(1) It is a term of a contract, whether oral or in writing, for the provision of a health service to an individual that the health service provider will allow the individual to have access, in accordance with this Act, to health information relating to the individual that relates to, or is made in consequence of the provision of, the service.
(2) Subsection (1) applies to a contract, whether or not the individual is a party to the contract, made after the commencement of this section and—
(a) the contract is made in Victoria; or
(b) the contract has been, or is to be, performed wholly or partly in Victoria; or
(c) the individual is present or resides in Victoria when the contract is made.
(3) For the purposes of this section, it is immaterial whether—
(a) the health service was provided in Victoria; or
(b) the health information is kept or located in Victoria.
(4) If a contract or other agreement purports to
exclude, or is inconsistent with, a provision of this section, the contract or
agreement is, to that extent, void.
Division 1—Making a complaint