Victorian Consolidated Legislation

Health Records Act 2001 - SECT 87

Functions of Health Services Commissioner

87. Functions of Health Services Commissioner



The functions of the Health Services Commissioner under this Act are-

   (a)  to promote an understanding and acceptance of the Health Privacy
        Principles and of the objects of those Principles;

   (b)  in accordance with Part 4, to issue, approve or vary guidelines for
        the purposes of the Health Privacy Principles;

   (c)  to publish model terms capable of being adopted by an organisation in
        a contract or arrangement with a recipient of health information being
        transferred by the organisation outside Victoria;

   (d)  subject to this Act, to receive complaints about an act or practice of
        an organisation-

   (i)  that may contravene a Health Privacy Principle; or

   (ii) that may interfere with the privacy of an individual or may otherwise
        have an adverse effect on the privacy of an individual-

and, if the Health Services Commissioner considers it appropriate to do so, to
endeavour, by conciliation, to effect a settlement of the matters that gave
rise to the complaint;

   (e)  to investigate, conciliate and make rulings on complaints under this
        Act;

   (f)  to serve compliance notices on organisations;

   (g)  subject to approval from the Minister, to initiate inquiries into-

   (i)  matters referred by the Health Services Review Council; and

   (ii) broader issues of health care arising out of complaints received under
        this Act;

   (h)  to conduct or commission audits of records of health information held
        by an organisation for the purpose of ascertaining whether the records
        are handled according to the Health Privacy Principles;

        (i)    to monitor and report on the adequacy of equipment and user
               safeguards;

   (j)  to undertake research into, and to monitor developments in, data
        processing and computer technology (including data matching and data
        linkage) to ensure that any adverse effects of such developments on
        personal privacy are minimised, and to report to the Minister the
        results of the research and monitoring;

   (k)  for the purpose of promoting the protection of personal privacy, to
        undertake educational programs on the Health Services Commissioner's
        own behalf or in co-operation with other persons or bodies whose
        functions concern the protection of personal privacy;

   (l)  from time to time, in the public interest, to publish reports and
        recommendations relating generally to the Health Services
        Commissioner's functions under this Act or to any matter investigated
        by the Health Services Commissioner under this Act, whether or not the
        matters to be dealt with in any such report have been the subject of a
        report to the Minister;

   (m)  to consult and co-operate with other persons and bodies concerned with
        personal privacy;

   (n)  to provide advice to the Health Services Review Council;

   (o)  to provide advice (with or without a request) to any individual or
        organisation on any matter relevant to the operation of this Act;

   (p)  to examine and assess (with or without a request) the impact on
        personal privacy of any act or practice, or proposed act or practice,
        of an organisation;

   (q)  to make suggestions to any individual or organisation in relation to
        any matter that concerns the need for, or the desirability of, action
        by that individual or organisation to protect the privacy of health
        information;

   (r)  to gather information that, in the opinion of the Health Services
        Commissioner, will assist the Health Services Commissioner in carrying
        out his or her functions under this Act;

   (s)  to perform any other function conferred on the Health Services
        Commissioner by this Act.