Victorian Consolidated Legislation

Health Records Act 2001 - SECT 66

Compliance notice

66. Compliance notice



(1) The Health Services Commissioner may serve a compliance notice on the
organisation, if it appears to him or her that-

   (a)  the organisation has done an act or engaged in a practice in
        contravention of this Act; and

   (b)  the act or practice-

   (i)  constitutes a serious or flagrant contravention; or

   (ii) is of a kind that has been done or engaged in by the organisation on
        at least 5 separate occasions within the previous 2 years.

(2) A compliance notice requires the organisation to take specified action
within a specified period for the purpose of ensuring compliance with this Act
and to report the taking of that action to the Health Services Commissioner in
a specified manner within a specified period after taking that action.

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

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



(5) The Health Services Commissioner may act under subsection (1)-

   (a)  on his or her own initiative at any stage and irrespective of whether
        a complaint has been made or a complainant has objected to an
        investigation; or

   (b)  on an application by an individual who was a complainant under this
        Part and the complaint was the subject of a conciliation agreement or
        was determined by the Tribunal.

(6) In deciding whether or not to serve a compliance notice, the Health
Services Commissioner may have regard to the extent to which the organisation
has complied with a decision of the Tribunal under Division 6.