Victorian Consolidated Legislation

Health Records Act 2001 - SECT 60

Power to obtain information and documents

60. Power to obtain information and documents



(1) If the Health Services Commissioner has reason to believe that a person
has information or a document relevant to a conciliation under this Division,
the Health Services Commissioner may give to the person a written notice
requiring the person-

   (a)  to give the information to the Health Services Commissioner in writing
        signed by the person or, in the case of a body corporate, by an
        officer of the body corporate; or

   (b)  to produce the document to the Health Services Commissioner.

(2) If the Health Services Commissioner has reason to believe that a person
has information relevant to a conciliation under this Division, the Health
Services Commissioner may give to the person a written notice requiring the
person to attend before the Health Services Commissioner at a time and place
specified in the notice to answer questions relevant to the complaint.

(3) The Health Services Commissioner is not entitled to require an agency
within the meaning of the Freedom of Information Act 1982 or a Minister to
give any information if the Secretary to the Department of Premier and Cabinet
furnishes to the Health Services Commissioner a certificate certifying that
the giving of that information (including in answer to a question) would
involve the disclosure of information which, if included in a document of the
agency or an official document of the Minister, would cause the document to be
an exempt document of a kind referred to in section 28(1) of the
Freedom of Information Act 1982.

(4) The Health Services Commissioner may not conduct an investigation in
respect of a certificate under subsection (3) or question whether the
information is of a kind referred to in section 28(1) of the
Freedom of Information Act 1982 or a decision to sign such a certificate.