Victorian Consolidated Legislation

Health Records Act 2001 - SECT 28

How right of access may be exercised

28. How right of access may be exercised



(1) A right of access may be exercised in any one or more of the following
ways-

   (a)  by inspecting the health information or, if the health information is
        stored in electronic form, a print-out of the health information, and
        having the opportunity to take notes of its contents;

   (b)  by receiving a copy of the health information;

   (c)  by viewing the health information and, if it is held by a health
        service provider, having its content explained.

(2) If the organisation holding the health information is not a health service
provider, the organisation may agree to provide an explanation of its content
to an individual exercising a right to view the information.

(3) An explanation under subsection (1)(c) or (2) is to be provided-

   (a)  by the organisation holding the information if the organisation is a
        suitably qualified health service provider and is willing to do so; or

   (b)  if paragraph (a) does not apply, by a suitably qualified health
        service provider who practises in Victoria and-

   (i)  is nominated by the organisation and has consented to being so
        nominated and is approved by the individual to whom the health
        information relates; or

   (ii) if the individual does not approve the health service provider
        nominated under subparagraph (i), is nominated by the individual and
        has consented to being so nominated.

(4) Despite anything to the contrary in this section, a right of access to
health information referred to in section 25(3) may only be exercised-

   (a)  in a way provided by this section, with the agreement of the
        organisation holding the health information; or

   (b)  in the absence of such an agreement, by receiving an accurate summary
        of the health information.