Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts17. (1) A record-keeper shall not give access to a health record or part of a health record if, under this section, the health record or part of the record is subject to confidentiality.
(2) A health record, or part of a health record, in relation to a consumer is subject to confidentiality if it consists of or includes material or information given in confidence, to the person who wrote the record, by a person other than—
(a) the consumer;
(b) a guardian of the consumer; or
(c) a health service provider in the course of, or otherwise in relation to, the provider's treatment of the consumer.
(3) A health record, or part of a health record, in relation to a consumer is subject to confidentiality if—
(a) the consumer notifies a record-keeper to the effect that the consumer wants the health record or part of the record, or information contained in the record or part, to remain confidential;
(b) the record-keeper marks the record or part of the record accordingly; and
(c) the consumer—
(i) becomes a legally incompetent person; or
(ii) dies.