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HEALTH RECORDS ACT 2001 - SECT 3

Definitions

    (1)     In this Act—

"child" means a person under the age of 18 years;

S. 3(1) def. of Commis-sioner for Privacy and Data Protection inserted by No. 60/2014 s. 140(Sch. 3 item 25.1(a)), repealed by No. 20/2017 s. 134(Sch. 1 item 10.1(b)).

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"consent" means express consent or implied consent;

"correct", in relation to health information, means to alter that information by way of amendment, deletion or addition;

S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 51).

"Council" has the same meaning as in the Local Government Act 2020 ;

"disability" has the same meaning as in the Disability Services Act 1991 ;

S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 6(Sch. 4 item 4.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 29.1).

"domestic partner "of a person means—

        (a)     a person who is in a registered relationship with the person; or

        (b)     an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

              (i)     for fee or reward; or

              (ii)     on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

"enactment" means an Act or a Commonwealth Act or an instrument of a legislative character made under an Act or a Commonwealth Act;

"Federal Privacy Commissioner" means Privacy Commissioner appointed under the Privacy Act 1988 of the Commonwealth;

"generally available publication" means a publication (whether in paper or electronic form) that is generally available to members of the public and includes information held on a public register;

S. 3(1) def. of Health Complaints Commis-sioner inserted by No. 22/2016 s. 178(b).

"Health Complaints Commissioner" means the Commissioner within the meaning of the Health Complaints Act 2016 ;

S. 3(1) def. of Health Complaints Commis-sioner Advisory Council inserted by No. 22/2016 s. 178(b).

"Health Complaints Commissioner Advisory Council" means the Council within the meaning of the Health Complaints Act 2016 ;

"health information" means—

        (a)     information or an opinion about—

              (i)     the physical, mental or psychological health (at any time) of an individual; or

              (ii)     a disability (at any time) of an individual; or

              (iii)     an individual's expressed wishes about the future provision of health services to him or her; or

              (iv)     a health service provided, or to be provided, to an individual

that is also personal information; or

        (b)     other personal information collected to provide, or in providing, a health service; or

        (c)     other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or

        (d)     other personal information that is genetic information about an individual in a form which is or could be predictive of the health (at any time) of the individual or of any of his or her descendants—

but does not include health information, or a class of health information or health information contained in a class of documents, that is prescribed as exempt health information for the purposes of this Act generally or for the purposes of specified provisions of this Act;

"Health Privacy Principle" means any of the Health Privacy Principles set out in Schedule 1;

"HPP" means Health Privacy Principle;

S. 3(1) def. of health service amended by Nos 13/2010 s. 51(Sch. item 28.2), 20/2016 s. 147, 61/2017 s. 139, 34/2019 s. 49.

"health service" means—

        (a)     an activity performed in relation to an individual that is intended or claimed (expressly or otherwise) by the individual or the organisation performing it—

              (i)     to assess, maintain or improve the individual's health; or

              (ii)     to diagnose the individual's illness, injury or disability; or

              (iii)     to treat the individual's illness, injury or disability or suspected illness, injury or disability; or

        (b)     a disability service, palliative care service or aged care service; or

        (c)     the dispensing on prescription of a drug or medicinal preparation by a pharmacist registered under the Health Practitioner Regulation National Law; or

    *     *     *     *     *

        (cb)     the sale or supply of a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act 2017 in accordance with that Act by a pharmacist registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); or

        (cc)     the supply or administration of a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act 2017 in accordance with that Act by a registered medical practitioner; or

        (d)     a service, or a class of service, provided in conjunction with an activity or service referred to in paragraph (a), (b), (c), (cb) or (cc) that is prescribed as a health service

but does not include a health service, or a class of health service, that is prescribed as an exempt health service for the purposes of this Act generally or for the purposes of specified provisions of this Act or to the extent that it is prescribed as an exempt health service;

"health service provider" means an organisation that provides a health service in Victoria to the extent that it provides such a service but does not include a health service provider, or a class of health service provider, that is prescribed as an exempt health service provider for the purposes of this Act generally or for the purposes of specified provisions of this Act or to the extent that it is prescribed as an exempt health service provider;

S. 3(1) def. of Health Services Commis-sioner repealed by No. 22/2016 s. 178(a).

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S. 3(1) def. of Health Services Review Council repealed by No. 22/2016 s. 178(a).

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"identifier" means an identifier (which is usually, but need not be, a number and does not include an identifier that consists only of the individual's name) that is—

        (a)     assigned to an individual in conjunction with or in relation to the individual's health information by an organisation for the purpose of uniquely identifying that individual, whether or not it is subsequently used otherwise than in conjunction with or in relation to health information; or

        (b)     adopted, used or disclosed in conjunction with or in relation to the individual's health information by an organisation for the purpose of uniquely identifying that individual;

"illness" means a physical, mental or psychological illness, and includes a suspected illness;

S. 3(1) def. of immediate family member amended by No. 27/2001 s. 6(Sch. 4 item 4.1(b)).

"immediate family member" of an individual means a person who is—

        (a)     a parent, child or sibling of the individual; or

        (b)     a spouse or domestic partner of the individual; or

        (c)     a member of the individual's household who is a relative of the individual; or

        (d)     a person nominated to a health service provider by the individual as a person to whom health information relating to the individual may be disclosed;

"individual" means a natural person;

S. 3(1) def. of Information Commis-sioner inserted by No. 20/2017 s. 134(Sch. 1 item 10.1(a)).

"Information Commissioner" means the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982 ;


S. 3(1) def. of law enforcement agency amended by Nos 52/2003 s. 52(Sch. 1 item 5), 37/2014 s. 10(Sch. item 77.1(b)), 57/2017 s. 49, 27/2018 s. 360.

"law enforcement agency" means—

        (a)     Victoria Police or the police force or police service of any other State or of the Northern Territory; or

        (b)     the Australian Federal Police; or

        (c)     the Australian Crime Commission; or

        (d)     the Commissioner appointed under section 8A of the Corrections Act 1986 ; or

        (e)     a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or

        (f)     an agency responsible for the performance of functions or activities directed to the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

        (g)     an agency responsible for the performance of functions or activities under an Act directed to the prevention, detection, investigation or remedying of, or the imposing of sanctions in relation to, seriously improper conduct; or

        (h)     an agency responsible for the holding of a person in custody or for the execution, enforcement or implementation of an order or decision made by a court or tribunal, including an agency that—

              (i)     executes warrants; or

              (ii)     provides correctional services, including a contractor within the meaning of the Corrections Act 1986 or a sub-contractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred on it by or under that Act; or

              (iii)     makes decisions relating to the release of persons from custody; or

              (i)     an agency responsible for the protection of the public revenue under a law administered by it; or

        (j)     the Australian Security Intelligence Organization; or

        (k)     the Australian Secret Intelligence Service; or

        (ka)     the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018 ; or

        (l)     a prescribed body;

S. 3(1) def. of law enforcement function amended by Nos 52/2008 s. 250, 68/2008 s. 77, 53/2010 s. 221(Sch. item 6), 53/2016 s. 102.

"law enforcement function" means one or more of the following—

        (a)     the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction;

        (b)     a function or activity under an Act directed to the prevention, detection, investigation or remedying of, or the imposing of sanctions in relation to, seriously improper conduct;

        (c)     the prevention, detection or investigation of conduct that could found an application for a family violence intervention order under the Family Violence Protection Act 2008 ;

        (ca)     the prevention, detection or investigation of conduct that could found an application for a personal safety intervention order under the Personal Safety Intervention Orders Act 2010 ;

        (cb)     the prevention, detection or investigation of conduct that could found an application for the variation or extension of a non-local DVO that is a recognised DVO, both within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

        (d)     the preparation for, or conduct of, proceedings before any court or tribunal, or execution, enforcement or implementation of the orders or decisions made by a court or tribunal;

        (e)     the holding of a person in custody or the provision of correctional services, including by a contractor within the meaning of the Corrections Act 1986 or a sub-contractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred on it by or under that Act;

        (f)     in the case of the Australian Security Intelligence Organization or the Australian Secret Intelligence Service, the performance of a function directed to the protection of the national security;

"legal representative", in relation to a deceased individual, means a person—

        (a)     holding office as executor of the will of the deceased individual where probate of the will has been granted or resealed in Victoria or any other State or Territory; or

        (b)     holding office in Victoria or any other State or Territory as administrator of the estate of the deceased individual;

S. 3(1) def. of NDIS Commis-sioner inserted by No. 19/2019 s. 264(1).

"NDIS Commissioner "means Commissioner of the NDIS Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;

"news activity" means—

        (a)     the gathering of news for the purposes of dissemination to the public or any section of the public; or

        (b)     the preparation or compiling of articles or programs of or concerning news, observations on news or current affairs for the purposes of dissemination to the public or any section of the public; or

        (c)     the dissemination to the public or any section of the public of any article or program of or concerning news, observations on news or current affairs;

"news medium" means any organisation whose business, or whose principal business, consists of a news activity;

"organisation" means a person or body that is an organisation to which this Act applies by force of Division 1 or 2 of Part 2;

"parent", in relation to a child, includes—

        (a)     a step-parent;

        (b)     an adoptive parent;

        (c)     a foster parent;

        (d)     a guardian;

        (e)     a person who has custody or daily care and control—

of the child;

"personal information" means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information about an individual who has been dead for more than 30 years;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 77.1(a)).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of Privacy Commis-sioner repealed by No. 60/2014 s. 140(Sch. 3 item 25.1(b)).

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"private sector organisation" means a person or body that is referred to in Division 2 of Part 2;

"public register" means a document held by a public sector agency or a Council and open to inspection by members of the public (whether or not on payment of a fee) by force of a provision made by or under an Act other than the Freedom of Information Act 1982 or the Public Records Act 1973 containing information that—

        (a)     a person or body was required or permitted to give to that public sector agency or Council by force of a provision made by or under an Act; and

        (b)     would be health information if the document were not a generally available publication;

S. 3(1) def. of public sector agency substituted by No. 108/2004 s. 117(1) (Sch. 3 item 95).

"public sector agency" means a public service body or public entity within the meaning of the Public Administration Act 2004 ;

"public sector organisation" means a person or body that is referred to in Division 1 of Part 2;

S. 3(1) def. of registered health practitioner inserted by No. 22/2016 s. 178(d).

"registered health practitioner" has the same meaning as in the Health Practitioner Regulation National Law;


S. 3(1) def. of registered health service provider repealed by No. 22/2016 s. 178(c).

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S. 3(1) def. of registered medical practitioner amended by No. 97/2005 s. 182(Sch. 4 item 26), substituted by No. 13/2010 s. 51(Sch. item 28.1).

"registered medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);



S. 3(1) def. of registration board substituted by No. 22/2016 s. 178(e).

"registration board" means a National Board established under the Health Practitioner Regulation National Law;

"relative" of an individual means a grandparent, grandchild, uncle, aunt, nephew or niece of the individual;

"sibling" of an individual includes a half-brother, half-sister, adoptive brother, adoptive sister, step-brother or step-sister of the individual;

S. 3(1) def. of spouse inserted by No. 27/2001 s. 6(Sch. 4 item 4.1(a)).

"spouse" of a person means a person to whom the person is married;

"State contract" means a contract between—

        (a)     a public sector organisation; and

        (b)     another person or body that is not a public sector organisation

under which services are to be provided to one (the outsourcing organisation) by the other (the outsourced service provider) in connection with the performance of functions of the outsourcing organisation, including services that the outsourcing organisation is to provide to other persons or bodies;

"the Tribunal" means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 .

Note

Document is defined by section 38 of the Interpretation of Legislation Act 1984 .

    (2)     A reference in this Act to an outsourced service provider is a reference to a person or body in the capacity of outsourced service provider and includes a reference to a subcontractor of the outsourced service provider (or of another such subcontractor) for the purposes (whether direct or indirect) of the outsourcing contract.

S. 3(3) inserted by No. 27/2001 s. 6(Sch. 4 item 4.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 29.2).

    (3)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

        (c)     a person is not a domestic partner of another person only because they are co-tenants.



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