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Health Records (Privacy and Access) Act 1997
13DAccess taken to have been refused
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13D Access taken to have been refused
A record keeper is taken to have refused access to a health record—
(a) if the record keeper fails to comply with a requirement of—
(i) section 13 (Response to request for access); or
(ii) section 13A (Disclosure in accordance with consent); or
(iii) section 13B (Giving access to health records—generally);
or
(iv) section 13C (How access to health record given); or
(b) if the record keeper has given a notice under section 13C (2) (a)
about the record—
(i) if the notice does not state a date and time that is reasonable
for making the record or print-out available for inspection
by the consumer; or
(ii) if the record keeper unreasonably fails to make the record
or print-out available to the consumer for inspection in
accordance with the notice; or
(c) if the record keeper has given a notice under section 13C (2) (c)
(i) about the record—
(i) if the notice does not state a time that is reasonable for the
record keeper to be available; or
(ii) if the record keeper unreasonably fails to explain the
content of the record in accordance with the notice; or
(d) if the record keeper has given a notice under section 13C (2) (c)
(ii) about the record—if the health service provider named in the
notice unreasonably fails—
(i) to make an arrangement with the consumer to explain the
content of the record; or
(ii) to comply with an arrangement made to explain the content
of the record.