Victorian Consolidated Legislation

Health Records Act 2001 - SECT 27

No access to health information where information given in confidence3

27. No access to health information where information given in confidence3



(1) Subject to subsection (3), an organisation must not give an individual
access under this Act to his or her health information if the health
information is subject to confidentiality within the meaning of this section.

(2) Health information relating to an individual is subject to confidentiality
to the extent that it is given in confidence to the person who recorded the
health information by a person other than-

   (a)  the individual; or





   (b)  a health service provider in the course of, or otherwise in relation
        to, the provision of health services to the individual-

with a request that the information not be communicated to the individual to
whom it relates.

(3) A person who gives health information in confidence may consent to the
information being communicated to the individual to whom it relates.