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This is a Bill, not an Act. For current law, see the Acts databases.
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Contents
Page
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Health Legislation Amendment Bill 2015
A Bill for
An Act to amend legislation about health, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Health Legislation Amendment Act 2015
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
.
Note This Act also repeals legislative instruments (see s 8).
Part 2 Civil Law (Wrongs) Act 2002
4 Protection of good samaritans from
liability
New section 5 (2A)
insert
(2A) Despite subsection (2) (b), if a good samaritan administers the drug known as naloxone, honestly and without recklessness, to a person apparently suffering from an overdose of an opioid drug for the purpose of resuscitating the person, the protection under subsection (1) applies even if the good samaritan’s capacity to exercise appropriate care and skill was, at the time of administering the drug, impaired by a recreational drug.
Examples—opioid drugs
• heroin
• methadone
• morphine
5 Local Health and Hospitals
Network
Part 3A
omit
6 Dictionary, definition of council
omit
7 Disclosure of interests by committee
members
Section 190 (1), note 1
omit
the council (see s 19E),
All legislative instruments made under the Health Act 1993
, part 3A are repealed.
Part 4 Health Records (Privacy and Access) Act 1997
9 Consent by consumer to obtaining
health status report
Section 7 (4) (a) (i)
omit
young person or
insert
(ia) if the consumer is a child or young person—by the person with parental responsibility for the child or young person; or
11 Statement of principle regarding
right of access
New section 10 (4A) and (4B)
insert
(4A) However, if the health services commissioner receives a request under section 12 in relation to a health record prepared by a health service provider, the health services commissioner—
(a) need not give access in accordance with subsection (3) (a), (b) or (c); and
(b) may instead refer the request to the health service provider.
(4B) If the health services commissioner refers a request to a health service provider under subsection (4A) (b), the health service provider is taken to have received it under section 12.
omit
insert
10A Statement of principle regarding right of access—children and young people
The right of access to a health record conferred by section 10 (1) is exercisable—
(a) for a consumer who is a child—on behalf of the child by the person with parental responsibility for the child; and
(b) for a consumer who is a young person—
(i) if the young person has sufficient maturity and developmental capacity to understand the nature of the young person’s request to access a health record and the nature of the record—by the young person personally; or
(ii) in any other case—on behalf of the young person by the person with parental responsibility for the young person.
14 Requests for
access
Section 12 (1)
after
section 10
insert
or section 10A
substitute
(i) a request by a person with parental responsibility for a child or young person unless, in the 12 months before making the request, the person with parental responsibility consented to the treatment of the child or young person that gave rise to the health record that is the subject of the request; or
16 Response to request for
access
New section 13 (2) (aa)
before paragraph (a), insert
(aa) if the health services commissioner is the record keeper and refers the request to a health service provider under section 10 (4A)—give the consumer written notice that the request has been referred to the health service provider who prepared the health record; or
substitute
13B Giving access to health records—generally
after
person
insert
(other than a child or young person)
omit
a young person,
omit
young person or
insert
13BA Giving access to health records—children and young people
(1) This section applies if a record keeper must give a child or young person access to a health record.
(2) Access to a health record must be given—
(a) if the record keeper has given a notice under section 13 (2) (c) (ii) and the fee stated in the notice has been paid—no later than the later of the following:
(i) 1 week after the day the fee is paid;
(ii) 30 days after the day the record keeper received the request for access to the health record; or
(b) if the record keeper has not given a notice under section 13 (2) (c) (ii)—no later than 30 days after the day the record keeper receives the request for access to the health record.
(3) However, before giving access to the record to a person (the relevant person), the record keeper must take reasonable steps to require evidence of, and be satisfied about—
(a) the relevant person’s identity; and
(b) if someone else has authorised the access to be given to the relevant person—the identity and authority of the other person; and
(c) if the consumer is a child or a young person who does not have sufficient maturity and developmental capacity to understand the nature of the young person’s request to access the record and the nature of the record—the fact that the relevant person (or, if paragraph (b) applies, the person authorising the relevant person) is the person with parental responsibility for the child or young person.
(4) Before giving access to a relevant person who is a young person, the record keeper may require that the young person—
(a) meet with the record keeper so that the record keeper can explain the nature of the record to the young person; or
(b) consent to a person with parental responsibility for the young person attending that meeting.
(5) Before giving access to a relevant person who has parental responsibility for a young person, the record keeper may—
(a) require that the young person consent to the access; or
(b) discuss the access with the young person.
(6) If the record keeper requires evidence under this section before giving access to a health record and the evidence is not provided or does not satisfy the record keeper, the record keeper need not provide access to the health record.
22 Access taken to have been
refused
Section 13D (a) (iii)
after
health records
insert
—generally
23 No access to health record where
material given in confidence
New section 17 (2) (ba)
insert
(ba) a person with parental responsibility for the consumer; or
substitute
25 Children and young people
omit
where a consumer is a young person,
substitute
if a consumer is a child or young person,
omit
a guardian of
substitute
a person with parental responsibility for
27 Jurisdiction of Magistrates
Court
Section 31 (1) (a) (iii) and (iv)
substitute
(iii) a child or young person; or
(iv) a young person who has or does not have sufficient maturity and developmental capacity to understand the nature of the young person’s request to access a health record relating to the young person and the nature of the record; or
(iva) a person with parental responsibility for a child or young person; or
28 The privacy
principles
Schedule 1, principle 10, clause 4
omit
a person responsible for the consumer’s care (the carer)
substitute
the consumer’s carer
29 Schedule 1, principle 10, clause 4 (a)
substitute
(a) the consumer cannot give or withhold consent to the disclosure, whether or not because the consumer is a—
(i) child or a young person who does not have sufficient maturity and developmental capacity to understand the nature of the young person’s request to access a health record and the nature of the record; or
(ii) legally incompetent person; and
30 Schedule 1, principle 10, clause 7 (a) (i)
substitute
(i) if the consumer is a child or a young person who does not have sufficient maturity and developmental capacity to understand the nature of the young person’s request to access a health record and the nature of the record—by a person with parental responsibility for the consumer; or
(ia) if the consumer is a legally incompetent person—by a guardian of the consumer; or
31 Schedule 1, principle 10, clause 10
omit
a person responsible for the consumer’s care (the carer)
substitute
the consumer’s carer
32 Schedule 1, principle 10, clause 10 (a)
omit
young person
substitute
child, young person who does not have sufficient maturity and developmental capacity to understand the nature of the young person’s request to access the health record and the nature of the record
33 Schedule 1, principle 10, clause 10 (b)
omit
record keeper’s opinion
substitute
provider’s opinion
34 Schedule 1, principle 10, clause 11 (a)
substitute
(a) the consumer cannot give or withhold consent to the disclosure, whether or not because the consumer is—
(i) a child or a young person who does not have sufficient maturity and developmental capacity to understand the nature of the young person’s request to access the health record and the nature of the record; or
(ii) a legally incompetent person; and
35 Schedule 1, principle 10, new clause 12
after the note, insert
12 In this principle:
carer, of a consumer, means a person who gives care, support or assistance to the consumer but does not include—
(a) a person who gives short-term care, support or assistance to the consumer; or
(b) a person who gives care, support or assistance to the consumer—
(i) under a commercial arrangement, or an arrangement that is substantially commercial; or
(ii) in the course of doing voluntary work for a charitable, welfare or community organisation; or
(iii) as part of a course of education or training; or
Examples—people not included as carers
1 Yiannis is the principal of Haig Park Primary School. Although Yiannis owes a duty of care to the students at Haig Park Primary School, Yiannis is not a carer for the purposes of principle 10.
2 The ACAT makes an order under the Guardianship and Management of Property Act 1991
, s 7 (2) appointing Tash as a guardian for Olympia. Even though Tash has a guardianship order in relation to Olympia, Tash is not a carer for the purposes of principle 10. Tash would need to give Olympia care, support or assistance to be a carer.
(c) a person just because the person—
(i) is the domestic partner, parent, child or other relative, or guardian of the consumer; or
(ii) lives with the consumer.
36 Dictionary, definition of child
substitute
child—
(a) means a person who is under 12 years old; and
(b) in relation to a person, includes an adopted child or stepchild of that person.
37 Dictionary, definition of consumer, paragraph (a)
substitute
(a) if the consumer is a child or young person—a person with parental responsibility for the consumer; and
(aa) if the consumer is a legally incompetent person—a guardian of the consumer; and
38 Dictionary, definition of guardian
substitute
guardian, for a legally incompetent person, means—
(a) a person who is—
(i) a legally appointed guardian of the legally incompetent person; or
(ii) an attorney, appointed under an enduring power of attorney that has become operative, of the legally incompetent person; and
(b) a person who has power to make decisions about the medical treatment or health care of the legally incompetent person.
39 Dictionary, new definition of person with parental responsibility
insert
person with parental responsibility, for a child or young person, means a parent or someone else with parental responsibility for the child or young person under the Children and Young People Act 2008
, division 1.3.2.
40 Dictionary, definition of young person
substitute
young person—see the Children and Young People Act 2008
, section 12.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 19 November 2015.
2 Notification
Notified under the
on 2015.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2015
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