means an attorney under an enduring document or a statutory health attorney. - (a) a guardian or attorney who has power for a health matter for an adult has all the information necessary to make an informed exercise of the power; and - (b) the tribunal, in deciding whether to consent to special health care for an adult with impaired capacity for a special health matter, has all the information necessary to make an informed decision. - (a) the nature of the adult’s condition at the time of the treatment; and - (b) the particular form of health care being, or that was, carried out; and - (c) the reasons why the particular form of health care is being, or was, carried out; and - (d) the alternative forms of health care available for the condition at the time of the treatment; and - (e) the general nature and effect of each form of health care at the time of the treatment; and - (f) the nature and extent of short-term, or long-term, significant risks associated with each form of health care; and - (g) for a health provider who is treating the adult—the reasons why it is proposed a particular form of health care should be carried out. - (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and - (b) any claim of confidentiality or privilege. - (a) a guardian’s right to information under section 44 ; or - (b) the tribunal’s right to information under section 130 ; or - (c) an attorney’s right to information under the Powers of Attorney Act 1998 , section 81 .