Victorian Consolidated Legislation

Health Records Act 2001 - SECT 95

Deceased individuals

95. Deceased individuals



(1) This Act applies in relation to a deceased individual who has been dead
for 30 years or less, so far as it is reasonably capable of doing so, in the
same way as it applies in relation to an individual who is not deceased.





(2) Subject to subsection (3), if an individual has died, a right or power
conferred on individuals by a provision of this Act is exercisable in relation
to the deceased individual, so far as the circumstances reasonably permit, by
a legal representative of the deceased individual.

(3) A purported consent by a legal representative of a deceased individual is
void if, when giving it, the legal representative knows or believes that the
consent does not accord with the wishes expressed, and not changed or
withdrawn, by the individual in his or her lifetime.