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Health Records (Privacy and Access) Act 1997
2A collector must not collect personal health information by unlawful
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2 A collector must not collect personal health information by unlawful
or unfair means.
3 Where personal health information or health records are required to
be collected by someone as part of their employment for the
management, funding or quality of a health service received by the
consumer, then that person is allowed access to the information only
for those purposes, unless these principles otherwise provide.
Principle 2: Purpose of collection of personal health information
to be made known
1 Subject to clause 2 of this principle, where—
(a) a collector collects personal health information for inclusion in
a health record or in a generally available publication; and
(b) the information is solicited by the collector from the consumer
concerned;
the collector must take such steps (if any) as are reasonable in the
circumstances to ensure that, before the information is collected or, if
that is not practicable, as soon as practicable after the information is
collected, the consumer is generally aware of—
(c) the purpose for which the information is being collected; and
(d) if the collection of the information is required or authorised by
law—the fact that the collection of the information is so required
or authorised; and
(e) unless it is obvious from the circumstances of any health service
provided—the identity of all members of the treating team who
will have access to the consumer’s personal health information;
and
(f) the identity of any person to whom, or agency to which, the
collector would, in accordance with the collector’s usual
practice, disclose the information for inclusion in a health record
or in a generally available publication; and
(g) if it is, to the knowledge of the collector, the usual practice of
any such person or agency to pass on such information to other
persons or agencies—the identity of each of those other persons
or agencies.
2 The collector is not required to notify the consumer of the identity of
individuals, or classes of individuals, who are employed by the
collector and who are required for the management, funding or
quality of the health service received by the consumer to handle
health records or personal health information as part of their
employment.
Principle 3: Solicitation of personal health information generally
Where—
(a) a collector collects personal health information about a
consumer for inclusion in a record or in a generally available
publication; and
(b) the information is solicited by the collector;
the collector must take such steps (if any) as are reasonable in the
circumstances to ensure that, having regard to the purpose for which
the information is collected—
(c) the information is relevant, up to date and accurate; and
(d) the collection of the information does not intrude to an
unreasonable extent upon the personal affairs of the consumer.
Principle 4.1: Storage, security and destruction of personal health
information—safekeeping requirement
ensure that—
(a) the record is protected, by reasonable security safeguards,
against each of the following:
(i) loss;
(ii) unauthorised access, use, modification or disclosure;
(iii) other misuse; and
(b) if the record is given to another entity—everything reasonably
within the power of the record keeper is done to prevent
unauthorised use or disclosure of any information contained in
the record.
2 A record keeper must keep, and must not destroy, a health record
about a consumer, even if it is later found or claimed to be inaccurate.
3 However, clause 2 does not apply to the destruction of a health record
about a consumer if—
(a) the destruction is required or allowed under a law of the
Territory; or
Note Law of the Territory—see dict.
(b) the destruction is not prohibited under any other law and
happens after—
(i) if the consumer is under 18 years old when the information
is collected—the day the consumer turns 25 years old; or
(ii) if the consumer is an adult when the information is
collected—7 years after the day a service was last provided
to the consumer by the record keeper; or
(c) an electronic copy of the record has been generated—
(i) by a method described in the Electronic Transactions
Act 2001, section 11 (2) (b); and
(ii) when the record is destroyed it is reasonable to expect that
the information contained in the electronic copy will be
readily accessible so as to be useable for subsequent
reference; or
Note The Electronic Transactions Act 2001, section 11 (Retention of
information and documents) provides that, if a person is required
to retain a document, the requirement is taken to be met if the
person retains an electronic form of the document.
(d) the record is a video recording of images captured by an
automated security or surveillance camera (surveillance
footage) located at premises from which a health service
provider provides services or in an area surrounding the
premises.
Example—surveillance footage
a recording of images captured by a closed-circuit television security camera
4 In this principle:
surveillance footage—
(a) includes an automated video recording made for the purposes of
security, public safety, monitoring of activities or community
education; but
(b) does not include a video recording, whether or not automated,
made for the purpose of a clinical procedure or investigation.
Examples—par (b)
1 a video recording of a surgery made for quality assurance
2 an automated video recording monitoring use of an MRI machine
Principle 4.2: Storage, security and destruction of personal health
information—register of destroyed or transferred
records
1 A record keeper must keep a register of records that have been
destroyed or transferred to another entity.
Note Entity includes a person (see Legislation Act, dict, pt 1).
2 The register must identify the following for records that have been
destroyed or transferred:
(a) the consumer to whom the record relates;
(b) the period of time the record covers;
(c) for a destroyed record—the date the record was destroyed;
(d) for a transferred record—the entity to which the record has been
transferred.
3 A record keeper need not keep a record on the register under clause 1
for longer than 7 years after the day the record is made.
4 A record keeper need not keep a record on the register under clause 1
if the record destroyed is surveillance footage.
5 In this principle:
surveillance footage—see principle 4.1, clause 4.
Principle 4.3: Storage, security and destruction of personal health
information—destruction of health information
1 Health information may be kept by a health service provider if it is
needed for the purpose for which it was collected, or another purpose
allowed under a law of the Territory, even if its destruction is allowed
under principle 4.1.
2 An entity other than a health service provider must take reasonable
steps to destroy, or permanently deidentify, health information if it is
no longer needed for the purpose for which it was collected or for any
other purpose allowed under a law of the Territory.
Principle 5: Information relating to records kept by record
keeper
1 A record keeper who has possession or control of health records must,
subject to clause 2 of this principle, take such steps as are reasonable
in the circumstances to enable any consumer to ascertain—
(a) whether the record keeper has possession or control of any
health records, or personal health information, relating to the
(b) if so—
(i) the nature of the records or information; and
(ii) the main purposes for which the records are, or the
information is, used; and
(iii) the steps that the person should take if the person wishes to
obtain access to the records or the information.
2 A record keeper is not required to give a person information if, under
a law of the Territory (including this Act) or a law of the
Commonwealth, the record keeper is required or authorised to refuse
to give that information to the person.
Principle 6: Access to health records by people other than the
consumer
1 A health service provider who is a member of a treating team for a
consumer may have access to the personal health information about
the consumer so far as necessary for the provision by the provider of
a health service to the consumer.
2 If a person reasonably requires access to personal health information
about a consumer for the purpose of the management, funding or
quality of a health service received, or being received, by the
consumer, the person may have access to the extent necessary for that
purpose without the consumer’s consent.
3 A treating health service provider for a consumer may disclose
personal health information about the consumer to an immediate
family member if—
(a) the disclosure is made for compassionate reasons; and
(b) the provider believes, on reasonable grounds, that the disclosure
would be expected by the consumer; and
(c) the disclosure is not contrary to any wishes previously expressed
by the consumer that the provider is, or ought reasonably to be,
aware of.
Note Section 17 deals with information subject to confidentiality.
4 An entity must not require a consumer, directly or indirectly, to obtain
or grant access to a health record about the consumer unless the entity
is required or allowed to make the requirement under—
(c) an order of a court.
Principle 7: Alteration of health records
1 A person must not delete information from a health record, even
where it is later found or claimed to be inaccurate, unless the deletion
is part of a program of archival destruction.
2 A record keeper who has possession or control of a health record must
take such steps, by way of making appropriate corrections and
additions as are reasonable in the circumstances, to ensure that the
record is—
(a) up to date and accurate; and
(b) relevant to the purpose for which the information was collected
or is to be used and to any other purpose that is directly related
to that purpose.
3 Where—
(a) the record keeper of a health record is not willing to amend that
record, by making a correction or an addition, in accordance
with a request by the consumer concerned; and
(b) no decision or recommendation to the effect that the record
should be amended wholly or partly in accordance with that
request is pending, or has been made, under a law of the
Territory (including this Act) or a law of the Commonwealth;
the record keeper must, if the consumer gives to the record keeper a
written statement concerning the requested correction or addition,
take such steps as are reasonable in the circumstances to include the
statement in the record.
4 Where the record keeper accepts the need to amend the health record
but—
(a) the record keeper considers it likely that leaving incorrect
information on a health record, even if corrected, could cause
harm to the consumer or result in incorrect health care treatment
or assistance being provided; or
(b) the form in which the record is held makes correction
impossible; or
(c) the corrections required are sufficiently complex or numerous
for a real possibility of confusion or error to arise in relation to
interpreting or reading the record if it were to be so amended;
the record keeper must place the incorrect information on a record
which is not generally available to the consumer’s treating
practitioner or treating team, and to which access is restricted, and
take such steps as are reasonable in the circumstances to ensure that
only the corrected copy is generally available to the practitioner or
treating team.
Principle 8: Record keeper to check accuracy etc of personal
health information before use etc
not use personal health information in that record without taking such
steps (if any) as are reasonable in the circumstances to ensure that,
having regard to the purpose for which the information is proposed to
be used, the information is up to date and accurate.
2 Where a person gives information in confidence to a health service
provider about a consumer, the provider must—
(a) encourage the person to waive the requirement of
confidentiality; and
(b) if the information remains confidential—
(i) record the information only if it is likely to assist in the
treatment or care of the consumer; and
(ii) take such steps (if any) as are reasonable in the
circumstances to ensure that the information is accurate
and not misleading.
Principle 9: Limits on use of personal health information
1 Except where personal health information is being shared between
members of a treating team to the extent necessary to improve or
maintain the consumer’s health or to manage a disability of the
consumer, a record keeper who has possession or control of a health
record that was obtained for a particular purpose must not use the
information for any other purpose unless—
(a) the consumer has consented to use of the information for that
other purpose; or
(b) the record keeper believes on reasonable grounds that use of the
information for that other purpose is necessary to prevent or
lessen a significant risk to the life or physical, mental or
emotional health of the consumer or another person; or
(c) use of the information for that other purpose is required or
authorised by—
(iii) an order of a court of competent jurisdiction;
(d) the purpose for which the information is used is directly related
to the purpose for which the information was obtained; or
(e) the use of the information is related to the management, funding
or quality of the health service received by the consumer.
2 In relation to the sharing of information among a treating team, unless
it is obvious from the circumstances or context of the health service,
the person in charge of the treating team must inform the consumer
of the identity of all members of the treating team who will have
access to the consumer’s personal health information.
3 The treating team leader is not required to notify the consumer of the
identity of individuals, or of classes of individuals, who are required
for the management, funding or quality of the health service received
by the consumer to handle health records or personal health
information.
Principle 10: Limits on disclosure of personal health information
not disclose personal health information about a consumer from the
record to an entity other than the consumer.
2 Clause 1 does not apply to the disclosure of personal health
information about a consumer to an entity if—
(a) the information is being shared between members of a treating
team for the consumer only to the extent necessary to improve
or maintain the consumer’s health or manage a disability of the
(b) the consumer is reasonably likely to have been aware, or to have
been made aware under principle 2, that information of the kind
disclosed is usually disclosed to the entity; or
(c) the consumer has consented to the disclosure; or
(d) the record keeper believes, on reasonable grounds, that the
disclosure is necessary to prevent or lessen a serious and
imminent risk to the life or physical, mental or emotional health
of the consumer or someone else; or
(e) the disclosure is required or allowed under—
(i) a law of the Territory (including this Act); or
Note Disclosure is allowed under cl 8, cl 9 and cl 10.
(iii) an order of a court; or
(f) the disclosure of the information is necessary for the
management, funding or quality of the health service received,
or being received, by the consumer.
3 Clause 1 also does not apply to the disclosure of personal health
information about a consumer to an entity if—
(a) the disclosure is necessary for the purpose of research or the
compilation or analysis of statistics, in the public interest; and
(b) it is impracticable to seek the consumer’s consent before
disclosure; and
(c) the purpose mentioned in paragraph (a) cannot be achieved by
the disclosure of information that does not identify the consumer
and from which the consumer’s identity cannot reasonably be
worked out; and
(d) the entity is required for any disclosed information (identifiable
information) that identifies the consumer, or from which the
consumer’s identity can be reasonably worked out—
(i) to provide protection that is at least equal to that of this Act
and that prevents any further disclosure of it; and
(ii) to take reasonable steps to deidentify the information and
destroy identifiable information at the earliest possible
opportunity; and
(iii) to ensure that identifiable information is not made publicly
available.
(e) the disclosure is in accordance with guidelines prescribed by
regulation for this clause; and
(f) the record keeper believes, on reasonable grounds, that the
recipient of the health information will not disclose the personal
health information.
4 Clause 1 also does not apply to the disclosure of personal health
information about a consumer to the consumer’s carer if—
whether or not because the consumer is a—
(i) child or a young person who does not have sufficient
nature of the young person’s request to access a health
record and the nature of the record; or
(ii) legally incompetent person; and
(b) in the record keeper’s opinion, the disclosure is necessary to
enable the carer to safely and effectively provide appropriate
services to, or care for, the consumer.
5 In relation to the sharing of information among the treating team
under clause 2 (a), unless it is obvious from the circumstances and
context of the health service, the person in charge of the treating team
must tell the consumer about the identity of each member of the
treating team who will have access to the personal health information
about the consumer.
6 However, the treating team leader need not tell the consumer about
the identity of individuals who are required to handle health records,
or personal health information about the consumer, for the
management, funding or quality of the health service received, or
being received, by the consumer.
7 A consent given by a consumer for clause 2 (c) must—
(a) be in writing and signed—
(i) if the consumer is a child or young person who does not
have sufficient maturity and developmental capacity to
understand the nature of the young person’s request to
access a health record and the nature of the record—by a
person with parental responsibility for the consumer; or
(ii) if the consumer is a legally incompetent person—by a
(iii) in any other case—by the consumer; and
(b) name the health service provider who made the record.
8 An entity to which information is disclosed under clause 2, clause 3
or clause 4 must not use or disclose the information for a purpose
other than the purpose for which the information was given to the
entity.
9 If there is an emergency and a consumer cannot give or withhold
consent to the disclosure of personal health information about the
consumer, the treating health service provider may discuss relevant
personal health information with an immediate family member of the
consumer to the extent reasonable and necessary for the proper
treatment of the consumer.
10 A treating health service provider for a consumer may disclose
personal health information about the consumer to the consumer’s
carer if—
whether or not because the consumer is a child, young person
who does not have sufficient maturity and developmental
capacity to understand the nature of the young person’s request
to access the health record and the nature of the record or legally
incompetent person; and
(b) in the provider’s opinion, the disclosure is necessary to enable
the carer to safely and effectively provide appropriate services
to, or care for, the consumer.
11 A treating health service provider for a consumer may disclose
personal health information about the consumer to an immediate
family member if—
whether or not because the consumer is—
(i) a child or young person who does not have sufficient
nature of the young person’s request to access the health
record and the nature of the record; or
(ii) a legally incompetent person; and
(b) the disclosure is made for compassionate reasons; and
(c) the provider believes, on reasonable grounds, that the disclosure
would be, or would have been, expected by the consumer; and
(d) the disclosure is not contrary to any wishes previously expressed
by the consumer of which the provider is aware or ought
reasonably to be aware.
Example for par (a)
Jo has died, and Jo’s daughter who has looked after him for many years cannot
understand why he died when he seemed to have recovered from a recent illness.
She is extremely distressed. Subject to clause 11 (c) and (d), the treating health
service provider may disclose personal health information about Jo’s illness if she
considers that the disclosure would help Jo’s daughter.
12 In this principle:
carer, of a consumer, means a person who gives care, support or
assistance to the consumer but does not include—
(a) a person who gives short-term care, support or assistance to the
(b) a person who gives care, support or assistance to the
consumer—
(i) under a commercial arrangement, or an arrangement that is
substantially commercial; or
(ii) in the course of doing voluntary work for a charitable,
welfare or community organisation; or
(iii) as part of a course of education or training; or
(c) a person just because the person—
(i) is the domestic partner, parent, child or other relative, or
(ii) lives with the consumer.
Examples—people not included as carers
1 Yiannis is the principal of Haig Park Primary School. Although Yiannis
owes a duty of care to the students at Haig Park Primary School, Yiannis
is not a carer for the purposes of principle 10.
2 The ACAT makes an order under the Guardianship and Management
of Property Act 1991, s 7 (3) appointing Tash as a guardian for Olympia.
Even though Tash has a guardianship order in relation to Olympia, Tash
is not a carer for the purposes of principle 10. Tash would need to give
Olympia care, support or assistance to be a carer.
Principle 11: Relocation and closure of health service practice
1 This principle applies if a health service practice is or is proposed to
be—
(a) relocated; or
(b) permanently closed.
2 Not later than 30 days before the proposed relocation or closure, the
provider must—
(a) give public notice of the relocation or closure (a transfer
notice); and
(b) take other practicable steps to inform each consumer who has
attended the health service practice of the matters mentioned in
the transfer notice.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
3 The transfer notice must state—
(a) that the consumer may request (a transfer request) that a copy
or written summary of the consumer’s health record be given to
the consumer or a health service provider nominated by the
(b) that the transfer request must be made not later than 14 days after
the day the transfer notice (the transfer request period) is
published; and
(c) if a fee has been determined under section 34 for this principle—
that there is a fee that the consumer must pay before the provider
will give a copy or written summary of the record to the
consumer or health service provider nominated by the
(d) that if the consumer does not make a transfer request within the
transfer request period, a copy of the consumer’s health record
will be given to a stated health service provider or record keeper;
and
(e) the stated health service provider’s or record keeper’s address
and contact details.
4 As soon as practicable after publishing the transfer notice, the
provider must give a copy of the transfer notice, or written notice of
the information in the transfer notice, to the director-general.
Note 1 Director-general means the director-general of the administrative unit
responsible for this Act (see Legislation Act, s 163). Administrative units
are established under the administrative arrangements (see Public Sector
Management Act 1994, s 13).
Note 2 Notice may be given electronically in certain circumstances (see
Electronic Transactions Act 2001, s 8).
5 If a consumer has made a transfer request, the provider must give the
consumer or the consumer’s nominated health service provider the
requested copy or written summary of the consumer’s health record
as soon as practicable but not later than the later of—
(a) if a fee is payable for this principle—7 days after the day the fee
is paid; and
(b) 30 days after the day the provider receives the transfer request.
6 If, however, the consumer is receiving or needs urgent health
services, the provider must give the consumer or the consumer’s
nominated health service provider the requested copy or written
not later than 7 days after the day the provider receives the transfer
Note Urgent health services—see cl 11 and cl 12.
7 If a consumer does not make a transfer request within the transfer
request period, the provider must, within 30 days after the end of the
transfer request period, give a copy of the consumer’s health records
to the health service provider or record keeper stated in the transfer
notice.
Note 1 If the original or copy of a consumer’s health record is given to another
health service provider (the new provider) or other record keeper
(the new record keeper)—
• the consumer may ask the new provider or new record keeper for
access to the consumer’s health record (see s 10 and s 12); and
• the new provider or new record keeper must give the consumer
access to the consumer’s health records in accordance with the Act
(for example, see s 13 to s 13D).
Note 2 A fee may be payable by the consumer for certain types of access (see
s 10 (7) and s 13 (2) (d) (ii)).
8 If a record keeper holds health records following the relocation or
closure of a health service practice, the record keeper must promptly
notify the director-general of any change to—
(a) the record keeper’s contact details; or
(b) the location of the stored health records.
9 The director-general must promptly give a copy of a notice under
clause 4 or clause 8 to the health services commissioner.
10 If this principle applies because a sole provider in a health service
practice dies or becomes legally incompetent, a legal representative
or guardian of the provider must comply with the requirements of this
principle as soon as practicable.
11 It is sufficient to establish that a consumer is receiving or needs
urgent health services for prioritising the giving of records by a
provider (the record holder) if another health service provider advises
the record holder that the consumer is receiving or needs urgent health
services.
12 However—
(a) an advice under clause 11 need not be in writing; and
clause 11.
13 The requirement under clause 5, clause 6 or clause 7 to give a copy
of the consumer’s health record is taken to be satisfied if the original
of the record is given.
14 To remove doubt, clause 13 does not require a provider to give the
original of the consumer’s health record.
15 In this principle:
health record means a health record held by, or on behalf of, the
health service practice means the business or premises where a health
service provider provides health services.
provider means—
(a) the provider of a health service practice; or
(b) if the provider is legally incompetent—the guardian of the
provider; or
(c) if the provider is dead—the legal representative of the provider.
relocate, a practice, includes—
(a) relocate to another premises or location; or
(b) stop, temporarily or otherwise, the provision of health services
at a particular location.
transfer notice—see clause 2 (a).
transfer request—see clause 3 (a).
transfer request period—see clause 3 (b).
Principle 12.1: Consumer moves to another health service provider
1 If a consumer moves from 1 health service provider (the first
provider) to another health service provider (the second provider),
the consumer may ask the first provider to give the second provider a
copy or written summary of the consumer’s health record.
2 If the first provider receives a request under clause 1 (a transfer
request), the first provider must—
(a) if a fee has been determined under section 34 for this principle—
not later than 7 days after the day the first provider receives the
transfer request, give the consumer notice that the consumer
must pay a stated fee before the first provider will give the
second provider the requested copy or written summary of the
consumer’s health record; or
(b) not later than 30 days after the day the first provider receives the
transfer request, give the second provider the requested copy or
written summary of the consumer’s health record.
3 If the consumer pays the fee stated in a notice under clause 2 (a), the
first provider must give the second provider the requested copy or
written summary of the consumer’s health record not later than the
later of—
(a) 7 days after the day the fee is paid; and
(b) 30 days after the day the first provider receives the transfer
4 If the consumer is receiving or needs urgent health services, the first
provider must give the second provider the requested copy or written
not later than 7 days after the day the first provider receives the
transfer request.
5 It is sufficient to establish that a consumer is receiving or needs
urgent health services for prioritising the giving of records by the
first provider (the record holder) if another health service provider
advises the record holder that the consumer is receiving or needs
urgent health services.
6 However—
(a) an advice under clause 5 need not be in writing; and
clause 5.
7 The requirement under clause 2 (b), clause 3 or clause 4 to give a copy
of the consumer’s health record to the second provider is taken to be
satisfied if the original of the record is given.
8 To remove doubt, clause 7 does not require the first provider to give
the original of the consumer’s health record to the second provider.
9 In this principle:
first provider—
(a) see clause 1; and
(b) includes—
(i) if the first provider becomes legally incompetent—a
guardian of the provider; or
(ii) if the first provider dies—a legal representative of the
health record means a health record held by, or on behalf of, the first
second provider—see clause 1.
transfer request—see clause 2.
Principle 12.2: Health service provider moves to another health
service practice
1 If a health service provider (the provider) moves from 1 health service
practice (the first practice) to another health service practice and a
consumer continues to see the provider, the consumer may ask the
first practice to give the provider a copy or written summary of the
consumer’s health record.
2 If the first practice receives a request under clause 1 (a transfer
request), the first practice must—
(a) if a fee has been determined under section 34 for this principle—
not later than 7 days after the day the first practice receives the
transfer request, give the consumer notice that the consumer
must pay a stated fee before the first practice will give the
provider the requested copy or written summary of the
consumer’s health record; or
(b) not later than 30 days after the day the first practice receives the
transfer request, give the provider the requested copy or written
summary of the consumer’s health record.
3 If the consumer pays the fee stated in a notice under clause 2 (a), the
first practice must give the provider the requested copy or written
summary of the record not later than the later of—
(a) 7 days after the day the fee is paid; and
(b) 30 days after the day the first practice receives the transfer
4 If the consumer is receiving or needs urgent health services, the first
practice must give the provider the requested copy or written
not later than 7 days after the day the first practice receives the
transfer request.
5 It is sufficient to establish that a consumer is receiving or needs
urgent health services for prioritising the giving of records by the
first practice (the record holder) if another health service provider
advises the first practice that the consumer is receiving or needs
urgent health services.
6 However—
(a) an advice under clause 5 need not be in writing; and
clause 5.
7 The requirement under clause 2 (b), clause 3 or clause 4 to give a copy
of the consumer’s health record to the provider is taken to be satisfied
if the original of the record is given.
8 To remove doubt, clause 7 does not require the first practice to give
the original of the consumer’s health record to the provider.
9 In this principle:
first practice—see clause 1.
health record means a health record held by, or on behalf of, the first
health service practice means the business or premises where a health
service provider provides health services.
provider—see clause 1.
transfer request—see clause 2.
(see s 4)
Note 1 The Legislation Act contains definitions relevant to this Act. For
example: the Legislation Act, dict, pt 1 defines the following terms:
• adult
• Commonwealth
• contravene
• director-general (see s 163)
• domestic partner (s 169)
• entity
• health services commissioner
• human rights commission
• individual.
child—
(a) means a person who is under 12 years old; and
(b) in relation to a person, includes an adopted child or stepchild of
that person.
collector means a person who, in the course of their profession,
employment or official duty, collects personal health information.
commission means the human rights commission.
consent includes implied consent.
consumer means an individual who uses, or has used, a health
service, or in relation to whom a health record has been created, and
includes—
(a) if the consumer is a child or young person—a person with
parental responsibility for the consumer; and
(b) if the consumer is a legally incompetent person—a guardian of
the consumer; and
(c) if the consumer has died and there is a legal representative of the
deceased consumer—a legal representative of the deceased
(d) if the consumer has died and there is no legal representative of
the deceased consumer—an immediate family member of the
deceased consumer.
Note Under s 13A an entity is taken to be the consumer for the purpose of
accessing certain information if the consumer has consented to disclosure
of the information to the entity.
deceased consumer means a deceased person who, before their death,
was a consumer.
destroy a record includes delete the record.
disability—see the Human Rights Commission Act 2005,
section 8 (2).
factual matter, in relation to a consumer, means—
(a) a history of the health, an illness or a disability of the consumer;
or
(b) any findings on an examination of the consumer in relation to
the health, an illness or a disability of the consumer; or
(c) the results of any investigation into the health, an illness or a
disability of the consumer; or
(d) a diagnosis, or preliminary diagnosis, of an illness or disability
of the consumer; or
(e) a plan of management, or proposed plan of management, of the
treatment or care of an illness or disability of the consumer; or
(f) any action taken (whether or not in accordance with a plan of
management) by or under the direction or referral of a health
service provider in relation to the consumer.
guardian, for a legally incompetent person, means—
(a) a person who is—
(i) a legally appointed guardian of the legally incompetent
(ii) an attorney, appointed under an enduring power of attorney
that has become operative, of the legally incompetent
person; and
(b) a person who has power to make decisions about the medical
treatment or health care of the legally incompetent person.
health record means any record, or any part of a record—
(a) held by a health service provider and containing personal
information; or
(b) containing personal health information.
health service means—
(a) any activity that is intended or claimed (expressly or by
implication), by the person providing it, to assess, record,
improve or maintain the physical, mental or emotional health of
a consumer or to diagnose or treat an illness or disability of a
(b) a disability, palliative care or aged care service that involves the
making or keeping of personal health information;
but does not include any service declared by regulation to be an
exempt service.
health service provider means an entity that provides a health service.
health status report means a report—
(a) that is prepared or substantially prepared—
(i) by a health service provider; and
(ii) in respect of a consumer who, at the time of the preparation
of the report, resides or is present in the ACT; and
(b) that relates to the physical, mental or emotional health of a
consumer, or a disability or disease of a consumer; and
(c) whose purpose, or main purpose, is not a health service for the
illness means a physical, mental or emotional illness, and includes a
suspected illness.
immediate family member, of a consumer, means a person who—
(a) is—
(i) a parent of the consumer; or
(ii) a domestic partner of the consumer; or
(iii) an adult child or sibling of the consumer; or
Note For the meaning of domestic partner, see the Legislation Act, s 169.
(b) is a member of the same household as the consumer and is—
(i) another relative of the consumer; or
(ii) a close friend of the consumer.
law of the Territory does not include this Act or the common law.
legally incompetent person means a person who is subject—
(a) to an enduring power of attorney that has become operative; or
(b) otherwise than as a person under the age of majority to a
guardianship order.
legal representative, in relation to a deceased person, means a
person—
(a) holding office as executor of the will of the deceased person
where probate of the will has been granted or resealed in
Australia; or
(b) holding office in Australia as administrator of the estate of the
deceased person.
order of a court of competent jurisdiction includes a subpoena or
similar process of such a court.
parent, in relation to a person, includes a step-parent or adoptive
parent of the person.
personal information, in relation to a consumer, means any
information, recorded or otherwise, about the consumer where the
identity of the consumer is apparent, whether the information is—
(a) fact or opinion; or
(b) true or false.
personal health information, of a consumer, means any personal
information, whether or not recorded in a health record—
(a) relating to the health, an illness or a disability of the consumer;
or
(b) collected by a health service provider in relation to the health,
an illness or a disability of the consumer.
person with parental responsibility, for a child or young person,
means a parent or someone else with parental responsibility for the
child or young person under the Children and Young People
Act 2008, division 1.3.2.
privacy principles means the privacy principles under schedule 1.
record means a record in documentary or electronic form that consists
of or includes personal health information in relation to a consumer
(other than research material that does not disclose the identity of the
consumer), and includes—
(a) a photograph or other pictorial or digital representation of any
part of the consumer; and
(b) test results, medical imaging materials and reports, and clinical
notes, relating to the consumer; and
(c) any part of a record; and
(d) a copy of a record or any part of a record.
record keeper means an entity that has possession or control of a
health record.
sibling, in relation to a person, means a brother, sister, half-brother,
half-sister, adoptive brother, adoptive sister, stepbrother or stepsister
of the person.
treating health service provider, in relation to a consumer, means a
health service provider who is involved in diagnosis, care or treatment
of the consumer for the purpose of improving or maintaining the
consumer’s health.
treating team, in relation to a consumer, means health service
providers involved in diagnosis, care or treatment for the purpose of
improving or maintaining the consumer’s health for a particular
episode of care, and includes—
(a) if the consumer named another health service provider as the
consumer’s current treating practitioner—that other health
service provider; and
(b) if another health service provider referred the consumer to the
treating team for that episode of care—that other health service
young person—see the Children and Young People Act 2008,
section 12.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Health Records (Privacy and Access) Act 1997 A1997-125
notified 24 December 1997 (Gaz 1997 No S420)
commenced 1 February 1998 (s 2)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 181
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 181 commenced 12 September 2001 (s 2 and see Gaz 2001 No
S65)
Legislation Amendment Act 2002 A2002-11 pt 2.26
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.26 commenced 28 May 2002 (s 2 (1))
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003
A2003-14 sch 1 pt 1.19
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75)
sch 1 pt 1.19 commenced 28 March 2003 (s 2)
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 1 pt 1.22
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.22 commenced 9 April 2004 (s 2 (1))
Health Professionals Legislation Amendment Act 2004 A2004-39
sch 5 pt 5.8
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))
sch 5 pt 5.8 commenced 7 July 2005 (s 2 and see Health Professionals
Act 2004 A2004-38, s 2 and CN2005-11)
Court Procedures (Consequential Amendments) Act 2004 A2004-60
sch 1 pt 1.30
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.30 commenced 10 January 2005 (s 2 and see Court
Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Health Records (Privacy and Access) Amendment Act 2005 A2005-4
notified LR 22 February 2005
s 1, s 2 commenced 22 February 2005 (LA s 75 (1))
remainder commenced 23 February 2005 (s 2)
Domestic Violence and Protection Orders Amendment Act 2005
A2005-13 sch 1 pt 1.11
notified LR 24 March 2005
s 1, s 2 commenced 24 March 2005 (LA s 75 (1))
sch 1 pt 1.11 commenced 25 March 2005 (s 2)
Human Rights Commission Legislation Amendment Act 2005
A2005-41 sch 1 pt 1.6 (as am by A2006-3 sch 1 pt 1.3)
notified LR 1 September 2005
s 1, s 2 commenced 1 September 2005 (LA s 75 (1))
amdts 1.92-1.95, amdt 1.97, amdt 1.100 commenced 23 February
2006 (s 2 (2) as am by A2006-3 amdt 1.3)
sch 1 pt 1.6 remainder commenced 1 November 2006 (s 2 (3) (as am
by A2006-3 amdt 1.3) and see Human Rights Commission Act 2005
A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21)
Health Records (Privacy and Access) Amendment Act 2005 (No 2)
A2005-63
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
s 19, sch 1 amdt 1.1 commenced 23 February 2006 (LA s 79A and
A2005-41)
remainder commenced 17 January 2006 (s 2 and CN2006-1)
Human Rights Commission Legislation Amendment Act 2006
A2006-3 sch 1 pt 1.1, pt 1.3
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
sch 1 pt 1.1, pt 1.3 commenced 23 February 2006 (s 2)
Note Sch 1 pt 1.3 only amends the Human Rights Commission
Legislation Amendment Act 2005 A2005-41.
Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.9
notified LR 17 November 2006
s 1, s 2 commenced 17 November 2006 (LA s 75 (1))
sch 2 pt 2.9 commenced 18 November 2006 (s 2 (1))
Children and Young People (Consequential Amendments) Act 2008
A2008-20 sch 3 pt 3.15
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.15 commenced 27 October 2008 (s 2 (4) and see Children
and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.40
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.40 commenced 22 September 2009 (s 2)
Health Legislation Amendment Act 2010 A2010-2 pt 3
notified LR 16 February 2010
s 1, s 2 commenced 16 February 2010 (LA s 75 (1))
pt 3 commenced 16 August 2010 (s 2 and LA s 79)
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10
sch 2 pt 2.11
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
sch 2 pt 2.11 commenced 1 July 2010 (s 2 (1) (a))
Health Legislation Amendment Act 2010 (No 2) A2010-11
notified LR 30 March 2010
s 1, s 2 commenced 30 March 2010 (LA s 75 (1))
remainder commenced 30 September 2010 (s 2 and LA s 79)
Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.7
notified LR 13 May 2010
s 1, s 2 commenced 13 May 2010 (LA s 75 (1))
sch 3 pt 3.7 commenced 3 June 2010 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.23
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.23 commenced 1 March 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.77
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.77 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2014 A2014-18 sch 3 pt 3.10
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 3 pt 3.10 commenced 10 June 2014 (s 2 (1))
Statute Law Amendment Act 2014 (No 2) A2014-44 sch 1 pt 1.1
notified LR 5 November 2014
s 1, s 2 commenced 5 November 2014 (LA s 75 (1))
sch 1 pt 1.1 commenced 19 November 2014 (s 2)
Veterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.6
notified LR 20 August 2015
s 1, s 2 commenced 20 August 2015 (LA s 75 (1))
sch 2 pt 2.6 commenced 1 December 2015 (s 2 (1) and CN2015-22)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33
sch 1 pt 1.34
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.34 commenced 14 October 2015 (s 2)
Health Legislation Amendment Act 2016 A2016-11 pt 4
notified LR 1 March 2016
s 1, s 2 commenced 1 March 2016 (LA s 75 (1))
pt 4 commenced 2 March 2016 (s 2)
Protection of Rights (Services) Legislation Amendment Act 2016
(No 2) A2016-13 sch 1 pt 1.24
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))
sch 1 pt 1.24 commenced 1 April 2016 (s 2 and see Protection of
Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.23
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.23 commenced 23 June 2021 (s 2 (1))
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.21
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.21 commenced 24 August 2022 (s 2)
Children and Young People Amendment Act 2023 A2023-49 sch 1
pt 1.2 (as am by A2024-3 s 4)
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2024 (s 2 (2) as am by
A2024-3 s 4)
Children and Young People Amendment Act 2024 A2024-3
notified LR 19 February 2024
s 1, s 2 commenced 19 February 2024 (LA s 75 (1))
remainder commenced 20 February 2024 (s 2)
Note This Act only amends the Children and Young People
Amendment Act 2023 A2023-49.
Health Legislation Amendment Act 2024 A2024-42 pt 4
notified LR 17 September 2024
s 1, s 2 commenced 17 September 2024 (LA s 75 (1))
pt 4 commenced 18 September 2024 (s 2 (1))
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.46, sch 4
pt 4.91 notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.46, sch 4 pt 4.91 commenced 16 November 2025 (s 2 (1),
(9))
Name of Act
s 1 sub A2005-41 amdt 1.92
Commencement
s 2 om A2001-44 amdt 1.2068
s 4 defs reloc to dict A2005-41 amdt 1.94
sub A2005-41 amdt 1.95
def false representation om A2005-63 amdt 1.3
def health record om A2005-41 amdt 1.93
def health service om A2005-41 amdt 1.93
def health service provider om A2005-41 amdt 1.93
def immediate family member am A2003-14 amdt 1.65,
amdt 1.66
om A2005-41 amdt 1.93
def medical board sub A2004-39 amdt 5.12
om A2005-41 amdt 1.93 (as am by A2006-3 amdt 1.4)
def personal health information om A2005-41 amdt 1.93
def record om A2005-41 amdt 1.93
def record keeper om A2005-41 amdt 1.93
def registration board om A2005-41 amdt 1.93
def this Act om A2001-44 amdt 1.2069
Notes
s 4A ins A2005-41 amdt 1.95
Offences against Act—application of Criminal Code etc
s 4B ins A2005-41 amdt 1.95 (as am by A2006-3 amdt 1.5)
am A2005-63 amdt 1.1
The privacy principles
s 5 am A2005-63 ss 4-7
privacy principles reloc to sch 1 by A2005-63 s 8
Compliance with privacy principles
s 6 am A2011-3 amdt 3.232
Consent by consumer to obtaining health status report
s 7 sub A2005-63 s 9
am A2016-11 s 9, s 10; pars renum R26 LA; A2021-12
amdt 3.53
Access otherwise than under pt 3
s 8 am A2005-63 s 10
Statement of principle regarding right of access
s 10 am A2005-63 s 11; A2011-3 amdt 3.232; A2016-11 s 11, s 12;
ss renum R26 LA
Statement of principle regarding right of access—children and young people
s 10A ins A2016-11 s 13
Provision of health services and keeping of records—terms and conditions
s 11 am A2011-3 amdt 3.232; A2014-18 amdt 3.46
Requests for access
s 12 am A2011-3 amdt 3.232; A2016-11 s 14, s 15
Response to request for access
s 13 am A2005-4 s 4
sub A2005-63 s 12
am A2014-18 amdt 3.40; A2016-11 s 16; pars renum R26 LA
Disclosure in accordance with consent
s 13A ins A2005-63 s 12
Giving access to health records—generally
s 13B hdg sub A2016-11 s 17
s 13B ins A2005-63 s 12
am A2016-11 ss 18-20
Giving access to health records—children and young people
s 13BA ins A2016-11 s 21
How access to health record given
s 13C ins A2005-63 s 12
am A2025-29 amdt 4.91
Access taken to have been refused
s 13D ins A2005-63 s 12
am A2016-11 s 22
No access to health record relating to Children and Young People Act
complaint etc
s 14A hdg sub A2005-63 s 13
s 14A ins A2005-4 s 5
am A2005-63 s 14; A2008-20 amdt 3.29; A2023-49 amdt 1.4;
pars renum R30 LA; A2025-29 amdt 3.153
No access to health record where risk to life or health of consumer or
another person
s 15 am A2005-4 s 6; A2011-3 amdt 3.232
Refusal for risk to life or health of consumer—offer by record keeper
s 16 sub A2005-63 s 15
Refusal for risk to life or health of consumer—nomination by consumer
s 16A ins A2005-63 s 15
am A2014-18 amdt 3.40
Record keeper to give nominated health service provider health record
s 16B ins A2005-63 s 15
Functions of nominated health service provider
s 16C ins A2005-63 s 15
Unsuitable consumer-nominated health service provider
s 16D ins A2005-63 s 15
am A2010-10 amdt 2.54; A2014-18 amdt 3.40, amdt 3.41;
A2015-29 amdt 2.40
No access to health record where material given in confidence
s 17 am A2005-63 s 16; A2011-3 amdt 3.232; A2016-11 s 23;
pars renum R26 LA
Complaints
pt 4 hdg sub A2005-41 amdt 1.96
Grounds for complaint
s 18 sub A2005-41 amdt 1.96
Application of Community and Health Services Complaints Act 1993
s 19 om A2005-41 amdt 1.96
Unlawfully requiring consent etc
s 20 sub A2005-63 amdt 1.2
Destroying etc health records and related material
s 21 sub A2005-63 amdt 1.2
Unlawfully requesting or obtaining access to health records
s 22 sub A2005-63 amdt 1.2
People not to be unlawfully penalised
s 23 sub A2005-41 amdt 1.97
Acts and omissions of representatives
s 24 sub A2004-15 amdt 1.26
Miscellaneous
pt 6 note ins A2002-11 amdt 2.50
Children and young people
s 25 hdg sub A2016-11 s 24
s 25 am A2016-11 s 25, s 26; A2022-14 amdt 3.107
Legally incompetent persons
s 26 am A2022-14 amdt 3.107, amdt 3.108
Deceased consumers
s 27 am A2022-14 amdt 3.109
Legal professional privilege not affected by this Act
s 28 om A2002-11 amdt 2.51
Defect or invalidity—protection if person acts in good faith etc
s 29 am A2022-14 amdt 3.110
Unqualified record keeper to obtain and act on expert advice
s 30 am A2011-3 amdt 3.232
Jurisdiction of Magistrates Court
s 31 am A2005-13 amdt 1.41, amdt 1.42; A2005-41 amdt 1.98;
A2016-11 s 27; pars renum R26 LA
Appeals
s 32 am A2004-60 amdt 1.156; ss renum R5 LA; A2009-20
amdt 3.96; A2010-18 amdt 3.7, amdt 3.8; ss renum R16 LA
Court orders under other laws
s 33 am A2011-3 amdt 3.232
Determination of fees
s 34 sub A2001-44 amdt 1.2070
am A2011-3 amdt 3.228; A2025-29 amdt 4.91
Approved forms
s 35 sub A2001-44 amdt 1.2070
am A2005-41 amdt 1.99; A2011-3 amdt 3.229
om A2021-12 amdt 3.54
Regulation-making power
s 36 sub A2001-44 amdt 1.2070
am A2005-63 s 17; ss renum R9 LA; A2014-18 amdt 3.42,
amdt 3.43: A2025-29 amdt 4.91
Saving
s 37 am A2011-3 amdt 3.230
Transitional—Human Rights Commission Legislation Amendment Act 2006
pt 10 hdg ins A2006-3 amdt 1.1
exp 24 February 2006 (s 51)
Transitional—effect of Health Records (Privacy and Access) Amendment Act
2005 (No 2)
s 50 ins A2006-3 amdt 1.1
exp 24 February 2006 (s 51 (LA s 88 declaration applies))
Expiry—pt 10
s 51 ins A2006-3 amdt 1.1
exp 24 February 2006 (s 51)
Amendments of other Acts
sch om A2001-44 amdt 1.2071
The privacy principles
sch 1 hdg ins A2005-63 s 18
sch 1 privacy principles reloc from s 5 by A2005-63 s 8
am A2006-46 amdt 2.26; A2010-10 amdt 2.55; A2010-2 s 13;
A2010-11 s 4; A2011-22 amdt 1.240; A2014-18 amdt 3.44,
amdt 3.46; A2015-33 amdt 1.105; A2016-11 ss 28-35; pars
renum R26 LA; A2021-12 amdt 3.55, amdt 3.56; A2022-14
amdt 3.111; A2024-42 s 8, s 9; A2025-29 amdt 3.154
dict ins A2005-41 amdt 1.100
am A2005-63 s 19; A2010-11 s 5; A2011-22 amdt 1.241,
amdt 1.242; A2016-13 amdt 1.68; A2022-14 amdt 3.112
def child reloc from s 4 A2005-41 amdt 1.94
sub A2016-11 s 36
def collector reloc from s 4 A2005-41 amdt 1.94;
am A2022-14 amdt 3.113
def commission ins A2005-41 amdt 1.100 (om A2006-3
amdt 1.6)
ins A2005-41 amdt 1.100B (as ins by A2006-3 amdt 1.7)
def commissioner reloc from s 4 A2005-41 amdt 1.94 (as am
by A2006-3 amdt 1.4)
om A2005-41 amdt 1.100A (as ins by A2006-3 amdt 1.7)
def consent reloc from s 4 A2005-41 amdt 1.94
def consumer sub A2005-63 s 20
reloc from s 4 A2005-41 amdt 1.94 (as am by A2006-3
amdt 1.4 and see amdt 1.6)
am A2016-11 s 37; pars renum R26 LA
def deceased consumer reloc from s 4 A2005-41 amdt 1.94
am A2022-14 amdt 3.113
def destroy ins A2005-63 s 21
reloc from s 4 A2005-41 amdt 1.94
def disability reloc from s 4 A2005-41 amdt 1.94 (as am by
A2006-3 amdt 1.4 and see amdt 1.6)
sub A2005-41 amdt 1.100C (as ins by A2006-3 amdt 1.7)
def factual matter reloc from s 4 A2005-41 amdt 1.94
def guardian sub A2005-63 s 22
reloc from s 4 A2005-41 amdt 1.94 (as am by A2006-3
amdt 1.4 and see amdt 1.6)
am A2008-20 amdt 3.30
sub A2016-11 s 38
def health record ins A2005-41 amdt 1.100
def health service ins A2005-41 amdt 1.100
def health service provider ins A2005-41 amdt 1.100
am A2014-44 amdt 1.1
def health status report reloc from s 4 A2005-41 amdt 1.94
def illness reloc from s 4 A2005-41 amdt 1.94
def immediate family member ins A2005-41 amdt 1.100
def law of the Territory reloc from s 4 A2005-41 amdt 1.94
def legally incompetent person reloc from s 4 A2005-41
amdt 1.94
def legal representative reloc from s 4 A2005-41 amdt 1.94
def order of a court of competent jurisdiction reloc from s 4
A2005-41 amdt 1.94
def parent reloc from s 4 A2005-41 amdt 1.94
def personal health information ins A2005-41 amdt 1.100
am A2011-3 amdt 3.231
def personal information reloc from s 4 A2005-41 amdt 1.94
def person with parental responsibility ins A2016-11 s 39
def privacy principles ins A2005-63 s 23
reloc from s 4 A2005-41 amdt 1.94
def record ins A2005-41 amdt 1.100
def record keeper ins A2005-41 amdt 1.100
def registration board ins A2005-41 amdt 1.100
sub A2010-10 amdt 2.56
om A2014-18 amdt 3.45
def sibling reloc from s 4 A2005-41 amdt 1.94
def treating health service provider reloc from s 4 A2005-41
amdt 1.94
def treating team reloc from s 4 A2005-41 amdt 1.94
am A2022-14 amdt 3.114
def young person reloc from s 4 A2005-41 amdt 1.94
sub A2016-11 s 40
5 Earlier republications
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 A2001-44 24 January 2002
2 A2002-11 30 May 2002
3 A2003-14 28 March 2003
4 A2004-15 9 April 2004
5 A2004-60 10 January 2005
6 A2005-4 23 February 2005
7 A2005-13 25 March 2005
8 A2005-13 7 July 2005
9 A2005-63 17 January 2006
10 A2006-3 23 February 2006
11 A2006-3 25 February 2006
12 A2006-3 1 November 2006
13 A2006-46 18 November 2006
14 A2008-20 27 October 2008
15* A2009-20 22 September 2009
16 A2010-18 3 June 2010
17 A2010-18 1 July 2010
18 A2010-18 16 August 2010
19 A2010-18 30 September 2010
20 A2011-3 1 March 2011
21 A2011-22 1 July 2011
22 A2014-18 10 June 2014
Earlier republications 5
Republication No Amendments to Republication date
23 A2014-44 19 November 2014
24 A2015-33 14 October 2015
25 A2015-33 1 December 2015
26 A2016-11 2 March 2016
27 A2016-13 1 April 2016
28 A2021-12 23 June 2021
29 A2022-14 24 August 2022
30 A2024-3 1 July 2024
31 A2024-42 18 September 2024