s. 33 or, in the case of a deceased person, to the person's next-of-kin. (4) If— S. 33(4) amended by No. 23/1994 (a) a request is made to an agency or Minister s. 118(Sch. 1 for access to a document of the agency, or an item 22.1), substituted by official document of the Minister, that No. 2/2001 contains health information concerning the s. 101(2). person making the request; and (b) the principal officer or the Minister, as the case may be, believes on reasonable grounds 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 officer S. 33(5) amended by of an agency to which the provisions of subsection Nos 10087 (4) may apply would not be a person registered s. 3(1)(Sch. 1 item 91), under the Health Practitioner Regulation National 23/1994 Law to practise in the medical profession (other s. 118(Sch. 1 item 22.2), than as a student), the agency shall appoint a 97/2005 person registered under the Health Practitioner s. 182(Sch. 4 item 22), Regulation National Law to practise in the 13/2010 medical profession (other than as a student) to be s. 51(Sch. item 25). 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
or, in the case of a deceased person, to the person's next-of-kin. S. 33(4) amended by No. 23/1994 s. 118(Sch. 1 item 22.1), substituted by No. 2/2001 s. 101(2). (4) If— (a) a request is made to an agency or Minister for access to a document of the agency, or an official document of the Minister, that contains health information concerning the person making the request; and (b) the principal officer or the Minister, as the case may be, believes on reasonable grounds 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— s. 33 (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
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