17No access to health record where material given in

17 No access to health record where material given in confidence (1) A record keeper must not give access to a health record or part of a health record if, under this section, the health record or part of the record is subject to confidentiality. (2) A health record, or part of a health record, in relation to a consumer is subject to confidentiality if it consists of or includes material or information given in confidence, to the person who wrote the record, by a person other than— (a) the consumer; or (b) a guardian of the consumer; or (c) a person with parental responsibility for the consumer; or (d) a health service provider in the course of, or otherwise in relation to, the provider’s treatment of the consumer. (3) A health record, or part of a health record, in relation to a consumer is subject to confidentiality if— (a) the consumer notifies a record keeper to the effect that the consumer wants the health record or part of the record, or information contained in the record or part, to remain confidential; and (b) the record keeper marks the record or part of the record accordingly; and (c) the consumer— (i) becomes a legally incompetent person; or (ii) dies. (4) In subsection (3): consumer, for a consumer who has died, does not include a legal representative of the deceased consumer. Complaints Part 4