Victorian Consolidated Legislation

Health Records Act 2001 - SECT 35

Refusal of access

35. Refusal of access

An organisation is taken to have refused access to the health information if-

   (a)  the organisation fails to comply with a requirement of section 29 or
        34; or

   (b)  in the case of a notice given by the organisation under section
        29(1)(a) or 29(1)(d)(i)-

   (i)  the notice does not specify a date, time or place that, in all the
        circumstances, is reasonable; or

   (ii) the organisation unreasonably fails to allow inspection of the health
        information, or to give a reasonable explanation, in accordance with
        the notice; or

   (c)  in the case of a notice given by the organisation under section
        29(1)(d)(ii), the health service provider specified in the notice
        unreasonably fails-

   (i)  to make an arrangement with the individual to explain the health
        information; or

   (ii) to comply with an arrangement so made.

Division 3-Refusal of access on ground of threat to life or health of the
individual requesting access