Page 3861 - Week 11 - Thursday, 24 November 2022

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Schedule of amendments

Schedule 1

Health Legislation Amendment Bill 2022

Amendments moved by the Minister for Health

1

Proposed new clauses 11 and 12

Page 6, line 8—

insert

11 Section 49 (4) (c) 

substitute

(c) with the consent of—

(i) the person to whom the information relates (the relevant person); or

(ii) if the relevant person is a child or young person—a person with parental responsibility for the relevant person; or

(iii) if the relevant person is a legally incompetent person—a guardian of, or power of attorney for, the relevant person; or

(iv) if the relevant person is a deceased person to whom subsection (1) (a) applies—the relevant person’s next of kin or legal personal representative; or

12 New section 49 (5) and (6) 

(5) For subsection (4) (c), the definition of next of kin in the dictionary does not apply.

(6) In this section:

legally incompetent person means a person who is subject to—

(a) an enduring power of attorney that has become operative; or

(b) a guardianship order.

person with parental responsibility, for a child or young person, means a parent or someone else with parental responsibility for the child or young person under the Children and Young People Act 2008, division 1.3.2.

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