Victorian Current Acts

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HEALTH RECORDS ACT 2001 - SECT 39

Organisation may object to nomination

    (1)     Subject to subsection (2), if—

        (a)     an organisation receives a notice under section 38(1) nominating a health service provider; and

        (b)     the organisation believes on reasonable grounds that the nominated health service provider is not suitable to act as the nominated health service provider

the organisation may, within 14 days after receiving the notice, give a written notice to the individual

        (c)     stating that the organisation objects to the nominated health service provider and specifying the ground of the objection; and

        (d)     if the organisation considers it appropriate to do so, suggesting the class of health service providers from which a health service provider should be nominated.

    (2)     Subsection (1) does not apply in any of the following cases—

        (a)     if the health service provider who recorded the health information and the nominated health service provider are registered with the same registration board;

        (b)     if the nominated health service provider is a registered medical practitioner and has the ability to understand and interpret the health information;

        (c)     if the nominated health service provider provides the same kind of service as the health service provider who recorded the health information and the nominated health service provider has the ability to understand and interpret the health information.



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