that the provision of the health information would pose a serious threat to the life or health of the person— the principal officer or Minister must not give access to the document so far as it contains that information and— (c) the procedure set out in Division 3 of Part 5 of the Health Records Act 2001 applies as if the refusal of access were a refusal under section 26 of that Act; and (d) the document is an exempt document. (5) Where but for this subsection the principal S. 33(5) amended by officer of an agency to which the provisions of Nos 10087 subsection (4) may apply would not be a person s. 3(1)(Sch. 1 item 91), registered under the Health Practitioner 23/1994 Regulation National Law to practise in the s. 118(Sch. 1 item 22.2), medical profession (other than as a student), the 97/2005 agency shall appoint a person registered under the s. 182(Sch. 4 item 22), Health Practitioner Regulation National Law to 13/2010 practise in the medical profession (other than as a s. 51(Sch. item 25). student) to be the principal officer of the agency for the purposes of subsection (4). (6) Nothing in this Act shall be taken to require an agency or Minister to give information as to the existence or non-existence of a document of a kind referred to in subsection (1) where information as to the existence or non-existence of that document, if included in a document of an agency, would cause the last-mentioned document to be an exempt document by virtue of this section. (7) Nothing in this section shall be construed so as to S. 33(7) amended by affect the procedures for access to adoption No. 10150 records contained in the Adoption Act 1984. s. 3(1).
that the provision of the health information would pose a serious threat to the life or health of the person— the principal officer or Minister must not give access to the document so far as it contains that information and— (c) the procedure set out in Division 3 of Part 5 of the Health Records Act 2001 applies as if the refusal of access were a refusal under section 26 of that Act; and (d) the document is an exempt document. S. 33(5) amended by Nos 10087 s. 3(1)(Sch. 1 item 91), 23/1994 s. 118(Sch. 1 item 22.2), 97/2005 s. 182(Sch. 4 item 22), 13/2010 s. 51(Sch. item 25). (5) Where but for this subsection the principal officer of an agency to which the provisions of subsection (4) may apply would not be a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student), the agency shall appoint a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) to be the principal officer of the agency for the purposes of subsection (4). (6) Nothing in this Act shall be taken to require an agency or Minister to give information as to the existence or non-existence of a document of a kind referred to in subsection (1) where information as to the existence or non-existence of that document, if included in a document of an agency, would cause the last-mentioned document to be an exempt document by virtue of this section. S. 33(7) amended by No. 10150 s. 3(1). (7) Nothing in this section shall be construed so as to affect the procedures for access to adoption records contained in the Adoption Act 1984.