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Health Records (Privacy and Access) Act 1997
16ARefusal for risk to life or health of consumer—nomination
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16A Refusal for risk to life or health of consumer—nomination
by consumer
(a) a record keeper has given a notice under section 13 (2) (c) about
a health record on the ground mentioned in section 15 (a); and
(b) any of the following apply:
(i) the record keeper has not made an offer under section 16;
(ii) the record keeper has made an offer under section 16 but
the consumer has not accepted it;
(iii) the consumer has had a discussion with the health service
provider named by the record keeper in an offer under
section 16, but is not satisfied with the outcome of the
discussion.
(2) The consumer may give a written notice (a nomination) to the record
keeper nominating a health service provider for this section if the
health service provider has consented to being nominated.
(3) The nomination lapses if—
(a) the record keeper gives the consumer a notice under section 16B
about the health record; or
(b) the nominated health service provider—
(i) dies or otherwise stops being a health service provider; or
(ii) refuses to act or fails to act within a reasonable time.
(4) If a nomination lapses, the consumer may make another nomination
under this section.