Victorian Current Acts

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HEALTH RECORDS ACT 2001 - SECT 60

Power to obtain information and documents

S. 60(1) amended by No. 22/2016 s. 206(a).

    (1)     If the Health Complaints Commissioner has reason to believe that a person has information or a document relevant to a conciliation under this Division, the Health Complaints Commissioner may give to the person a written notice requiring the person—

S. 60(1)(a) amended by No. 22/2016 s. 206(b).

        (a)     to give the information to the Health Complaints Commissioner in writing signed by the person or, in the case of a body corporate, by an officer of the body corporate; or

S. 60(1)(b) amended by No. 22/2016 s. 206(c).

        (b)     to produce the document to the Health Complaints Commissioner.

S. 60(2) amended by No. 22/2016 s. 206(d).

    (2)     If the Health Complaints Commissioner has reason to believe that a person has information relevant to a conciliation under this Division, the Health Complaints Commissioner may give to the person a written notice requiring the person to attend before the Health Complaints Commissioner at a time and place specified in the notice to answer questions relevant to the complaint.

S. 60(3) amended by No. 22/2016 s. 206(e).

    (3)     The Health Complaints Commissioner is not entitled to require an agency within the meaning of the Freedom of Information Act 1982 or a Minister to give any information if the Secretary to the Department of Premier and Cabinet furnishes to the Health Complaints Commissioner a certificate certifying that the giving of that information (including in answer to a question) would involve the disclosure of information which, if included in a document of the agency or an official document of the Minister, would cause the document to be an exempt document of a kind referred to in section 28(1) of the Freedom of Information Act 1982 .

S. 60(4) amended by No. 22/2016 s. 206(f).

    (4)     The Health Complaints Commissioner may not conduct an investigation in respect of a certificate under subsection (3) or question whether the information is of a kind referred to in section 28(1) of the Freedom of Information Act 1982 or a decision to sign such a certificate.



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