Section 6FB — Privacy Act 1988: Meaning of health service

(1) An 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. (2) The dispensing on prescription of a drug or medicinal preparation by a pharmacist is a health service. (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. (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.