Victorian Consolidated Legislation

Health Records Act 2001 - SECT 44

Provision of health services and keeping of health information-terms and conditions

44. Provision of health services and keeping of health information-terms and
conditions



(1) It is a term of a contract, whether oral or in writing, for the provision
of a health service to an individual that the health service provider will
allow the individual to have access, in accordance with this Act, to health
information relating to the individual that relates to, or is made in
consequence of the provision of, the service.

(2) Subsection (1) applies to a contract, whether or not the individual is a
party to the contract, made after the commencement of this section and-

   (a)  the contract is made in Victoria; or

   (b)  the contract has been, or is to be, performed wholly or partly in
        Victoria; or

   (c)  the individual is present or resides in Victoria when the contract is
        made.

(3) For the purposes of this section, it is immaterial whether-

   (a)  the health service was provided in Victoria; or

   (b)  the health information is kept or located in Victoria.



(4) If a contract or other agreement purports to exclude, or is inconsistent
with, a provision of this section, the contract or agreement is, to that
extent, void.

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