Victorian Consolidated Legislation

Health Records Act 2001 - SECT 10

Application to public sector

10. Application to public sector



(1) This Act applies to-

   (a)  a Minister;

   (b)  a Parliamentary Secretary, including the Parliamentary Secretary of
        the Cabinet;

   (c)  a member of the Parliament of Victoria;

   (d)  a public sector agency;

   (e)  a Council;

   (f)  a body established or appointed for a public purpose by or under an
        Act;

   (g)  a body established or appointed for a public purpose by the Governor
        in Council, or by a Minister, otherwise than under an Act;

   (h)  a person holding an office or position established by or under an Act
        or to which he or she was appointed by the Governor in Council, or by
        a Minister, otherwise than under an Act;

        (i)    a court or tribunal;

   (j)  the police force of Victoria;

   (k)  a denominational hospital within the meaning of the
        Health Services Act 1988;

   (l)  a privately operated hospital within the meaning of the
        Health Services Act 1988;





   (m)  any other body that is declared, or to the extent that it is declared,
        by an Order under subsection (2) to be an organisation for the
        purposes of this subsection-

that is a health service provider or collects, holds or uses health
information.

(2) The Governor in Council may, by Order published in the Government Gazette,
declare a body to be, either wholly or to the extent specified in the Order,
an organisation for the purposes of subsection (1).

(3) A person or body to which this Act applies by force of subsection (1) is
an organisation for the purposes of this Act, either wholly or to the relevant
extent.

(4) This section is subject to Division 3.

(5) Despite subsections (1) and (2), nothing in this Act applies to an agency
within the meaning of the Privacy Act 1988 of the Commonwealth.

Division 2-Private sector organisations