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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
Page
contents 3
25 Children and young people 33
26 Legally incompetent persons 33
27 Deceased consumers 33
29 Defect or invalidity—protection if person acts in good faith etc 34
30 Unqualified record keeper to obtain and act on expert advice 34
31 Jurisdiction of Magistrates Court 35
32 Appeals 36
33 Court orders under other laws 36
34 Determination of fees 37
36 Regulation-making power 37
37 Saving 37
Schedule 1 The privacy principles 38
Dictionary 62
1 About the endnotes 68
2 Abbreviation key 68
3 Legislation history 69
4 Amendment history 74
5 Earlier republications 80
An Act to provide for the privacy and integrity of, and access to, personal health
information, and for related purposes