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Health Records (Privacy and Access) Act 1997
27Deceased consumers
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27 Deceased consumers
(1) The privacy principles apply in relation to a deceased consumer, so
far as they are reasonably capable of doing so, in the same way as
they apply in relation to a consumer who is not deceased.
(2) Subject to subsection (3), where a consumer has died, a right or power
conferred on consumers by a provision of this Act is exercisable in
relation to the deceased consumer, so far as the circumstances
reasonably permit, by a legal representative of the deceased
(3) A purported consent by a legal representative of a deceased consumer
is void if, when giving it, the legal representative knows or believes
it to be at variance with the wishes expressed, and not changed or
withdrawn, by the consumer in the consumer’s lifetime.