Victorian Current Acts

HEALTH RECORDS ACT 2001

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Interpretative provisions  
   5.      When does an organisation hold health information?  
   6.      Objects of Act  
   7.      Relationship of this Act to other laws  
   8.      Nature of rights created by this Act  
   9.      Act binds the Crown  

   PART 2--APPLICATION OF THIS ACT

           Division 1--Public sector organisations

   10.     Application to public sector  

           Division 2--Private sector organisations

   11.     Application to private sector  
   12.     Effect of outsourcing  

           Division 3--Exemptions

   13.     Personal, family or household affairs  
   14.     Courts, tribunals, etc.  
   14A.    Royal Commissions etc.  
   14B.    Information sharing under the Family Violence Protection Act 2008  
   14C.    Information sharing under the Child Wellbeing and Safety Act 2005  
   14D.    Information sharing for quality and safety purposes under the Health Services Act 1988  
   14E.    Information sharing under Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003  
   14F.    Health information collected or held by the Electronic Patient Health Information Sharing System  
   15.     Publicly available health information  
   16.     Freedom of Information Act 1982  
   17.     News media  

   PART 3--PRIVACY OF HEALTH INFORMATION

   18.     What is an interference with privacy?  
   19.     Health Privacy Principles  
   20.     Application of HPPs  
   21.     Organisation to comply with HPPs  

   PART 4--GUIDELINES

   22.     Health Complaints Commissioner may issue, approve or vary guidelines  
   23.     Revocation of issue or approval  
   24.     Disallowance by Governor in Council  

   PART 5--ACCESS TO HEALTH INFORMATION

           Division 1--Right of access

   25.     Right of access  
   26.     No access to health information where threat to life or health of individual or another person[2]  
   27.     No access to health information where information given in confidence[3]  
   28.     How right of access may be exercised  
   29.     Providing access  
   30.     Individual may authorise another person to be given access  
   31.     Organisation may require evidence of identity or authority  
   32.     Fees  

           Division 2--Request for access

   33.     Request for access  
   34.     Response to request  
   35.     Refusal of access  

           Division 3--Refusal of access on ground of threat to life or health of the individual requesting access

   36.     Application  
   37.     Offer to discuss health information  
   38.     Individual may nominate health service provider to assess ground for refusal etc.  
   39.     Organisation may object to nomination  
   40.     Lapsing of nomination  
   41.     Organisation must give health information to nominee  
   42.     Functions of nominated health service provider  

           Division 4--Miscellaneous

   43.     Alternative arrangements may be made  
   44.     Provision of health services and keeping of health information—terms and conditions  

   PART 6--COMPLAINTS

           Division 1--Making a complaint

   45.     Complaints  
   46.     Complaint referred to Health Complaints Commissioner  
   47.     Complaints by children and people with an impairment  

           Division 2--Procedure after a complaint is made

   48.     Health Complaints Commissioner must notify respondent  
   49.     Preliminary assessment of complaint  
   50.     Splitting complaints  
   51.     Circumstances in which Health Complaints Commissioner may decline to entertain complaint  
   52.     Referral to registration board  
   53.     Health Complaints Commissioner may dismiss stale complaint  
   54.     Minister may refer a complaint direct to Tribunal  
   55.     Complaint about registered health practitioner  
   56.     What happens if a complaint is accepted?  
   57.     What happens if conciliation or ruling is inappropriate?  
   58.     Duty to stop proceedings  

           Division 3--Conciliation of complaints

   59.     Conciliation process  
   60.     Power to obtain information and documents  
   61.     Conciliation agreements  
   62.     Conciliation statements, acts and documents inadmissible  
   63.     What happens if conciliation fails?  

           Division 4--Investigation, rulings and compliance notices

   64.     Investigation and ruling  
   65.     Referral to Tribunal  
   66.     Compliance notice  
   67.     Power to obtain information and documents  
   68.     Conduct of investigation etc.  
   69.     Power to examine witnesses  
   70.     Protection against self-incrimination  
   71.     Offence not to comply with compliance notice  
   72.     Application for review—compliance notice  

           Division 5--Interim orders

   73.     Tribunal may make interim orders before hearing  

           Division 6--Jurisdiction of the Tribunal

   74.     When may the Tribunal hear a complaint?  
   75.     Who are the parties to a proceeding?  
   76.     Time limits for certain complaints  
   77.     Inspection of exempt documents by Tribunal  
   78.     What may the Tribunal decide?  

   PART 7--OFFENCES

   79.     Definition  
   80.     Unlawfully requiring consent etc.  
   81.     Unlawful destruction etc. or removal of health information  
   82.     Unlawfully requesting or obtaining access to health information  
   83.     Persons not to be persuaded not to exercise rights under Act  
   84.     Failure to attend etc. before Health Complaints Commissioner  

   PART 8--GENERAL

   85.     Capacity to consent or make a request or exercise right of access  
   86.     Protection from liability  
   87.     Functions of Health Complaints Commissioner  
   88.     Powers  
   89.     Health Complaints Commissioner to have regard to certain matters  
   90.     Secrecy  
   91.     Delegation  
   92.     Employees and agents  
   93.     Offences by organisations or bodies  
   94.     Prosecutions  
   95.     Deceased individuals  
   96.     Legal professional privilege and client legal privilege not affected by this Act[6]  
   97.     Defect or invalidity—protection if person acts in good faith etc.  
   98.     Unqualified organisation may obtain and act on expert advice  
   99.     Supreme Court—limitation of jurisdiction  
   100.    Regulations  
           SCHEDULE 1
           ENDNOTES