Victorian Consolidated Legislation

Health Records Act 2001 - SECT 78

What may the Tribunal decide?

78. What may the Tribunal decide?



(1) After hearing the evidence and representations that the parties to a
complaint desire to adduce or make, the Tribunal may-

   (a)  find the complaint or any part of it proven and make any one or more
        of the following orders-

   (i)  an order that the respondent provide the complainant with access to
        health information that relates to the complainant;

   (ii) an order restraining the respondent, or the organisation of which the
        respondent is the committee of management, from repeating or
        continuing any act or practice the subject of the complaint which the
        Tribunal has found to constitute an interference with the privacy of
        an individual;

   (iii) an order that the respondent perform or carry out any reasonable act
        or course of conduct to redress any loss or damage suffered by the
        complainant, including injury to the complainant's feelings or
        humiliation suffered by the complainant, by reason of the act or
        practice the subject of the complaint;

   (iv) an order that the complainant is entitled to a specified amount, not
        exceeding $100 000, by way of compensation for any loss or damage
        suffered by the complainant, including injury to the complainant's
        feelings or humiliation suffered by the complainant, by reason of the
        act or practice the subject of the complaint; or

   (b)  find the complaint or any part of it proven but decline to take any
        further action in the matter; or

   (c)  find the complaint or any part of it not proven and make an order that
        the complaint or part be dismissed; or

   (d)  in any case, make an order that the complainant is entitled to a
        specified amount to reimburse the complainant for expenses reasonably
        incurred by the complainant in connection with the making of the
        complaint and the proceedings held in respect of it under this Act.

(2) In an order under subparagraph (ii) or (iii) of subsection (1)(a) arising
out of a breach of HPP 6.5, 6.6 or 6.7, the Tribunal may include an order
that-

   (a)  an organisation or respondent make an appropriate correction to the
        health information; or

   (b)  an organisation or respondent attach to the health information a
        statement provided by the complainant of a correction sought by the
        complainant; or

   (c)  an organisation or respondent place the incorrect information on a
        record which is not generally available to anyone involved in
        providing health services to the complainant and to which access is
        restricted.

(3) If an order of the Tribunal relates to a public register, the Health
Services Commissioner must, as soon as practicable after its making, report
the order to the Minister responsible for the public sector agency or Council
that administers that public register.

(4) The Health Services Commissioner may include in a report under subsection
(3) recommendations in relation to any matter that concerns the need for, or
the desirability of, legislative or administrative action in the interests of
privacy of individuals.

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