Victorian Consolidated Legislation

Health Records Act 2001 - SECT 64

Investigation and ruling

64. Investigation and ruling



(1) The Health Services Commissioner may investigate-

   (a)  a complaint in respect of which he or she has made a decision under
        section 56(1)(b); and

   (b)  a complaint referred to in section 63(1) which he or she has decided
        to investigate and the complainant has agreed to the investigation-

and make a ruling as to whether the act or practice of the respondent that is
the subject of the complaint is an interference with the privacy of the
complainant5.

(2) Within 14 days after ruling as to whether there has been an interference
with the privacy of the complainant, the Health Services Commissioner must
serve written notice of the ruling on the complainant and the respondent.

(3) A ruling must include-

   (a)  the reasons for the ruling; and

   (b)  the action, if any, that the Health Services Commissioner specifies to
        remedy the complaint; and

   (c)  a specified period, not exceeding one month, within which the action
        must be taken.

(4) If the Health Services Commissioner is satisfied, on the application of an
organisation on which a ruling is served, that it is not reasonably possible
to take the action specified in the ruling within the period specified in the
ruling, the Health Services Commissioner may extend the period specified in
the ruling on the giving to him or her by the organisation of an undertaking
to take the specified action within the extended period.

(5) The Health Services Commissioner may only extend a period under subsection
(4) if an application for the extension is made before the period specified in
the ruling expires.

(6) If the Health Services Commissioner thinks it appropriate, he or she may
give a copy of a ruling to the registration board by which the respondent is
registered and must give written notice of having done so to the respondent.

(7) A respondent who receives notice of a ruling under subsection (2) which
requires the respondent to take specified action must report in writing to the
Health Services Commissioner, within 7 days after the expiry of the period, or
extended period, within which the action must be taken, on the action taken by
the respondent with respect to the ruling.

Penalty: 10 penalty units.

(8) The Health Services Commissioner must give written notice to the
complainant of the contents of a report referred to in subsection (7) within 7
days after receipt of the report or, if the report has not been provided, must
give written notice to the complainant of that fact within 7 days after the
expiry of the period, or extended period, referred to in subsection (7).