Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Functions of Health Complaints Commissioner

The functions of the Health Complaints Commissioner under this Act are—

        (a)     to promote an understanding and acceptance of the Health Privacy Principles and of the objects of those Principles;

        (b)     in accordance with Part 4, to issue, approve or vary guidelines for the purposes of the Health Privacy Principles;

        (c)     to publish model terms capable of being adopted by an organisation in a contract or arrangement with a recipient of health information being transferred by the organisation outside Victoria;

S. 87(d) amended by No. 22/2016 s. 225(b).

        (d)     subject to this Act, to receive complaints about an act or practice of an organisation

              (i)     that may contravene a Health Privacy Principle; or

              (ii)     that may interfere with the privacy of an individual or may otherwise have an adverse effect on the privacy of an individual

and, if the Health Complaints Commissioner considers it appropriate to do so, to endeavour, by conciliation, to effect a settlement of the matters that gave rise to the complaint;

        (e)     to investigate, conciliate and make rulings on complaints under this Act;

        (f)     to serve compliance notices on organisations;

        (g)     subject to approval from the Minister, to initiate inquiries into—

S. 87(g)(i) amended by No. 22/2016 s. 225(c).

              (i)     matters referred by the Health Complaints Commissioner Advisory Council; and

              (ii)     broader issues of health care arising out of complaints received under this Act;

        (h)     to conduct or commission audits of records of health information held by an organisation for the purpose of ascertaining whether the records are handled according to the Health Privacy Principles;

              (i)     to monitor and report on the adequacy of equipment and user safeguards;

        (j)     to undertake research into, and to monitor developments in, data processing and computer technology (including data matching and data linkage) to ensure that any adverse effects of such developments on personal privacy are minimised, and to report to the Minister the results of the research and monitoring;

S. 87(k) amended by No. 22/2016 s. 225(d).

        (k)     for the purpose of promoting the protection of personal privacy, to undertake educational programs on the Health Complaints Commissioner's own behalf or in co‑operation with other persons or bodies whose functions concern the protection of personal privacy;

S. 87(l) amended by No. 22/2016 s. 225(e).

        (l)     from time to time, in the public interest, to publish reports and recommendations relating generally to the Health Complaints Commissioner's functions under this Act or to any matter investigated by the Health Complaints Commissioner under this Act, whether or not the matters to be dealt with in any such report have been the subject of a report to the Minister;

        (m)     to consult and co-operate with other persons and bodies concerned with personal privacy;

S. 87(n) amended by No. 22/2016 s. 225(f).

        (n)     to provide advice to the Health Complaints Commissioner Advisory Council;

        (o)     to provide advice (with or without a request) to any individual or organisation on any matter relevant to the operation of this Act;

        (p)     to examine and assess (with or without a request) the impact on personal privacy of any act or practice, or proposed act or practice, of an organisation;

        (q)     to make suggestions to any individual or organisation in relation to any matter that concerns the need for, or the desirability of, action by that individual or organisation to protect the privacy of health information;

S. 87(r) amended by No. 22/2016 s. 225(g).

        (r)     to gather information that, in the opinion of the Health Complaints Commissioner, will assist the Health Complaints Commissioner in carrying out his or her functions under this Act;

S. 87(s) amended by No. 22/2016 s. 225(h).

        (s)     to perform any other function conferred on the Health Complaints Commissioner by this Act.

S. 88 amended by No. 22/2016 s. 226.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback