Health Records (Privacy and Access) Act 1997
7Consent by consumer to obtaining health status report
Start here
Get a plain-English read of 7
Turn the raw legal text into a practical explanation grounded in Health Records (Privacy and Access) Act 1997.
7 Consent by consumer to obtaining health status report (1) A person must not, without a consumer’s consent— (a) ask someone other than the consumer for a health status report about the consumer; or (b) give someone other than the consumer a health status report about the consumer. (2) A person must not obtain a health status report about a consumer from a health service provider without the consumer’s consent. (3) If a person obtains the consumer’s consent for subsection (1) or (2) the person must— (a) tell the consumer in writing of the consumer’s right to ask for a copy of the health status report and to give the person a statement commenting on the health status report; and
Privacy provisions Part 2 (b) if the consumer asks for a copy of the report—give a copy of the report to the consumer as soon as practicable; and (c) if the consumer gives the person a statement commenting on the health status report— (i) consider the comments; and (ii) keep the statement with the report for as long as the person keeps the report. (4) A consent given by a consumer for subsection (1) or (2) must— (a) be in writing and signed— (i) if the consumer is a legally incompetent person—by a (ii) if the consumer is a child or young person—by the person with parental responsibility for the child or young person; or (iii) in any other case—by the consumer; and (b) if the health service report is to be, or has been, prepared or substantially prepared by a health service provider—name the health service provider. (5) This section does not apply to the extent (if any) that a health status report is asked for, obtained or provided in accordance with— (c) an order of a court.