Health Records and Information Privacy Act 2002 No 71
Current version for 24 November 2014 to date (accessed 29 November 2014 at 06:16)

29   Situations where access need not be granted

A private sector person is not required to provide an individual with access to health information relating to the individual held by the private sector person if:
(a)  providing access would pose a serious threat to the life or health of the individual or any other person and refusing access is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or
(b)  providing access would have an unreasonable impact on the privacy of other individuals and refusing access is in accordance with guidelines, if any, issued by the Privacy Commissioner, or
(c)  the information relates to existing or anticipated legal proceedings between the private sector person and the individual and the information would not be accessible by the process of discovery in those proceedings or is subject to legal professional privilege, or
(d)  providing access would reveal the intentions of the private sector person in relation to negotiations, other than about the provision of a health service, with the individual in such a way as to expose the private sector person unreasonably to disadvantage, or
(e)  providing access would be unlawful, or
(f)  denying access is required or authorised by or under law, or
(g)  providing access would be likely to prejudice an investigation of possible unlawful activity, or
(h)  providing access would be likely to prejudice a law enforcement function by or on behalf of a law enforcement agency, or
(i)  a law enforcement agency performing a lawful security function asks the private sector person not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia, or
(j)  the request for access is of a kind that has been made unsuccessfully on at least one previous occasion and there are no reasonable grounds for making the request again, or
(k)  the individual has been provided with access to the health information in accordance with this Act and is making an unreasonable, repeated request for access to the same information in the same manner.
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