Victorian Consolidated Legislation

Health Records Act 2001 - SECT 25

Right of access

25. Right of access



(1) Subject to subsections (2) and (3), an individual has a right of access,
in accordance with this Part and HPP 6, to health information relating to the
individual held1 by a health service provider or any other organisation.

(2) Subsection (1) applies to all health information collected on or after the
commencement of this section.

(3) Subsection (1) also applies to the following health information collected
before the commencement of this section-

   (a)  a history of the health, an illness or a disability of the individual;
        or

   (b)  any findings on an examination of the individual in relation to the
        health, an illness or a disability of the individual; or

   (c)  the results of an investigation into the health, an illness or a
        disability of the individual; or

   (d)  a diagnosis, or preliminary diagnosis, of an illness or disability of
        the individual; or

   (e)  a plan of management, or proposed plan of management, of the treatment
        or care of an illness or disability of the individual; or

   (f)  action taken or services provided (whether or not in accordance with a
        plan of management) by or under the direction or referral of a health
        service provider in relation to the individual; or

   (g)  personal information about the individual collected in connection with
        the donation, or intended donation, by the individual of his or her
        body parts, organs or body substances; or

   (h)  genetic information about an individual in a form which is or could be
        predictive of the health, at any time, of the individual or of any of
        his or her descendants.