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GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 76
Health providers to give information
76 Health providers to give information
(1) The purpose of this section is to ensure— (a) a guardian or attorney who
has power for a health matter for an adult has all the information necessary
to make an informed exercise of the power; and
(b) the tribunal, in deciding
whether to consent to special health care for an adult with impaired capacity
for a special health matter, has all the information necessary to make an
informed decision.
(2) At the guardian’s or attorney’s request, a health
provider who is treating, or has treated, the adult must give information to
the guardian or attorney unless the health provider has a reasonable excuse.
(3) At the tribunal’s request, a health provider who is treating, or has
treated, the adult must give information to the tribunal unless the health
provider has a reasonable excuse.
(4) The information to be given by a health
provider who is treating, or has treated, the adult includes information
about— (a) the nature of the adult’s condition at the time of the
treatment; and
(b) the particular form of health care being, or that was,
carried out; and
(c) the reasons why the particular form of health care is
being, or was, carried out; and
(d) the alternative forms of health care
available for the condition at the time of the treatment; and
(e) the general
nature and effect of each form of health care at the time of the treatment;
and
(f) the nature and extent of short-term, or long-term, significant risks
associated with each form of health care; and
(g) for a health provider who
is treating the adult—the reasons why it is proposed a particular form of
health care should be carried out.
(5) If a health provider does not comply
with a request by a guardian or attorney to give information, the tribunal
may, on application by the guardian or attorney, order the health provider to
give the information to the guardian or attorney.
(6) If the tribunal orders
a health provider to give information, the health provider must comply with
the order, unless the health provider has a reasonable excuse.
(7) It is a
reasonable excuse for a health provider to fail to give information because
giving the information might tend to incriminate the health provider.
(8)
Subject to subsection (7) , this section overrides— (a) any restriction, in
an Act or the common law, about the disclosure or confidentiality of
information; and
(b) any claim of confidentiality or privilege.
(9) This
section does not limit— (a) a guardian’s right to information under
section 44 ; or
(b) the tribunal’s right to information under section 130 ;
or
(c) an attorney’s right to information under the
Powers of Attorney Act 1998 , section 81 .
(10) In this section—
"attorney" means an attorney under an enduring document or a statutory health
attorney.
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