Victorian Consolidated Legislation

Health Records Act 2001 - SECT 34

Response to request

34. Response to request



(1) This section applies to a request made under section 33, other than an
oral request which the organisation has asked the individual to make in
writing.

(2) Within 45 days after receiving a request, the organisation must-

   (a)  give to the individual a written reason for refusal of access to the
        health information, being a reason for refusal provided by this Part
        or HPP 6; or

   (b)  if the organisation is charging a fee in accordance with section 32
        for giving access-

   (i)  give to the individual a written notice stating that the organisation
        will give access to the health information on payment of the fee
        specified in the notice; and

   (ii) give access to the health information in accordance with section 29 or
        HPP 6.2 within 7 days after payment of the fee or 45 days after
        receiving the request, whichever is the later; or

   (c)  in every other case, give access to the health information in
        accordance with section 29 or HPP 6.2 as soon as practicable but not
        later than 45 days after receiving the request.

(3) If the organisation gives a notice under subsection (2)(a) that relates
only to a part of the health information held by the organisation, the
organisation must comply with subsection (2) in respect of the remainder of
the health information.