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Health Records (Privacy and Access) Act 1997
26Legally incompetent persons
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26 Legally incompetent persons
(1) Subject to this Act, where a consumer is a legally incompetent person,
a right or power conferred on consumers by this Act—
(a) is exercisable on behalf of the consumer by a guardian of the
(b) is not exercisable by the consumer on the consumer’s own
behalf.
(2) A purported consent by a guardian of a legally incompetent person is
void if, when giving it, the guardian knows or believes it to be at
variance with the wishes expressed, and not changed or withdrawn,
by the person before the person became a legally incompetent person.