Victorian Consolidated Legislation

Health Records Act 2001 - SECT 42

Functions of nominated health service provider

42. Functions of nominated health service provider



(1) Subject to subsection (2), the functions of a nominated health service
provider are-

   (a)  to notify the individual that the provider will discuss with the
        organisation the basis for the refusal of access by the organisation;
        and

   (b)  to contact the organisation that refused access in order to discuss
        the nature of its concerns; and

   (c)  to form an opinion on the validity or otherwise of the refusal to
        provide the individual with access on the ground that providing access
        would pose a serious threat to the life or health of the individual;
        and

   (d)  if the nominated health service provider thinks it appropriate to do
        so, to explain the grounds of the claim to the individual; and

   (e)  if the nominated health service provider thinks it appropriate to do
        so, to discuss the content of the health information with the
        individual; and

   (f)  if the provider is satisfied that to do so would not constitute a
        serious threat to the life or health of the individual, to allow the
        individual to inspect the health information or, if the individual so
        wishes and the organisation agrees, to have a copy of it; and

   (g)  if the provider is not so satisfied, to decline to allow the
        individual to have access to the health information.

(2) A nominated health service provider must not disclose to the individual
any health information to which access has been refused under this Part or HPP
6 on any ground other than the ground referred to in section 36.

(3) The nominated health service provider may charge the individual a fee (not
exceeding the prescribed maximum fee) for performing the functions set out in
subsection (1).

(4) For the avoidance of doubt it is declared that the act of forming an
opinion in the exercise by a nominated health service provider of a function
under subsection (1)(c) is not an interference with the privacy of the
individual to whom the information relates.

Division 4-Miscellaneous