Victorian Consolidated Legislation

HEALTH RECORDS ACT 2001 - NOTES

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

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 23 November 2000
Legislative Council: 22 March 2001
The long title for the Bill for this Act was "A Bill to establish a regime for the protection of health information held by health service providers and other organisations, to create an enforceable right of access to health information, to establish privacy standards for health information, to amend the Parliamentary Committees Act 1968, the Ombudsman Act 1973, the Freedom of Information Act 1982, the Health Services (Conciliation and Review) Act 1987, the Subordinate Legislation Act 1994 and certain other Acts and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 23 November 2000
Legislative Council: 22 March 2001
Absolute majorities:
Legislative Assembly: 20 March 2001
Legislative Council: 3 April 2001
The Health Records Act 2001 was assented to on 10 April 2001 and came into operation as follows:
Ss 1-6, 22-24, 84, 87(a)(b)(k)(m)-(o)(q)(r), 88-91, 94, 100, 
105(c)-(e)(i)(f)-(k)(n), 107(b)(c), 111(2)(a)(3)(5) on 16 November 2001: Government Gazette 15 November 2001 page 2839; ss 7, 8, 13-17, 19, 85, 86(2)-(5), 93, 95-99, 103(1)(2)(b), 109, 111(1), Schedule 1 on 1 March 2002: Government Gazette 28 February 2002 page 318; rest of Act on 1 July 2002: section 2(2).
2. Table of Amendments
This Version incorporates amendments made to the Health Records Act 2001 by Acts and subordinate instruments.
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Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date:
12.6.01
Commencement Date:
S. 6(Sch. 4 item 4) on 28.6.01: Government Gazette 28.6.01 p. 1428
Current State:
This information relates only to the provision/s amending the Health Records Act 2001
Health Practitioner Acts (Further Amendments) Act 2002, No. 14/2002
Assent Date:
7.5.02
Commencement Date:
Ss 48, 49 on 8.5.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the Health Records Act 2001
Australian Crime Commission (State Provisions) Act 2003, No. 52/2003
Assent Date:
16.6.03
Commencement Date:
S. 52(Sch. 1 item 5) on 17.6.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Health Records Act 2001
Health Legislation (Further Amendment) Act 2003, No. 98/2003
Assent Date:
2.12.03
Commencement Date:
S. 12 on 3.12.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Health Records Act 2001
Parliamentary Committees Act 2003, No. 110/2003
Assent Date:
9.12.03
Commencement Date:
S. 57 on 10.12.03: s. 2
Current State:
This information relates only to the provision/s amending the Health Records Act 2001
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 95) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Health Records Act 2001
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 48) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Health Records Act 2001

Health Professions Registration Act 2005, No. 97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 26) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Health Records Act 2001
Disability Act 2006, No. 23/2006
Assent Date:
16.5.06
Commencement Date:
S. 241 on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Health Records Act 2001
Statute Law Revision Act 2007, No. 28/2007
Assent Date:
26.6.07
Commencement Date:
S. 3(Sch. item 30) on 27.6.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Health Records Act 2001
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3. Explanatory Details

1S. 25(1): Section 5 defines what is meant by this expression.
2S. 26: See also Division 3 of Part 5 and HPP 6.3.
3S. 27: HPP 1.7 relates to the collection of information given in confidence.
4S. 45(1): Section 18 defines what is meant by this expression.
5S. 64(1): Section 18 defines what is meant by this expression.
6S. 96: See also HPP 6.1(c).
7Sch. 1 HPP 1.5: See HPP 1.7 and also section 27.
8Sch. 1 HPP 1.7: See also section 27.
9Sch. 1 HPP 2: See also HPP 9 for requirements relating to the transfer of health information to a person who is outside Victoria.
10Sch. 1 HPP 2.2: A use or disclosure may be permitted under more than one paragraph of HPP 2.2.
11 Sch. 1. HPP 2.2(i): For the purposes of this paragraph, the term "breach of confidence" relates to the general law of confidence (including but not limited to the common law or in equity), which requires, amongst other things, that a duty of confidence exists under that law which is not, in the particular circumstances, outweighed by any countervailing public interest under that law.
12 Sch. 1. HPP 2.2(j): For the purposes of this paragraph, the term "breach of confidence" relates to the general law of confidence (including but not limited to the common law or in equity), which requires, amongst other things, that a duty of confidence exists under that law which is not, in the particular circumstances, outweighed by any countervailing public interest under that law.
13Sch. 1 HPP 6: See section 34(3) for access to health information, only part of which is claimed to fall within HPP 6.1 or 6.2.
14Sch. 1 HPP 6.1(c): See also section 96.
15Sch. 1 HPP 6.5: See HPP 4.2 and HPP 4.3 for deletion or destruction of health information.
16Sch. 1 HPP 6.10: See section 35 regarding refusal of access.

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Health Records Act 2001
No. 2 of 2001