New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 30

30 Access refused because serious threat to individual

(1) This section applies if a private sector person that holds health information about an individual refuses to provide the individual with access to the health information on the ground that providing access would pose a serious threat to the life or health of the individual.

(2) The individual may request the private sector person to give access to the information to a registered medical practitioner nominated by the individual.

(3) The request is to be made within 21 days after the notice of refusal was received.

(4) The notice of refusal--

(a) must advise the individual that he or she may nominate a medical practitioner to be given access to the health information, and

(b) must advise the individual that if he or she nominates a medical practitioner, the nomination must be made to the private sector person within 21 days after receiving the notice of refusal.

(5) The private sector person must provide access to the health information to the nominated registered medical practitioner within 21 days after being advised by the individual of the nomination of the practitioner.