Victorian Current Acts

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HEALTH RECORDS ACT 2001 - SECT 34

Response to request

    (1)     This section applies to a request made under section 33, other than an oral request which the organisation has asked the individual to make in writing.

    (2)     Within 45 days after receiving a request, the organisation must—

        (a)     give to the individual a written reason for refusal of access to the health information, being a reason for refusal provided by this Part or HPP 6; or

        (b)     if the organisation is charging a fee in accordance with section 32 for giving access—

              (i)     give to the individual a written notice stating that the organisation will give access to the health information on payment of the fee specified in the notice; and

              (ii)     give access to the health information in accordance with section 29 or HPP 6.2 within 7 days after payment of the fee or 45 days after receiving the request, whichever is the later; or

        (c)     in every other case, give access to the health information in accordance with section 29 or HPP 6.2 as soon as practicable but not later than 45 days after receiving the request.

    (3)     If the organisation gives a notice under subsection (2)(a) that relates only to a part of the health information held by the organisation, the organisation must comply with subsection (2) in respect of the remainder of the health information.



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