Section 44(3)

(3) If—

(a) an application 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 care information concerning the applicant; and

(b) it appears to the principal officer of the agency or the Minister that the disclosure of the information to the person might be prejudicial to the physical or mental health or wellbeing of the person;

the principal officer or Minister may direct that access to the document is not to be given to the person but is to be given instead to an appropriately qualified health care professional nominated by the person and approved by the principal officer or Minister.

(6) In this section—

appropriately qualified means having the qualifications and experience appropriate to assess the health care information in the document.

health care information means information provided by a health care professional.

health care professional means a person who carries on, and is entitled to carry on, an occupation involving the provision of care for a person’s physical or mental health or wellbeing, including, for example—

(a) a doctor, including a psychiatrist; or

(b) a psychologist; or

(d) a registered nurse.