Victorian Current Acts
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HEALTH RECORDS ACT 2001
TABLE OF PROVISIONS
4. Interpretative provisions
5. When does an organisation hold health information?
6. Objects of Act
7. Relationship of this Act to other laws
8. Nature of rights created by this Act
9. Act binds the Crown
PART 2--APPLICATION OF THIS ACT
Division 1--Public sector organisations
10. Application to public sector
Division 2--Private sector organisations
11. Application to private sector
12. Effect of outsourcing
13. Personal, family or household affairs
14. Courts, tribunals, etc.
14A. Royal Commissions etc.
14B. Information sharing under the Family Violence Protection Act 2008
14C. Information sharing under the Child Wellbeing and Safety Act 2005
14D. Information sharing for quality and safety purposes under the Health Services Act 1988
15. Publicly available health information
16. Freedom of Information Act 1982
17. News media
PART 3--PRIVACY OF HEALTH INFORMATION
18. What is an interference with privacy?
19. Health Privacy Principles
20. Application of HPPs
21. Organisation to comply with HPPs
22. Health Complaints Commissioner may issue, approve or vary guidelines
23. Revocation of issue or approval
24. Disallowance by Governor in Council
PART 5--ACCESS TO HEALTH INFORMATION
Division 1--Right of access
25. Right of access
26. No access to health information where threat to life or health of individual or another person
27. No access to health information where information given in confidence
28. How right of access may be exercised
29. Providing access
30. Individual may authorise another person to be given access
31. Organisation may require evidence of identity or authority
Division 2--Request for access
33. Request for access
34. Response to request
35. Refusal of access
Division 3--Refusal of access on ground of threat to life or health of the individual requesting access
37. Offer to discuss health information
38. Individual may nominate health service provider to assess ground for refusal etc.
39. Organisation may object to nomination
40. Lapsing of nomination
41. Organisation must give health information to nominee
42. Functions of nominated health service provider
43. Alternative arrangements may be made
44. Provision of health services and keeping of health information—terms and conditions
Division 1--Making a complaint
46. Complaint referred to Health Complaints Commissioner
47. Complaints by children and people with an impairment
Division 2--Procedure after a complaint is made
48. Health Complaints Commissioner must notify respondent
49. Preliminary assessment of complaint
50. Splitting complaints
51. Circumstances in which Health Complaints Commissioner may decline to entertain complaint
52. Referral to registration board
53. Health Complaints Commissioner may dismiss stale complaint
54. Minister may refer a complaint direct to Tribunal
55. Complaint about registered health practitioner
56. What happens if a complaint is accepted?
57. What happens if conciliation or ruling is inappropriate?
58. Duty to stop proceedings
Division 3--Conciliation of complaints
59. Conciliation process
60. Power to obtain information and documents
61. Conciliation agreements
62. Conciliation statements, acts and documents inadmissible
63. What happens if conciliation fails?
Division 4--Investigation, rulings and compliance notices
64. Investigation and ruling
65. Referral to Tribunal
66. Compliance notice
67. Power to obtain information and documents
68. Conduct of investigation etc.
69. Power to examine witnesses
70. Protection against self-incrimination
71. Offence not to comply with compliance notice
72. Application for review—compliance notice
Division 5--Interim orders
73. Tribunal may make interim orders before hearing
Division 6--Jurisdiction of the Tribunal
74. When may the Tribunal hear a complaint?
75. Who are the parties to a proceeding?
76. Time limits for certain complaints
77. Inspection of exempt documents by Tribunal
78. What may the Tribunal decide?
80. Unlawfully requiring consent etc.
81. Unlawful destruction etc. or removal of health information
82. Unlawfully requesting or obtaining access to health information
83. Persons not to be persuaded not to exercise rights under Act
84. Failure to attend etc. before Health Complaints Commissioner
85. Capacity to consent or make a request or exercise right of access
86. Protection from liability
87. Functions of Health Complaints Commissioner
89. Health Complaints Commissioner to have regard to certain matters
92. Employees and agents
93. Offences by organisations or bodies
95. Deceased individuals
96. Legal professional privilege and client legal privilege not affected by this Act
97. Defect or invalidity—protection if person acts in good faith etc.
98. Unqualified organisation may obtain and act on expert advice
99. Supreme Court—limitation of jurisdiction
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