Victorian Consolidated Legislation

Health Records Act 2001 - SECT 41

Organisation must give health information to nominee

41. Organisation must give health information to nominee

If-

   (a)  an organisation has made an offer referred to in section 37(1)(b) and
        it is advised by the individual of the acceptance of that offer; or

   (b)  an organisation receives from the individual a notice under section
        38(1) nominating a health service provider-

the organisation must give the health information, or a copy of it, to the
nominated health service provider within 14 days after receiving the advice or
notice unless within that period-

   (c)  in a case referred to in paragraph (a), the individual withdraws
        consent to discuss the health information; or

   (d)  in a case referred to in paragraph (b), the organisation gives a
        notice under section 39(1) in respect of the notice given to it under
        section 38(1); or

   (e)  in any case, the nomination of the health service provider lapses.