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Health Records (Privacy and Access) Act 1997
13Response to request for access
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13 Response to request for access
(1) This section—
(a) applies if a record keeper receives a request for access to a health
record under section 12; but
(b) does not apply to an oral request if the record keeper has asked
under section 12 (3) (a) for the request to be made in writing.
(2) Within 2 weeks after the day the record keeper receives the request,
the record keeper must—
(a) if the health services commissioner is the record keeper and
refers the request to a health service provider under
section 10 (5)—give the consumer written notice that the
request has been referred to the health service provider who
prepared the health record; or
(b) if the record keeper relies on a ground mentioned in section 14
for nonproduction of the record or part of the record—give the
consumer written notice that the record keeper will not give
access to the record; or
(c) if the record keeper is prohibited from giving access to the
record or part of the record under section 14A, section 15 or
section 17—give the consumer written notice that the record
keeper is prohibited from giving access to the record; or
(d) either—
(i) give access to the record in accordance with section 13A;
or
(ii) if a fee has been determined under section 34 for access—
give the consumer written notice that the record keeper will
give access to the record on payment of a stated fee that is
not more than the determined fee.
(3) A notice under subsection (2) (b) must state the ground on which the
record keeper relies for nonproduction of the record or part of the
(4) A notice under subsection (2) (c) must state the section under which
the record keeper is prohibited from giving access to the record or
part of the record.
(5) If the record keeper gives a notice under subsection (2) (b) or (c) that
relates to only part of the record, the record keeper must comply with
subsection (2) (d) in relation to the rest of the record.