Victorian Current Acts

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HEALTH RECORDS ACT 2001 - SECT 95

Deceased individuals

    (1)     This Act applies in relation to a deceased individual who has been dead for 30 years or less, so far as it is reasonably capable of doing so, in the same way as it applies in relation to an individual who is not deceased.

    (2)     Subject to subsection (3), if an individual has died, a right or power conferred on individuals by a provision of this Act is exercisable in relation to the deceased individual, so far as the circumstances reasonably permit, by a legal representative of the deceased individual.

    (3)     A purported consent by a legal representative of a deceased individual is void if, when giving it, the legal representative knows or believes that the consent does not accord with the wishes expressed, and not changed or withdrawn, by the individual in his or her lifetime.

S. 96 (Heading) amended by No. 69/2009 s. 54(Sch. Pt 1 item 29.1).



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