112XPower of screening programme evaluators to access specimens and health information

1. For the purposes of this section, section 112ZB, section 112ZC, and section 112ZD, a relevant woman is—

2. a woman who is enrolled in the NCSP; or
3. a woman who is not enrolled in the NCSP but who has developed any cervical cancer; or
4. a deceased woman to whom paragraph (a) or paragraph (b) applied at the time of her death.

5. Except to the extent that regulations have been made under section 112ZF(1)(c) or (d) limiting access to certain information, or that the Director-General has limited a screening programme evaluator's access to certain information under section 112U(3), a screening programme evaluator has full access to—

6. all information held by the persons operating the NCSP; and
7. all information on the cancer registry that relates to a relevant woman; and
8. all health information and all specimens that relate to a relevant woman and that are held by, or are otherwise under the power and control of, any—
   1. health practitioner; or
   2. laboratory; or
   3. hospital.

9. A screening programme evaluator may—

10. take copies of all information and records to which he or she has access; and
11. take any specimen to which he or she has access, or take a part of that specimen.

12. A screening programme evaluator may only access or copy information and specimens under subsection (2) or (3) for the purpose of performing, and to the extent necessary to perform, that person's functions as a screening programme evaluator.

13. Subsection (4) is subject to section 112ZE.

14. When a screening programme evaluator accesses health information under subsection (2)(c)(i) that is held by, or otherwise in the power or control of, a health practitioner, that health practitioner may oversee that access.

15. To avoid doubt, subsection (2) does not affect the Health (Cervical Screening (Kaitiaki)) Regulations 1995 (SR 1995/29).