77 Giving relevant healthcare information to applicant's nominated healthcare professional

(1) This section applies if an agency or Minister refuses access to a document under section 47(3)(d).

(2) Despite the refusal, the agency or Minister may direct that access to the document is to be given instead to an appropriately qualified healthcare professional nominated by the applicant and approved by the agency or Minister.


Only a principal officer, Minister or appointed healthcare professional may give this direction or approve the applicant’s nominated healthcare professional—see sections 30(5) and 31(2).

(3) The nominated and approved healthcare professional may decide—

(a) whether or not to disclose all or part of the relevant healthcare information contained in the document to the applicant; and

(b) the way in which to disclose the information to the applicant.