New South Wales Consolidated Acts

DRUG AND ALCOHOL TREATMENT ACT 2007 - SECT 40

40 Inspection etc of medical records

(1) Unless the Magistrate otherwise determines, the dependent person is entitled to inspect, or otherwise have access to, any medical records relating to the person in the possession of another person.

(2) A representative of the dependent person is entitled, at any time before or during the proceedings, to inspect or otherwise have access to any medical records relating to the person in the possession of another person.

(3) If an accredited medical practitioner warns the representative of the dependent person that it may be harmful to communicate to the person, or any other person, specified information in those medical records--

(a) the representative must have full and proper regard to that warning, and

(b) the representative is not obliged to disclose to the person, or any other person, any information obtained by virtue of the inspection or other access.

(4) Subsection (3) is subject to any order or direction of the Magistrate, in relation to an inspection under subsection (2).