Victorian Consolidated Legislation

Health Records Act 2001 - SECT 39

Organisation may object to nomination

39. Organisation may object to nomination



(1) Subject to subsection (2), if-

   (a)  an organisation receives a notice under section 38(1) nominating a
        health service provider; and

   (b)  the organisation believes on reasonable grounds that the nominated
        health service provider is not suitable to act as the nominated health
        service provider-

the organisation may, within 14 days after receiving the notice, give a
written notice to the individual-

   (c)  stating that the organisation objects to the nominated health service
        provider and specifying the ground of the objection; and

   (d)  if the organisation considers it appropriate to do so, suggesting the
        class of health service providers from which a health service provider
        should be nominated.

(2) Subsection (1) does not apply in any of the following cases-

   (a)  if the health service provider who recorded the health information and
        the nominated health service provider are registered with the same
        registration board;

   (b)  if the nominated health service provider is a registered medical
        practitioner and has the ability to understand and interpret the
        health information;

   (c)  if the nominated health service provider provides the same kind of
        service as the health service provider who recorded the health
        information and the nominated health service provider has the ability
        to understand and interpret the health information.