42Functions of nominated health service provider

42 Functions of nominated health service provider (1) Subject to subsection (2), the functions of a nominated health service provider are— (a) to notify the individual that the provider will discuss with the organisation the basis for the refusal of access by the organisation; and (b) to contact the organisation that refused access in order to discuss the nature of its concerns; and (c) to form an opinion on the validity or otherwise of the refusal to provide the individual with access on the ground that providing access would pose a serious threat to the life or health of the individual; and (d) if the nominated health service provider thinks it appropriate to do so, to explain the grounds of the claim to the individual; and (e) if the nominated health service provider thinks it appropriate to do so, to discuss the content of the health information with the individual; and (f) if the provider is satisfied that to do so would not constitute a serious threat to the life or health of the individual, to allow the individual to inspect the health information or, if the individual so wishes and the organisation agrees, to have a copy of it; and (g) if the provider is not so satisfied, to decline to allow the individual to have access to the health information. (2) A nominated health service provider must not disclose to the individual any health information to which access has been refused under this Part or HPP 6 on any ground other than the ground referred to in section 36. (3) The nominated health service provider may charge the individual a fee (not exceeding the prescribed maximum fee) for performing the functions set out in subsection (1). (4) For the avoidance of doubt it is declared that the act of forming an opinion in the exercise by a nominated health service provider of a function under subsection (1)(c) is not an interference with the privacy of the individual to whom the information relates.