Health Records (Privacy and Access) Act 1997
16November 2025. It also includes any commencement, amendment, repeal or expiry affecting
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16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
contents 1 Page 1 Name of Act 2 3 Objects of Act 2 4 Dictionary 2 4A Notes 3 4B Offences against Act—application of Criminal Code etc 3 5 The privacy principles 4 6 Compliance with privacy principles 4 7 Consent by consumer to obtaining health status report 4
Page contents 2 Health Records (Privacy and Access) Act 1997 8 Access otherwise than under pt 3 6 9 Pt 3 not to prevent alternative arrangements 6 10 Statement of principle regarding right of access 7 10A Statement of principle regarding right of access—children and young people 9 11 Provision of health services and keeping of records—terms and conditions 10 12 Requests for access 11 13 Response to request for access 12 13A Disclosure in accordance with consent 13 13B Giving access to health records—generally 14 13BA Giving access to health records—children and young people 15 13C How access to health record given 17 13D Access taken to have been refused 18 14 Grounds for nonproduction 19 14A No access to health record relating to Children and Young People Act complaint etc 20 15 No access to health record where risk to life or health of consumer or another person 21 16 Refusal for risk to life or health of consumer—offer by record keeper 21 16A Refusal for risk to life or health of consumer—nomination by consumer 22 16B Record keeper to give nominated health service provider health record 23 16C Functions of nominated health service provider 23 16D Unsuitable consumer-nominated health service provider 24 17 No access to health record where material given in confidence 25 Part 4 Complaints 18 Grounds for complaint 27 20 Unlawfully requiring consent etc 28 21 Destroying etc health records and related material 29 22 Unlawfully requesting or obtaining access to health records 29 23 People not to be unlawfully penalised 30 24 Acts and omissions of representatives 31