Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 657 · Protection Against Adverse (Cap. 657)

Cap. 657 Art. 2Interpretation.    Cap. 452. 2 [CAP.

In KraftAmtlicher Text

In this Act, unless the context otherwise requires:

"Board" means the Review Board established by article 5;

"contract of service" and "contract of employment" shall have the meaning assigned to them in accordance with article 2

of the Employment and Industrial Relations Act;

"date of diagnosis" means the first day a qualified medical professional determines a person has an oncological disease;

"date of end of treatment" means the date of the last active treatment in accordance with the applicable medical protocol, and in case of a dispute between the recovered person and the other party this date may be determined in accordance with article 7;

"established period" means the period of time which has elapsed since the date of the end of treatment without relapse;

"financial services agreement" means any life insurance contract, bank loan agreement, or any other contract or agreement ancillary thereto;

"medical history" means any medical records relating to

*Not yet in force. FOR PERSONS WHO RECOVERED FROM ONCOLOGI-657. CAL DISEASES (RIGHT TO BE FORGOTTEN)

the diagnosis and treatment of any oncological disease, including any records which may pre-date the diagnosis if they refer to the related testing, and also includes any follow-up medical check-ups, tests, and results following the end of treatment in so far as they relate to the oncological disease, and it shall also include any inquiry, request, or disclosure, whether oral or written, regarding whether a person has ever been diagnosed with or treated for any oncological disease;

"Minister" means the Minister responsible for health;

"oncological disease" means any disease involving abnormal growth and spread of cells in the body, commonly known as cancer;

"other party" means the party offering a financial services agreement, contract of service or contract of employment;

"recovered person" or "person who recovered" means a person who had been diagnosed with an oncological disease and is in remission following successful treatment;

"relapse" means the recurrence of the oncological disease following the end of treatment, and shall not include any other health issues which may arise during the period following the end of treatment even if emanating as a direct consequence of the oncological disease.