Victorian Consolidated Legislation

Health Records Act 2001 - SECT 38

Individual may nominate health service provider to assess ground for refusal etc.

38. Individual may nominate health service provider to assess ground for
refusal etc.



(1) If-

   (a)  the organisation does not make an offer referred to in section 37; or

   (b)  the individual does not accept an offer made under that section; or

   (c)  the individual is not satisfied with the outcome of the discussion-

the individual may, within the period specified in subsection (2), give a
written notice to the organisation nominating a health service provider for
the purposes of this Division.

(2) The period for giving a written notice under subsection (1) is-

   (a)  the period of 21 days after receiving the notice of refusal, if the
        organisation does not make an offer referred to in section 37 or the
        individual does not accept such an offer; or

   (b)  the period of 21 days after a discussion with the organisation or a
        health service provider held under such an offer.

(3) An individual may only nominate a health service provider who has
consented to being nominated for the purposes of this Division.