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Contents (2002 - 71)
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Health Records and Information Privacy Act 2002 No 71
Current version for 15 June 2018 to date (accessed 26 June 2019 at 06:32)
Part 1 Section 7
7   Capacity
(1)  An individual is incapable of doing an act authorised, permitted or required by this Act if the individual is incapable (despite the provision of reasonable assistance by another person) by reason of age, injury, illness, physical or mental impairment of:
(a)  understanding the general nature and effect of the act, or
(b)  communicating the individual’s intentions with respect to the act.
(2)  An authorised representative of an individual may do such an act on behalf of an individual who is incapable of doing that act.
(3)  An authorised representative may not do such an act on behalf of an individual who is capable of doing that act, unless the individual expressly authorises the authorised representative to do that act.