Privacy Act 1988
View history note
Hide history noteAn activity performed in relation to an individual is a health service if the activity is intended or claimed (expressly or otherwise) by the individual or the person performing it:
(a) to assess, maintain or improve the individual ' s health; or
(b) where the individual ' s health cannot be maintained or improved - to manage the individual ' s health; or
(c) to diagnose the individual ' s illness, disability or injury; or
(d) to treat the individual ' s illness, disability or injury or suspected illness, disability or injury; or
(e) to record the individual ' s health for the purposes of assessing, maintaining, improving or managing the individual ' s health.
6FB(2)
The dispensing on prescription of a drug or medicinal preparation by a pharmacist is a health service .
6FB(3)
To avoid doubt:
(a) a reference in this section to an individual ' s health includes the individual ' s physical or psychological health; and
(b) an activity mentioned in subsection (1) or (2) that takes place in the course of providing aged care, palliative care or care for a person with a disability is a health service .
6FB(4)
The regulations may prescribe an activity that, despite subsections (1) and (2) is not to be treated as a health service for the purposes of this Act.
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