132Access to medical records

132 Access to medical records (1) Subject to subsections (2), (3) and (4), a person who is the subject of a review or involuntary detention application must be given access to the person's medical records and reports that are before the Tribunal. (1A) Subject to subsection (4), the Tribunal must give access to the medical records and reports to the following: (a) the person's adult guardian; (aa) if the person has a decision maker – the decision maker; (b) the person's representative. (2) The Tribunal may order that a person who is the subject of a review or involuntary detention application not be given access to a medical record or report or a part of a medical record or report that

Mental Health and Related Services Act 1998 119 is before the Tribunal where it is satisfied that to do so may cause serious harm to the health of the person or may put at risk the safety of other persons. (3) A Tribunal may order that only the adult guardian, decision maker or representative of a person who is the subject of a review or involuntary detention application be given access to a medical record or report or a part of the medical record or report that is before the Tribunal. (4) The Tribunal may require that the adult guardian, decision maker or representative give an undertaking that the adult guardian, decision maker or representative will not disclose specified information in the medical record or report before permitting the adult guardian, decision maker or representative access to it. (5) A person who gives an undertaking under subsection (4) must not Maximum penalty for subsection (5): 40 penalty units.