Victorian Current Acts Victorian Current ActsNo. 2 of 2001
Version incorporating amendments as at
7 February 2024
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
Version No. 049
No. 2 of 2001
Version incorporating amendments as at
7 February
2024
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 23 November 2000
Legislative Council: 22 March 2001
The long title for the Bill for this Act was "A Bill to establish a regime for the protection of health information held by health service providers and other organisations, to create an enforceable right of access to health information, to establish privacy standards for health information, to amend the Parliamentary Committees Act 1968, the Ombudsman Act 1973, the Freedom of Information Act 1982, the Health Services (Conciliation and Review) Act 1987, the Subordinate Legislation Act 1994 and certain other Acts and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 23 November 2000
Legislative Council: 22 March 2001
Absolute majorities:
Legislative Assembly: 20 March 2001
Legislative Council: 3 April 2001
The Health Records Act 2001 was assented to on 10 April 2001 and came into operation as follows:
Ss 1–6, 22–24, 84, 87(a)(b)(k)(m)–(o)(q)(r), 88–91,
94, 100,
105(c)–(e)(i)(f)–(k)(n), 107(b)(c), 111(2)(a)(3)(5) on
16 November 2001: Government Gazette 15 November 2001 page 2839; ss 7, 8,
13–17, 19, 85, 86(2)–(5), 93, 95–99, 103(1)(2)(b), 109,
111(1), Schedule 1 on 1 March 2002: Government Gazette 28 February 2002 page
318; rest of Act on 1 July 2002: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Health Records Act 2001 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
|
Assent Date: |
12.6.01 |
|
Commencement Date: |
S. 6(Sch. 4 item 4) on 28.6.01: Government Gazette 28.6.01 p. 1428 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Health Practitioner Acts (Further Amendments) Act 2002, No. 14/2002
|
Assent Date: |
7.5.02 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Australian Crime Commission (State Provisions) Act 2003, No. 52/2003
|
Assent Date: |
16.6.03 |
|
Commencement Date: |
S. 52(Sch. 1 item 5) on 17.6.03: s. 2(1) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Health Legislation (Further Amendment) Act 2003, No. 98/2003
|
Assent Date: |
2.12.03 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Parliamentary Committees Act 2003, No. 110/2003
|
Assent Date: |
9.12.03 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Public Administration Act 2004, No. 108/2004
|
Assent Date: |
21.12.04 |
|
Commencement Date: |
S. 117(1)(Sch. 3 item 95) on 5.4.05: Government Gazette 31.3.05 p. 602 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
|
Assent Date: |
24.5.05 |
|
Commencement Date: |
S. 18(Sch. 1 item 48) on 12.12.05: Government Gazette 1.12.05 p. 2781 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Health Professions Registration Act 2005, No. 97/2005
|
Assent Date: |
7.12.05 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Disability Act 2006, No. 23/2006
|
Assent Date: |
16.5.06 |
|
Commencement Date: |
S. 241 on 1.7.07: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Statute Law Revision Act 2007, No. 28/2007
|
Assent Date: |
26.6.07 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Relationships Act 2008, No. 12/2008
|
Assent Date: |
15.4.08 |
|
Commencement Date: |
S. 73(1)(Sch. 1 item 29) on 1.12.08: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Family Violence Protection Act 2008, No. 52/2008
|
Assent Date: |
23.9.08 |
|
Commencement Date: |
S. 250 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Stalking Intervention Orders Act 2008, No. 68/2008
|
Assent Date: |
18.11.08 |
|
Commencement Date: |
S. 77 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
|
Assent Date: |
24.11.09 |
|
Commencement Date: |
S. 54(Sch. Pt 1 item 29) on 1.1.10: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
|
Assent Date: |
30.3.10 |
|
Commencement Date: |
S. 51(Sch. item 28) on 1.7.10: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Personal Safety Intervention Orders Act 2010, No. 53/2010
|
Assent Date: |
7.9.10 |
|
Commencement Date: |
S. 221(Sch. item 6) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, No. 6/2012
|
Assent Date: |
6.3.12 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
|
Assent Date: |
18.12.12 |
|
Commencement Date: |
S. 289 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
|
Assent Date: |
25.3.14 |
|
Commencement Date: |
S. 160(Sch. 2 item 47) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
|
Assent Date: |
3.6.14 |
|
Commencement Date: |
S. 10(Sch. item 77) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Powers of Attorney Act 2014, No. 57/2014
|
Assent Date: |
26.8.14 |
|
Commencement Date: |
S. 153 on 1.9.15: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Privacy and Data Protection Act 2014, No. 60/2014
|
Assent Date: |
2.9.14 |
|
Commencement Date: |
S. 140(Sch. 3 item 25) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Inquiries Act 2014, No. 67/2014
|
Assent Date: |
23.9.14 |
|
Commencement Date: |
S. 147(Sch. 2 item 19) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Access to Medicinal Cannabis Act 2016, No. 20/2016
|
Assent Date: |
26.4.16 |
|
Commencement Date: |
S. 147 on 14.9.16: Special Gazette (No. 284) 13.9.16 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Health Complaints Act 2016, No. 22/2016
|
Assent Date: |
3.5.16 |
|
Commencement Date: |
Ss 178–232 on 1.2.17: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016
|
Assent Date: |
31.5.16 |
|
Commencement Date: |
S. 81 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
National Domestic Violence Order Scheme Act 2016, No. 53/2016
|
Assent Date: |
18.10.16 |
|
Commencement Date: |
S. 102 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Medical Treatment Planning and Decisions Act 2016, No. 69/2016
|
Assent Date: |
29.11.16 |
|
Commencement Date: |
S. 157 on 12.3.18: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017
|
Assent Date: |
16.5.17 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017
|
Assent Date: |
14.6.17 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017
|
Assent Date: |
8.11.17 |
|
Commencement Date: |
S. 49 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Voluntary Assisted Dying Act 2017, No. 61/2017
|
Assent Date: |
5.12.17 |
|
Commencement Date: |
S. 139 on 19.6.19: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018
|
Assent Date: |
10.4.18 |
|
Commencement Date: |
S. 42 on 11.4.18: Special Gazette (No. 164) 10.4.18 p. 1; s. 30 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Serious Offenders Act 2018, No. 27/2018
|
Assent Date: |
26.6.18 |
|
Commencement Date: |
S. 360 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Guardianship and Administration Act 2019, No. 13/2019
|
Assent Date: |
4.6.19 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019
|
Assent Date: |
25.6.19 |
|
Commencement Date: |
S. 264 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Health Legislation Amendment and Repeal Act 2019, No. 34/2019
|
Assent Date: |
22.10.19 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Local Government Act 2020, No. 9/2020
|
Assent Date: |
24.3.20 |
|
Commencement Date: |
S. 390(Sch. 1 item 51) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Terrorism (Community Protection) Amendment Act 2021, No. 47/2021
|
Assent Date: |
3.11.21 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Mental Health and Wellbeing Act 2022, No. 39/2022 (as amended by No. 20/2023)
|
Assent Date: |
6.9.22 |
|
Commencement Date: |
Ss 829−831 on 1.9.23: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
Health Legislation Amendment (Information Sharing) Act 2023, No. 4/2023
|
Assent Date: |
28.3.23 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Health Records Act 2001 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1]S. 25(1): Section 5 defines what is meant by this expression.
[2]S. 26: See also Division 3 of Part 5 and HPP 6.3.
[3]S. 27: HPP 1.7 relates to the collection of information given in confidence.
[4]S. 45(1): Section 18 defines what is meant by this expression.
[5]S. 64(1): Section 18 defines what is meant by this expression.
[6]S. 96: See also HPP 6.1(c).
[7]Sch. 1 HPP 1.5: See HPP 1.7 and also section 27.
[8]Sch. 1 HPP 1.7: See also section 27.
[9]Sch. 1 HPP 2: See also HPP 9 for requirements relating to the transfer of health information to a person who is outside Victoria.
[10]Sch. 1 HPP 2.2: A use or disclosure may be permitted under more than one paragraph of HPP 2.2.
[11] Sch. 1 HPP 2.2(i): For the purposes of this paragraph, the term "breach of confidence" relates to the general law of confidence (including but not limited to the common law or in equity), which requires, amongst other things, that a duty of confidence exists under that law which is not, in the particular circumstances, outweighed by any countervailing public interest under that law.
[12] Sch. 1 HPP 2.2(j): See note 11.
[13]Sch. 1 HPP 6: See section 34(3) for access to health information, only part of which is claimed to fall within HPP 6.1 or HPP 6.2.
[14]Sch. 1 HPP 6.1(c): See also section 96.
[15]Sch. 1 HPP 6.5: See HPP 4.2 and HPP 4.3 for deletion or destruction of health information.
[16]Sch. 1 HPP 6.10: See section 35 regarding refusal of access.