HEALTH RECORDS ACT 2001 - NOTES
HEALTH RECORDS ACT 2001 - NOTES
No. 2 of 2001
Version incorporating amendments as at
7 February 2024
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Version No. 049
No. 2 of 2001
Version incorporating amendments as at
7 February
2024
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative 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).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication 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 |