New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 45

Inspection etc of medical records

45 Inspection etc of medical records

(1) A person brought before a Magistrate is, unless the Magistrate 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 at an inquiry of a person brought before a Magistrate is entitled, at any time before or during the inquiry, to inspect or otherwise have access to any relevant medical records relating to that person in the possession of any other person.
(3) Subject to any order or direction of the Magistrate, 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 Magistrate under this section has effect according to its tenor.



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