92Access to records

92 Access to records (1) Each of the following may apply for access to information contained in records about a person that are kept by an approved treatment facility or approved treatment agency: (bb) a health care decision maker for a person if the information is reasonably required in connection with the performance of a duty or the exercise of a power by the health care decision maker under the Health Care Decision Making Act 2023; (c) if the person has died: (i) the person's nominated next of kin; or (ii) the person's senior next of kin; or (iii) the executor or administrator of the person's estate. (2) The application must be made in writing to an authorised psychiatric practitioner employed at the facility or agency. (3) The practitioner may give the applicant access to the information: (a) without conditions; or (b) on the condition that the practitioner, or someone who is able to interpret the information, is present during the access. (4) The practitioner may refuse the application if the practitioner believes, on reasonable grounds, if the person is given access to the information: (a) the person's health is likely to deteriorate; or

Mental Health and Related Services Act 1998 92 (b) the person may become a danger to himself or herself or to (c) someone mentioned in the information may be adversely affected or endangered. (5) If the practitioner refuses the application because of subsection (4), the practitioner must as soon as possible: (a) notify the following in writing of the decision: (i) the applicant; (ii) if the information relates to the applicant and the applicant has a representative – the representative; and (b) inform the applicant of the applicant's right to apply to the (6) If the applicant is not given access to the information or notified under subsection (5)(a) within 30 days after making the application, the practitioner is taken to have refused access to the information.