New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 164

Inspection etc of medical records

164 Inspection etc of medical records

(1) A person the subject of an application to the Board for consent to perform psychosurgery is, unless the Board otherwise determines, entitled to inspect or otherwise have access to any medical records relating to the person in the possession of any other person.
(2) A representative of such a person at the hearing of the application is entitled, at any time before or during the hearing, to inspect or otherwise have access to any medical records relating to the person in the possession of any other person.
(3) Subject to any order or direction of the Board, in relation to an inspection under subsection (2) of, or other access under that subsection to, any medical record relating to a person, if a medical practitioner warns the representative of the person that it may be harmful to communicate to the person, or any other person, specified information contained in those medical records:
(a) the representative is to have full and proper regard to that warning, and
(b) the representative is not obliged to disclose to the person any information obtained by virtue of the inspection or other access.
(4) An order or direction of the Board under this section has effect according to its tenor.



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