Victorian Current Acts

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HEALTH RECORDS ACT 2001 - SECT 33

Request for access

    (1)     An individual who has a right of access under section 25 to health information may request the organisation holding the information to provide access to it.

    (2)     An organisation may assist an individual in making a request by advising him or her about the different ways in which a right of access may be exercised.

    (3)     A request must—

        (a)     state the name and, unless it is already known to the organisation, the address of the individual; and

        (b)     sufficiently identify the health information to which access is sought; and

        (c)     specify the way in which the individual wishes to have access, being a way referred to in section 28; and

        (d)     be in writing if it is—

              (i)     a request by an authorised representative within the meaning of section 85(6); or

              (ii)     a request by a legal representative of a deceased individual.

    (4)     If the request is made orally, the organisation possessing the health information

        (a)     may, as soon as reasonably practicable, ask the individual to make the request in writing; and

        (b)     if the organisation does so, need not take any further action in respect of the oral request.



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