HEALTH RECORDS ACT 2001

Victorian Consolidated Legislation

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HEALTH RECORDS ACT 2001

No. 2 of 2001
Version incorporating amendments as at 1 July 2007

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Interpretative provisions
5. When does an organisation hold health information?
6. Objects of Act
7. Relationship of this Act to other laws
8. Nature of rights created by this Act
9. Act binds the Crown

PART 2-APPLICATION OF THIS ACT

Division 1-Public sector organisations

10. Application to public sector

Division 2-Private sector organisations

11. Application to private sector
12. Effect of outsourcing

Division 3-Exemptions

13. Personal, family or household affairs
14. Courts, tribunals, etc.
15. Publicly available health information
16. Freedom of Information Act 1982.
17. News media

PART 3-PRIVACY OF HEALTH INFORMATION

18. What is an interference with privacy?
19. Health Privacy Principles
20. Application of HPPs
21. Organisation to comply with HPPs

PART 4-GUIDELINES

22. Health Services Commissioner may issue, approve or vary guidelines
23. Revocation of issue or approval
24. Disallowance by Governor in Council

PART 5-ACCESS TO HEALTH INFORMATION

Division 1-Right of access

25. Right of access
26. No access to health information where threat to life or health
of individual or another person
27. No access to health information where information given in confidence
28. How right of access may be exercised
29. Providing access
30. Individual may authorise another person to be given access
31. Organisation may require evidence of identity or authority
32. Fees

Division 2-Request for access

33. Request for access
34. Response to request
35. Refusal of access

Division 3-Refusal of access on ground of threat to life or health
of the individual requesting access

36. Application
37. Offer to discuss health information
38. Individual may nominate health service provider to assess
ground for refusal etc.
39. Organisation may object to nomination
40. Lapsing of nomination
41. Organisation must give health information to nominee
42. Functions of nominated health service provider

Division 4-Miscellaneous

43. Alternative arrangements may be made
44. Provision of health services and keeping of health information-terms and conditions

PART 6-COMPLAINTS

Division 1-Making a complaint

45. Complaints
46. Complaint referred to Health Services Commissioner
47. Complaints by children and people with an impairment

Division 2-Procedure after a complaint is made

48. Health Services Commissioner must notify respondent
49. Preliminary assessment of complaint
50. Splitting complaints
51. Circumstances in which Health Services Commissioner may decline to entertain complaint
52. Referral to registration board
53. Health Services Commissioner may dismiss stale complaint
54. Minister may refer a complaint direct to Tribunal
55. Complaint about registered health service provider
56. What happens if a complaint is accepted?
57. What happens if conciliation or ruling is inappropriate?
58. Duty to stop proceedings

Division 3-Conciliation of complaints

59. Conciliation process
60. Power to obtain information and documents
61. Conciliation agreements
62. Conciliation statements, acts and documents inadmissible
63. What happens if conciliation fails?

Division 4-Investigation, rulings and compliance notices

64. Investigation and ruling
65. Referral to Tribunal
66. Compliance notice
67. Power to obtain information and documents
68. Conduct of investigation etc.
69. Power to examine witnesses
70. Protection against self-incrimination
71. Offence not to comply with compliance notice
72. Application for review-compliance notice

Division 5-Interim orders

73. Tribunal may make interim orders before hearing

Division 6-Jurisdiction of the Tribunal

74. When may the Tribunal hear a complaint?
75. Who are the parties to a proceeding?
76. Time limits for certain complaints
77. Inspection of exempt documents by Tribunal
78. What may the Tribunal decide?

PART 7-OFFENCES

79. Definition
80. Unlawfully requiring consent etc.
81. Unlawful destruction etc. or removal of health information
82. Unlawfully requesting or obtaining access to health information
83. Persons not to be persuaded not to exercise rights under Act
84. Failure to attend etc. before Health Services Commissioner

PART 8-GENERAL

85. Capacity to consent or make a request or exercise right of
access
86. Protection from liability
87. Functions of Health Services Commissioner
88. Powers
89. Health Services Commissioner to have regard to certain
matters
90. Secrecy
91. Delegation
92. Employees and agents
93. Offences by organisations or bodies
94. Prosecutions
95. Deceased individuals
96. Legal professional privilege not affected by this Act
97. Defect or invalidity-protection if person acts in good
faith etc.
98. Unqualified organisation may obtain and act on expert advice
99. Supreme Court-limitation of jurisdiction
100. Regulations

PART 9-Repealed

101-137. Repealed
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SCHEDULE 1-The Health Privacy Principles
1. Principle 1-Collection
When health information may be collected
How health information is to be collected
Information given in confidence
2. Principle 2-Use and Disclosure
3. Principle 3-Data Quality
4. Principle 4-Data Security and Data Retention
5. Principle 5-Openness
6. Principle 6-Access and Correction
Access
Correction
Written reasons
7. Principle 7-Identifiers
8. Principle 8-Anonymity
9. Principle 9-Transborder Data Flows
10. Principle 10-Transfer or closure of the practice of a health service provider
11. Principle 11-Making information available to another health service provider
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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