Health Information Bill · As enacted · Part 2 · National Electronic Records System
17. Access and collection of individual’s own accessible health information
Feedback & supportAn individual (P) or an authorised representative of P may access and collect accessible health information about P in any manner prescribed.
In subsection (1), an authorised representative of P means any of the following persons:
if P is an individual who has not attained 21 years of age — P’s parent, adoptive parent, step‑parent or guardian;
if P lacks capacity within the meaning given by section 4 of the Mental Capacity Act 2008 —
a deputy appointed or deemed to be appointed for P by the court under that Act with power in relation to P’s personal welfare;
a donee under a lasting power of attorney registered under that Act with power in relation to P’s personal welfare; or
where there is no deputy mentioned in sub‑paragraph (i) or donee mentioned in sub‑paragraph (ii), an individual who is 21 years of age or older and is —
P’s spouse;
a son or daughter of P;
P’s parent, adoptive parent, step‑parent or guardian;
a brother or sister of P; or
any other person who is responsible for the care and wellbeing of P;
if P is an individual who is 21 years of age or older and does not lack capacity within the meaning given by section 4 of the Mental Capacity Act 2008 — an individual whom P has authorised to act on P’s behalf to access and collect accessible health information about P.
A System Operator must comply with any directions given by the Minister in relation to the type or types of accessible health information about P that P or an authorised representative of P may access and collect under subsection (1).