Victorian Consolidated Legislation

Health Records Act 2001 - SECT 45

Complaints

45. Complaints



(1) An individual may complain to the Health Services Commissioner about an
act or practice that may be an interference with the privacy of the
individual4.

(2) In the case of an act or practice that may be an interference with the
privacy of a deceased individual, it is immaterial whether the act or practice
occurred, or is alleged to have occurred, during the lifetime or after the
death of the individual.

(3) In the case of an act or practice that may be an interference with the
privacy of 2 or more individuals, any one of those individuals may make a
complaint under subsection (1) on behalf of all of the individuals with their
consent.

(4) A complaint must be in writing and be lodged with the Health Services
Commissioner by hand, facsimile or other electronic transmission or post.

(5) A complainant may request that his or her complaint be expedited and give
grounds for the request.

(6) It is the duty of the Health Services Commissioner to provide appropriate
assistance to an individual who wishes to make a complaint and requires
assistance to formulate the complaint.

(7) The complaint must specify the respondent to the complaint.

(8) If the organisation represents the Crown, the State shall be the
respondent.

(9) If the organisation does not represent the Crown and-

   (a)  is a legal person, the organisation shall be the respondent; or

   (b)  is an unincorporated body, the members of the committee of management
        of the organisation shall be the respondents.

(10) A failure to comply with subsection (7) does not render the complaint, or
any step taken in relation to it, a nullity.