Health Records Act 2001 (Vic)

Version No. 049

Health Records Act 2001

No. 2 of 2001

Version incorporating amendments as at

7 February 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Interpretative provisions

5When does an organisation hold health information?

6Objects of Act

7Relationship of this Act to other laws

8Nature of rights created by this Act

9Act binds the Crown

Part 2—Application of this Act

Division 1—Public sector organisations

10Application to public sector

Division 2—Private sector organisations

11Application to private sector

12Effect of outsourcing

Division 3—Exemptions

13Personal, family or household affairs

14Courts, tribunals, etc.

14ARoyal Commissions etc.

14BInformation sharing under the Family Violence Protection Act 2008

14CInformation sharing under the Child Wellbeing and Safety Act 2005

14DInformation sharing for quality and safety purposes under the Health Services Act 1988

14EInformation sharing under Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003

14FHealth information collected or held by the Electronic Patient Health Information Sharing System

15Publicly available health information

16Freedom of Information Act 1982

17News media

Part 3—Privacy of health information

18What is an interference with privacy?

19Health Privacy Principles

20Application of HPPs

21Organisation to comply with HPPs

Part 4—Guidelines

22Health Complaints Commissioner may issue, approve or vary guidelines

23Revocation of issue or approval

24Disallowance by Governor in Council

Part 5—Access to health information

Division 1—Right of access

25Right of access

26No access to health information where threat to life or health of individual or another person

27No access to health information where information given in confidence

28How right of access may be exercised

29Providing access

30Individual may authorise another person to be given access

31Organisation may require evidence of identity or authority

32Fees

Division 2—Request for access

33Request for access

34Response to request

35Refusal of access

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

36Application

37Offer to discuss health information

38Individual may nominate health service provider to assess ground for refusal etc.

39Organisation may object to nomination

40Lapsing of nomination

41Organisation must give health information to nominee

42Functions of nominated health service provider

Division 4—Miscellaneous

43Alternative arrangements may be made

44Provision of health services and keeping of health information—terms and conditions

Part 6—Complaints

Division 1—Making a complaint

45Complaints

46Complaint referred to Health Complaints Commissioner

47Complaints by children and people with an impairment

Division 2—Procedure after a complaint is made

48Health Complaints Commissioner must notify respondent

49Preliminary assessment of complaint

50Splitting complaints

51Circumstances in which Health Complaints Commissioner may decline to entertain complaint

52Referral to registration board

53Health Complaints Commissioner may dismiss stale complaint

54Minister may refer a complaint direct to Tribunal

55Complaint about registered health practitioner

56What happens if a complaint is accepted?

57What happens if conciliation or ruling is inappropriate?

58Duty to stop proceedings

Division 3—Conciliation of complaints

59Conciliation process

60Power to obtain information and documents

61Conciliation agreements

62Conciliation statements, acts and documents inadmissible

63What happens if conciliation fails?

Division 4—Investigation, rulings and compliance notices

64Investigation and ruling

65Referral to Tribunal

66Compliance notice

67Power to obtain information and documents

68Conduct of investigation etc.

69Power to examine witnesses

70Protection against self-incrimination

71Offence not to comply with compliance notice

72Application for review—compliance notice

Division 5—Interim orders

73Tribunal may make interim orders before hearing

Division 6—Jurisdiction of the Tribunal

74When may the Tribunal hear a complaint?

75Who are the parties to a proceeding?

76Time limits for certain complaints

77Inspection of exempt documents by Tribunal

78What may the Tribunal decide?

Part 7—Offences

79Definition

80Unlawfully requiring consent etc.

81Unlawful destruction etc. or removal of health information

82Unlawfully requesting or obtaining access to health information

83Persons not to be persuaded not to exercise rights under Act

84Failure to attend etc. before Health Complaints Commissioner

Part 8—General

85Capacity to consent or make a request or exercise right of access

86Protection from liability

87Functions of Health Complaints Commissioner

88Powers

89Health Complaints Commissioner to have regard to certain matters

90Secrecy

91Delegation

92Employees and agents

93Offences by organisations or bodies

94Prosecutions

95Deceased individuals

96Legal professional privilege and client legal privilege not affected by this Act

97Defect or invalidity—protection if person acts in good faith etc.

98Unqualified organisation may obtain and act on expert advice

99Supreme Court—limitation of jurisdiction

100Regulations

Schedule 1––The Health Privacy Principles

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 049

Health Records Act 2001

No. 2 of 2001

Version incorporating amendments as at

7 February 2024

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to promote fair and responsible handling of health information by—

(a)protecting the privacy of an individual's health information that is held in the public and private sectors; and

(b)providing individuals with a right of access to their health information; and

(c)providing an accessible framework for the resolution of complaints regarding the handling of health information.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision referred to in subsection (1) does not come into operation before 1 July 2002, it comes into operation on that day.

3Definitions

(1)In this Act—

child means a person under the age of 18 years;

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consent means express consent or implied consent;

correct, in relation to health information, means to alter that information by way of amendment, deletion or addition;

Council has the same meaning as in the Local Government Act 2020;

disability has the same meaning as in the Disability Services Act 1991;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

enactment means an Act or a Commonwealth Act or an instrument of a legislative character made under an Act or a Commonwealth Act;

Federal Privacy Commissioner means Privacy Commissioner appointed under the Privacy Act 1988 of the Commonwealth;

generally available publication means a publication (whether in paper or electronic form) that is generally available to members of the public and includes information held on a public register;

Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;

Health Complaints Commissioner Advisory Council means the Council within the meaning of the Health Complaints Act 2016;

health information means—

(a)information or an opinion about—

(i)the physical, mental or psychological health (at any time) of an individual; or

(ii)a disability (at any time) of an individual; or

(iii)an individual's expressed wishes about the future provision of health services to him or her; or

(iv)a health service provided, or to be provided, to an individual—

that is also personal information; or

(b)other personal information collected to provide, or in providing, a health service; or

(c)other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or

(d)other personal information that is genetic information about an individual in a form which is or could be predictive of the health (at any time) of the individual or of any of his or her descendants—

but does not include health information, or a class of health information or health information contained in a class of documents, that is prescribed as exempt health information for the purposes of this Act generally or for the purposes of specified provisions of this Act;

health information statement has the same meaning as it has in the Mental Health and Wellbeing Act 2022;

Health Privacy Principle means any of the Health Privacy Principles set out in Schedule 1;

HPP means Health Privacy Principle;

health service means—

(a)an activity performed in relation to an individual that is intended or claimed (expressly or otherwise) by the individual or the organisation performing it—

(i)to assess, maintain or improve the individual's health; or

(ii)to diagnose the individual's illness, injury or disability; or

(iii)to treat the individual's illness, injury or disability or suspected illness, injury or disability; or

(b)a disability service, palliative care service or aged care service; or

(c)the dispensing on prescription of a drug or medicinal preparation by a pharmacist registered under the Health Practitioner Regulation National Law; or

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(cb)the sale or supply of a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act 2017 in accordance with that Act by a pharmacist registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); or

(cc)the supply or administration of a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act 2017 in accordance with that Act by a registered medical practitioner; or

(d)a service, or a class of service, provided in conjunction with an activity or service referred to in paragraph (a), (b), (c), (cb) or (cc) that is prescribed as a health service—

but does not include a health service, or a class of health service, that is prescribed as an exempt health service for the purposes of this Act generally or for the purposes of specified provisions of this Act or to the extent that it is prescribed as an exempt health service;

health service provider means an organisation that provides a health service in Victoria to the extent that it provides such a service but does not include a health service provider, or a class of health service provider, that is prescribed as an exempt health service provider for the purposes of this Act generally or for the purposes of specified provisions of this Act or to the extent that it is prescribed as an exempt health service provider;

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*                *                *                *                *

identifier means an identifier (which is usually, but need not be, a number and does not include an identifier that consists only of the individual's name) that is—

(a)assigned to an individual in conjunction with or in relation to the individual's health information by an organisation for the purpose of uniquely identifying that individual, whether or not it is subsequently used otherwise than in conjunction with or in relation to health information; or

(b)adopted, used or disclosed in conjunction with or in relation to the individual's health information by an organisation for the purpose of uniquely identifying that individual;

illness means a physical, mental or psychological illness, and includes a suspected illness;

immediate family member of an individual means a person who is—

(a)a parent, child or sibling of the individual; or

(b)a spouse or domestic partner of the individual; or

(c)a member of the individual's household who is a relative of the individual; or

(d)a person nominated to a health service provider by the individual as a person to whom health information relating to the individual may be disclosed;

individual means a natural person;

Information Commissioner means the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982;

law enforcement agency means—

(a)Victoria Police or the police force or police service of any other State or of the Northern Territory; or

(b)the Australian Federal Police; or

(c)the Australian Crime Commission; or

(d)the Commissioner appointed under section 8A of the Corrections Act 1986; or

(e)a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or

(f)an agency responsible for the performance of functions or activities directed to the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

(g)an agency responsible for the performance of functions or activities under an Act directed to the prevention, detection, investigation or remedying of, or the imposing of sanctions in relation to, seriously improper conduct; or

(h)an agency responsible for the holding of a person in custody or for the execution, enforcement or implementation of an order or decision made by a court or tribunal, including an agency that—

(i)executes warrants; or

(ii)provides correctional services, including a contractor within the meaning of the Corrections Act 1986 or a sub-contractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred on it by or under that Act; or

(iii)makes decisions relating to the release of persons from custody; or

(i)an agency responsible for the protection of the public revenue under a law administered by it; or

(j)the Australian Security Intelligence Organization; or

(k)the Australian Secret Intelligence Service; or

(ka)the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018; or

(l)a prescribed body;

law enforcement function means one or more of the following—

(a)the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction;

(b)a function or activity under an Act directed to the prevention, detection, investigation or remedying of, or the imposing of sanctions in relation to, seriously improper conduct;

(c)the prevention, detection or investigation of conduct that could found an application for a family violence intervention order under the Family Violence Protection Act 2008;

(ca)the prevention, detection or investigation of conduct that could found an application for a personal safety intervention order under the Personal Safety Intervention Orders Act 2010;

(cb)the prevention, detection or investigation of conduct that could found an application for the variation or extension of a non-local DVO that is a recognised DVO, both within the meaning of the National Domestic Violence Order Scheme Act 2016;

(d)the preparation for, or conduct of, proceedings before any court or tribunal, or execution, enforcement or implementation of the orders or decisions made by a court or tribunal;

(e)the holding of a person in custody or the provision of correctional services, including by a contractor within the meaning of the Corrections Act 1986 or a sub-contractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred on it by or under that Act;

(f)in the case of the Australian Security Intelligence Organization or the Australian Secret Intelligence Service, the performance of a function directed to the protection of the national security;

legal representative, in relation to a deceased individual, means a person—

(a)holding office as executor of the will of the deceased individual where probate of the will has been granted or resealed in Victoria or any other State or Territory; or

(b)holding office in Victoria or any other State or Territory as administrator of the estate of the deceased individual;

mental health and wellbeing service provider has the same meaning as it has in the Mental Health and Wellbeing Act 2022;

NDIS Commissioner means Commissioner of the NDIS Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;

news activity means—

(a)the gathering of news for the purposes of dissemination to the public or any section of the public; or

(b)the preparation or compiling of articles or programs of or concerning news, observations on news or current affairs for the purposes of dissemination to the public or any section of the public; or

(c)the dissemination to the public or any section of the public of any article or program of or concerning news, observations on news or current affairs;

news medium means any organisation whose business, or whose principal business, consists of a news activity;

organisation means a person or body that is an organisation to which this Act applies by force of Division 1 or 2 of Part 2;

parent, in relation to a child, includes—

(a)a step-parent;

(b)an adoptive parent;

(c)a foster parent;

(d)a guardian;

(e)a person who has custody or daily care and control—

of the child;

personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information about an individual who has been dead for more than 30 years;

police officer has the same meaning as in the Victoria Police Act 2013;

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private sector organisation means a person or body that is referred to in Division 2 of Part 2;

public register means a document held by a public sector agency or a Council and open to inspection by members of the public (whether or not on payment of a fee) by force of a provision made by or under an Act other than the Freedom of Information Act 1982 or the Public Records Act 1973 containing information that—

(a)a person or body was required or permitted to give to that public sector agency or Council by force of a provision made by or under an Act; and

(b)would be health information if the document were not a generally available publication;

public sector agency means a public service body or public entity within the meaning of the Public Administration Act 2004;

public sector organisation means a person or body that is referred to in Division 1 of Part 2;

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law;

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registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registration board means a National Board established under the Health Practitioner Regulation National Law;

relative of an individual means a grandparent, grandchild, uncle, aunt, nephew or niece of the individual;

sibling of an individual includes a half-brother, half-sister, adoptive brother, adoptive sister, step-brother or step-sister of the individual;

spouse of a person means a person to whom the person is married;

State contract means a contract between—

(a)a public sector organisation; and

(b)another person or body that is not a public sector organisation—

under which services are to be provided to one (the outsourcing organisation) by the other (the outsourced service provider) in connection with the performance of functions of the outsourcing organisation, including services that the outsourcing organisation is to provide to other persons or bodies;

the Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.

Note

Document is defined by section 38 of the Interpretation of Legislation Act 1984.

(2)A reference in this Act to an outsourced service provider is a reference to a person or body in the capacity of outsourced service provider and includes a reference to a subcontractor of the outsourced service provider (or of another such subcontractor) for the purposes (whether direct or indirect) of the outsourcing contract.

(3)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

4Interpretative provisions

(1)Without limiting section 37(a) of the Interpretation of Legislation Act 1984, a reference in this Act to an organisation using a neuter pronoun includes a reference to an organisation that is a natural person, unless the contrary intention appears.

(2)If a provision of this Act refers to a HPP by a number, the reference is a reference to the HPP designated by that number.

5When does an organisation hold health information?

For the purposes of this Act, an organisation holds health information if the information is contained in a document that is in the possession or under the control of the organisation, whether alone or jointly with other persons or bodies, irrespective of where the document is situated, whether in or outside Victoria.

6Objects of Act

The objects of this Act are—

(a)to require responsible handling of health information in the public and private sectors;

(b)to balance the public interest in protecting the privacy of health information with the public interest in the legitimate use of that information;

(c)to enhance the ability of individuals to be informed about their health care or disability services;

(d)to promote the provision of quality health services, disability services and aged care services.

7Relationship of this Act to other laws

(1)If a provision made by or under this Act is inconsistent with a provision made by or under any other Act, that other provision prevails and the provision made by or under this Act is (to the extent of the inconsistency) of no force or effect.

(2)Without limiting subsection (1), nothing in this Act affects the operation of the Freedom of Information Act 1982 (except as otherwise provided by that Act) or any right, privilege, obligation or liability conferred or imposed under that Act or any exemption arising under that Act.

8Nature of rights created by this Act

(1)Nothing in this Act—

(a)gives rise to any civil cause of action; or

(b)without limiting paragraph (a), operates to create in any person any legal right enforceable in a court or tribunal—

otherwise than in accordance with the procedures set out in this Act.

(2)A contravention of this Act does not create any criminal liability except to the extent expressly provided by this Act.

9Act binds the Crown

(1)This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2)Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.

PART 2—APPLICATION OF THIS ACT

Division 1—Public sector organisations

10Application to public sector

(1)This Act applies to—

(a)a Minister;

(b)a Parliamentary Secretary, including the Parliamentary Secretary of the Cabinet;

(c)a member of the Parliament of Victoria;

(d)a public sector agency;

(e)a Council;

(f)a body established or appointed for a public purpose by or under an Act;

(g)a body established or appointed for a public purpose by the Governor in Council, or by a Minister, otherwise than under an Act;

(h)a person holding an office or position established by or under an Act or to which he or she was appointed by the Governor in Council, or by a Minister, otherwise than under an Act;

(i)a court or tribunal;

(j)Victoria Police;

(k)a denominational hospital within the meaning of the Health Services Act 1988;

(l)a privately operated hospital within the meaning of the Health Services Act 1988;

(m)any other body that is declared, or to the extent that it is declared, by an Order under subsection (2) to be an organisation for the purposes of this subsection—

that is a health service provider or collects, holds or uses health information.

(2)The Governor in Council may, by Order published in the Government Gazette, declare a body to be, either wholly or to the extent specified in the Order, an organisation for the purposes of subsection (1).

(3)A person or body to which this Act applies by force of subsection (1) is an organisation for the purposes of this Act, either wholly or to the relevant extent.

(4)This section is subject to Division 3.

(5)Despite subsections (1) and (2), nothing in this Act applies to an agency within the meaning of the Privacy Act 1988 of the Commonwealth.

Division 2—Private sector organisations

11Application to private sector

(1)This Act applies to—

(a)a natural person;

(b)a body corporate;

(c)a partnership;

(d)a trust;

(e)any other unincorporated association or body—

that is a health service provider or collects, holds or uses health information and is not, or to the extent that it is not, a person or body to which this Act applies by force of section 10(1).

(2)A person or body to which this Act applies by force of subsection (1) is an organisation for the purposes of this Act.

(3)This section is subject to Division 3.

(4)Despite subsection (1), nothing in this Act applies to an agency within the meaning of the Privacy Act 1988 of the Commonwealth.

12Effect of outsourcing

(1)An act or practice done or engaged in by an outsourced service provider under a State contract that is an interference with the privacy of an individual must, for the purposes of this Act, be taken to have been done or engaged in by the outsourcing organisation as well as the outsourced service provider if the provision of this Act or the HPP to which the act or practice is contrary, or with which it is inconsistent, is not capable of being enforced against the outsourced service provider in accordance with the procedures set out in this Act.

(2)Section 92(1) does not apply to an act done or practice engaged in by an outsourced service provider acting within the scope of a State contract.

Division 3—Exemptions

13Personal, family or household affairs

Nothing in this Act or in any HPP applies in respect of the collection, holding, management, use, disclosure or transfer of health information by an individual, or health information held by an individual, only for the purposes of, or in connection with, his or her personal, family or household affairs.

14Courts, tribunals, etc.

Nothing in this Act or in any HPP applies in respect of the collection, holding, management, use, disclosure or transfer of health information—

(a)in relation to its or his or her judicial or quasi-judicial functions, by—

(i)a court or tribunal; or

(ii)the holder of a judicial or quasi-judicial office or other office pertaining to a court or tribunal in his or her capacity as the holder of that office; or

(b)in relation to those matters which relate to the judicial or quasi-judicial functions of the court or tribunal, by—

(i)a registry or other office of a court or tribunal; or

(ii)the staff of such a registry or other office in their capacity as members of that staff.

14ARoyal Commissions etc.

(1)Nothing in this Act or in any HPP applies in respect of the collection, holding, management, use, disclosure or transfer of health information by a Royal Commission, a Board of Inquiry or a Formal Review for the purposes of, or in connection with, the performance of its functions.

(2)In this section—

Board of Inquiry has the same meaning as in the Inquiries Act 2014;

Formal Review has the same meaning as in the Inquiries Act 2014;

Royal Commission means—

(a)a Royal Commission established under the Inquiries Act 2014; or

(b)a Royal Commission established under the prerogative of the Crown.

14BInformation sharing under the Family Violence Protection Act 2008

(1)Nothing in HPP 1.3 or 1.5 applies to the collection of health information for the purposes of Part 5A of the Family Violence Protection Act 2008 by an organisation that is an information sharing entity about a person who is a person of concern, or who is alleged to pose a risk of committing family violence.

(2)Nothing in HPP 1.3 or 1.5 applies to the collection of health information about an individual by the Central Information Point for the purposes of Part 5A of the Family Violence Protection Act 2008.

(2A)Nothing in HPP 1.3, 1.4 or 1.5 applies to the collection of health information by an authorised Hub entity for the purposes of Part 5B of the Family Violence Protection Act 2008.

(3)Nothing in HPP 6 applies to the collection of health information about an individual by the Central Information Point for the purposes of Part 5A of the Family Violence Protection Act 2008.

(4)In this section—

authorised Hub entity has the meaning given in the Family Violence Protection Act 2008;

Central Information Point has the meaning given in section 144O of the Family Violence Protection Act 2008;

family violence has the meaning given in the Family Violence Protection Act 2008;

information sharing entity has the meaning given in the Family Violence Protection Act 2008;

person of concern has the meaning given in section 144B of the Family Violence Protection Act 2008.

14CInformation sharing under the Child Wellbeing and Safety Act 2005

(1)Nothing in HPP 1.3, or any applicable code of practice modifying the application of HPP 1.3 or prescribing how HPP 1.3 is to be applied or complied with, applies to the collection of health information by an information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005 or by a Child Link user or the Secretary to the Department of Education and Training for the purposes of Part 7A of that Act.

(2)Nothing in HPP 1.5, or any applicable code of practice modifying the application of HPP 1.5 or prescribing how HPP 1.5 is to be applied or complied with, applies to the collection of health information by an information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005, to the extent that the application of, or compliance with, HPP 1.5 would be contrary to the promotion of the wellbeing or safety of a child to whom the information relates.

(3)Nothing in HPP 1.5, or any applicable code of practice modifying the application of HPP 1.5 or prescribing how HPP 1.5 is to be applied or complied with, applies to the collection of health information by a Child Link user or the Secretary to the Department of Education and Training for the purposes of Part 7A of the Child Wellbeing and Safety Act 2005.

(4)Nothing in HPP 4.3, or any applicable code of practice modifying the application of HPP 4.3 or prescribing how HPP 4.3 is to be applied or complied with, applies to the deletion of health information by the Secretary to the Department of Education and Training for the purposes of Part 7A of the Child Wellbeing and Safety Act 2005.

(5)Nothing in an HPP, or any applicable code of practice modifying the application of an HPP or prescribing how an HPP is to be applied or complied with, applies to the collection, use or disclosure of health information by an information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005, or by a Child Link user or the Secretary to the Department of Education and Training for the purposes of Part 7A of that Act, to the extent that the HPP requires the consent of the person to whom the health information relates for the collection, use or disclosure of that information.

(6)In this section—

Child Link user has the same meaning as in the Child Wellbeing and Safety Act 2005;

information sharing entity has the same meaning as in the Child Wellbeing and Safety Act 2005;

restricted information sharing entity has the same meaning as in the Child Wellbeing and Safety Act 2005.

14DInformation sharing for quality and safety purposes under the Health Services Act 1988

(1)Nothing in HPP 1.3, or any applicable code of practice modifying the application of HPP 1.3 or prescribing how HPP 1.3 is to be applied or complied with, applies to the collection of health information for the purposes of Part 6B of the Health Services Act 1988 by any of the following—

(a)the Secretary;

(b)a quality and safety body;

(c)a health service entity;

(d)a special adviser.

(2)Nothing in HPP 1.5, or any applicable code of practice modifying the application of HPP 1.5 or prescribing how HPP 1.5 is to be applied or complied with, applies to the collection of health information for the purposes of Part 6B of the Health Services Act 1988 by any of the following—

(a)the Secretary;

(b)a quality and safety body;

(c)a health service entity;

(d)a special adviser.

(3)Nothing in an HPP, or any applicable code of practice modifying the application of an HPP or prescribing how an HPP is to be applied or complied with, applies to the collection, use or disclosure of health information for the purposes of Part 6B of the Health Services Act 1988 by—

(a)the Secretary; or

(b)a quality and safety body; or

(c)a health service entity; or

(d)a special adviser—

to the extent that the HPP requires the consent of the person to whom the health information relates for the collection, use or disclosure of that information.

(4)In this section—

health service entity has the same meaning as in section 134V of the Health Services Act 1988;

quality and safety body has the same meaning as in section 134V of the Health Services Act 1988;

special adviser has the same meaning as in section 134V of the Health Services Act 1988.

14EInformation sharing under Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003

(1)Nothing in HPP 1.3, 1.4 or 1.5, or any applicable code of practice modifying the application of HPP 1.3, 1.4 or 1.5 or prescribing how HPP 1.3, 1.4 or 1.5 is to be applied or complied with, applies to the collection of personal information by an authorised discloser in accordance with Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003.

(2)Nothing in HPP 2, or any applicable code of practice modifying the application of HPP 2 or prescribing how HPP 2 is to be applied or complied with, applies to the use or disclosure, for the purposes of Part 4A of the Terrorism (Community Protection) Act 2003, of personal information that an authorised discloser has had disclosed to them in accordance with Division 6 of that Part.

(3)Nothing in HPP 6, or any applicable code of practice modifying the application of HPP 6 or prescribing how HPP 6 is to be applied or complied with, applies to personal information that an authorised discloser has had disclosed to them in accordance with Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003.

(4)In this section—

authorised discloser has the same meaning as it has in Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003.

Note

See section 22EJ of that Act.

14FHealth information collected or held by the Electronic Patient Health Information Sharing System

(1)Nothing in HPP 1.3 or 1.5 applies to the collection of health information by the Secretary for the purposes of the Electronic Patient Health Information Sharing System established by Part 6C of the Health Services Act 1988.

(2)Nothing in Part 5 or HPP 6 applies to health information held by the Secretary in the Electronic Patient Health Information Sharing System established by Part 6C of the Health Services Act 1988.

15Publicly available health information

(1)Nothing in this Act or in any HPP applies to a document containing health information, or to the health information contained in a document, that is—

(a)a generally available publication unless the health information has been obtained by contravention of this Act and the organisation which seeks to rely on this exemption knows of the contravention; or

(b)kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or

(c)a public record under the control of the Keeper of Public Records that is available for public inspection in accordance with the Public Records Act 1973; or

(d)archives within the meaning of the Copyright Act 1968 of the Commonwealth.

(2)Nothing in this Act or in any HPP applies to health information that is generally available to members of the public unless the health information has been obtained by contravention of this Act and the organisation which seeks to rely on this exemption knows of the contravention.

16Freedom of Information Act 1982

Except as otherwise provided by the Freedom of Information Act 1982, nothing in Part 5, HPP 5.2 or HPP 6 applies—

(a)to a document containing health information, or to the health information contained in a document, that is—

(i)a document of an agency within the meaning of the Freedom of Information Act 1982; or

(ii)an official document of a Minister within the meaning of that Act—

and access can only be required to be granted to that document or information, and that information can only be corrected, in accordance with the procedures set out in, and in the form required or permitted by, that Act; or

(b)to a document containing health information, or to the health information contained in a document, to which access would not be granted under the Freedom of Information Act 1982 because of section 5(3), 6 or 6AA of that Act.

17News media

(1)Nothing in HPP 1, HPP 2 or HPP 9 applies to the collection, use, disclosure or transfer of health information by a news medium in connection with its news activities.

(2)Nothing in Part 5, HPP 5.2 or HPP 6 applies to health information held by a news medium in connection with its news activities unless and until the information is actually disseminated to the public or any section of the public.

PART 3—PRIVACY OF HEALTH INFORMATION

18What is an interference with privacy?

For the purposes of this Act, an act or practice of an organisation is an interference with the privacy of an individual if, and only if—

(a)the act or practice breaches Part 5 or a Health Privacy Principle in relation to health information that relates to the individual; or

(b)the act or practice breaches HPP 7 in relation to an identifier; or

(c)the act or practice is or results in a failure to provide access to health information that relates to the individual in accordance with Part 5 or HPP 6.

19Health Privacy Principles

(1)The Health Privacy Principles are set out in Schedule 1.

(2)Nothing in any Health Privacy Principle affects the operation or extent of any exemption arising under Division 3 of Part 2 and those Principles must be construed accordingly.

20Application of HPPs

(1)HPP 1 applies only in relation to health information collected after the commencement of this section.

(2)HPP 3, to the extent that it applies to the collection of health information, applies only in relation to health information collected after the commencement of this section.

(3)HPP 6 applies to health information as specified in section 25.

(4)The remaining Health Privacy Principles (including HPP 3 to the extent that it applies to the use, holding or disclosure of health information) apply in relation to all health information, whether collected by the organisation before or after the commencement of this section.

(5)HPP 8 applies only in relation to transactions entered into after the commencement of this section.

(6)To avoid doubt it is declared that, despite the commencement of section 19 and Schedule 1 on 1 March 2002, an act or practice that occurs at any time before the commencement of Part 6 does not constitute an interference with the privacy of an individual—

(a)about which a complaint may be made under section 45(1); or

(b)that may be dealt with in any way by the Health Complaints Commissioner under this Act, including by the service of a compliance notice under section 66(1)—

whether before or after the commencement of that Part.

21Organisation to comply with HPPs

(1)Subject to this section and section 20, an organisation must not do an act, or engage in a practice, that is an interference with the privacy of an individual.

(2)Subsection (1) does not apply if the organisation proves that, in the circumstances, compliance with this Act or the Health Privacy Principle would have contravened another Act, regulations made under another Act or an order of a tribunal or of a court of competent jurisdiction.

(3)Subsection (1) does not apply to the doing of an act, or the engaging in of a practice, by an organisation that, but for this subsection, would constitute a breach of HPP 1 or HPP 2, if—

(a)the doing of the act or the engaging in of the practice is necessary for the performance of a contract to which the organisation is a party entered into by the organisation before 23 November 2000; and

(b)the act is done or the practice is engaged in before the second anniversary of the commencement of section 20 or the end of any extension of that period granted in relation to that contract under subsection (4).

(4)On the application of an organisation before the second anniversary of the commencement of section 20 or before the expiry of any extension of that period granted under this subsection, the Health Complaints Commissioner may grant an extension of that period in relation to a specified contract if he or she is of the opinion that the organisation is doing its best—

(a)to comply with HPP 1 or HPP 2 consistent with its obligations under the contract; and

(b)to seek to have the contract re-negotiated to enable the organisation to comply fully with HPP 1 or HPP 2.

(5)Subsection (1) does not apply to the doing of an act, or the engaging in of a practice, by an organisation that, but for this subsection, would constitute a breach of HPP 2, in relation to health information collected by the organisation before the commencement of section 20, if—

(a)the Health Complaints Commissioner, on the application of the organisation, grants the organisation an exemption from that Principle in relation to specified information or information of a specified class for a specified period; and

(b)the act is done or the practice is engaged in, in relation to information to which the exemption applies—

(i)before the second anniversary of the commencement of section 20; and

(ii)during the period specified in the exemption.

(6)The Health Complaints Commissioner may grant an exemption under subsection (5) if he or she is of the opinion that, in the particular circumstances, it is in the public interest for the use or disclosure to continue otherwise than in compliance with HPP 2.

(7)Subsection (1) does not apply to the doing of an act, or the engaging in of a practice, by an organisation that, but for this subsection, would constitute a breach of HPP 2, in relation to health information collected by the organisation before the commencement of section 20, if the act is done, or the practice is engaged in, in the prescribed circumstances.

PART 4—GUIDELINES

22Health Complaints Commissioner may issue, approve or vary guidelines

(1)For the purposes of HPP 1.1(e)(iii), HPP 1.1(f), HPP 2.2(e), HPP 2.2(f)(vi), HPP 2.2(g)(iii), HPP 2.2(h), HPP 2.5(g), HPP 6.1(a), HPP 6.1(b) and HPP 10.2, the Health Complaints Commissioner may, by notice published in the Government Gazette—

(a)issue guidelines; or

(b)approve, in whole or in part and with or without modification, guidelines that are prepared or issued by a public sector agency or any other person or body; or

(c)vary any guidelines as issued or approved by the Health Complaints Commissioner.

(1A)The Health Complaints Commissioner, by notice published in the Government Gazette, may issue and vary guidelines in relation to the operation of section 16 and HPP 6.5 for the purposes of providing guidance—

(a)to a person—

(i)who intends to make a health information statement in respect of the health information held about the person by a mental health and wellbeing service provider; and

(ii)in relation to accessing the health information held by a mental health and wellbeing service provider in respect of the person; and

(b)to a mental health and wellbeing service provider in respect of the recording of any health information statement made by a person in relation to the health information held by the provider about the person.

Note

See also Part 17.2 of the Mental Health and Wellbeing Act 2022.

(2)Before exercising a power conferred by subsection (1) or (1A), the Health Complaints Commissioner must cause a notice of intention to issue, approve or vary guidelines to be published—

(a)in the Government Gazette; and

(b)in a newspaper circulating generally in Victoria.

(3)A notice under subsection (2) must—

(a)state where copies of the guidelines (as proposed to be issued, approved or varied) can be obtained; and

(b)specify a period of not less than 28 days after the date of the notice for making submissions to the Health Complaints Commissioner on them.

(4)After considering any submissions received, the Health Complaints Commissioner may proceed under subsection (1) or (1A), as proposed or with any amendments that the Health Complaints Commissioner considers appropriate.

(5)For the purposes of subsection (1) or (1A), the Health Complaints Commissioner may only issue, approve or vary guidelines that would have the effect of lessening the level of privacy protection afforded by the relevant Health Privacy Principle if he or she is satisfied that the public interest to be protected by the guidelines, or the guidelines as varied, substantially outweighs the public interest in maintaining that level of privacy protection.

(6)The guidelines may apply, adopt or incorporate any matter contained in any document, whether—

(a)wholly or partially or as amended by the guidelines; or

(b)as in force at the time the guidelines are made or at any time before then; or

(c)as in force from time to time.

(7)The guidelines—

(a)may be of general or limited application;

(b)may differ according to differences in time, place or circumstances.

23Revocation of issue or approval

The Health Complaints Commissioner may, by notice published in the Government Gazette, revoke an issue or approval of guidelines under section 22 if he or she is no longer satisfied of the matter that he or she had to be satisfied of to issue or approve the guidelines.

24Disallowance by Governor in Council

The Governor in Council may at any time, by notice published in the Government Gazette, disallow a decision of the Health Complaints Commissioner to issue, approve or vary guidelines or to revoke an issue or approval of guidelines.

PART 5—ACCESS TO HEALTH INFORMATION

Division 1—Right of access

25Right of access

(1)Subject to subsections (2) and (3), an individual has a right of access, in accordance with this Part and HPP 6, to health information relating to the individual held[1] by a health service provider or any other organisation.

(2)Subsection (1) applies to all health information collected on or after the commencement of this section.

(3)Subsection (1) also applies to the following health information collected before the commencement of this section—

(a)a history of the health, an illness or a disability of the individual; or

(b)any findings on an examination of the individual in relation to the health, an illness or a disability of the individual; or

(c)the results of an investigation into the health, an illness or a disability of the individual; or

(d)a diagnosis, or preliminary diagnosis, of an illness or disability of the individual; or

(e)a plan of management, or proposed plan of management, of the treatment or care of an illness or disability of the individual; or

(f)action taken or services provided (whether or not in accordance with a plan of management) by or under the direction or referral of a health service provider in relation to the individual; or

(g)personal information about the individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or

(h)genetic information about an individual in a form which is or could be predictive of the health, at any time, of the individual or of any of his or her descendants.

26No access to health information where threat to life or health of individual or another person[2]

An organisation must not give an individual access under this Act to his or her health information, or part of his or her health information, if the organisation believes on reasonable grounds, having regard to the guidelines, if any, issued or approved by the Health Complaints Commissioner under section 22 for the purposes of HPP 6.1(a), that the provision of the health information, or that part of the health information, would pose a serious threat to the life or health of the individual or any other person.

27No access to health information where information given in confidence[3]

(1)Subject to subsection (3), an organisation must not give an individual access under this Act to his or her health information if the health information is subject to confidentiality within the meaning of this section.

(2)Health information relating to an individual is subject to confidentiality to the extent that it is given in confidence to the person who recorded the health information by a person other than—

(a)the individual; or

(b)a health service provider in the course of, or otherwise in relation to, the provision of health services to the individual—

with a request that the information not be communicated to the individual to whom it relates.

(3)A person who gives health information in confidence may consent to the information being communicated to the individual to whom it relates.

28How right of access may be exercised

(1)A right of access may be exercised in any one or more of the following ways—

(a)by inspecting the health information or, if the health information is stored in electronic form, a print-out of the health information, and having the opportunity to take notes of its contents;

(b)by receiving a copy of the health information;

(c)by viewing the health information and, if it is held by a health service provider, having its content explained.

(2)If the organisation holding the health information is not a health service provider, the organisation may agree to provide an explanation of its content to an individual exercising a right to view the information.

(3)An explanation under subsection (1)(c) or (2) is to be provided—

(a)by the organisation holding the information if the organisation is a suitably qualified health service provider and is willing to do so; or

(b)if paragraph (a) does not apply, by a suitably qualified health service provider who practises in Victoria and—

(i)is nominated by the organisation and has consented to being so nominated and is approved by the individual to whom the health information relates; or

(ii)if the individual does not approve the health service provider nominated under subparagraph (i), is nominated by the individual and has consented to being so nominated.

(4)Despite anything to the contrary in this section, a right of access to health information referred to in section 25(3) may only be exercised—

(a)in a way provided by this section, with the agreement of the organisation holding the health information; or

(b)in the absence of such an agreement, by receiving an accurate summary of the health information.

29Providing access

(1)An organisation must provide access to an individual's health information—

(a)in the case of a request to inspect the health information, or a print-out of the health information, by making the health information or print-out available to the individual immediately or at a date, time and place in Victoria specified in a written notice given to the individual;

(b)in the case of a request to receive a copy of the health information, by giving to the individual—

(i)a copy of the health information; or

(ii)if the individual agrees, an accurate summary of the health information;

(c)in the case of a request to view the health information, by making the health information available to the individual;

(d)if a request to view the health information is accompanied by a request to have its content explained and the organisation is required, or has agreed, to provide that explanation, by explaining its content immediately or giving to the individual a written notice stating—

(i)if the organisation is a suitably qualified health service provider and is willing to do so, that the organisation will be available to explain the health information at a date, time and place in Victoria specified in the notice; or

(ii)in any other case, the name and address of a suitable health service provider who will be available in Victoria by arrangement with the individual, to explain the health information.

(2)Despite anything to the contrary in this section, an organisation is not required to provide access in accordance with this section to an individual's health information of a kind referred to in section 25(3) but may agree to do so and, in the absence of such an agreement, must give to the individual an accurate summary of the health information.

30Individual may authorise another person to be given access

(1)If an individual—

(a)has a right of access; and

(b)has signed a written authority for access to be provided to a person named in the authority—

the person so named must be given access to the health information.

(2)In this section—

written authority includes a supportive attorney appointment within the meaning of the Powers of Attorney Act 2014.

31Organisation may require evidence of identity or authority

Before giving a person access to health information, the organisation must take reasonable steps to be satisfied about that person's right to it and, for this purpose, may require evidence of—

(a)the person's identity; and

(b)if an individual has authorised the organisation to provide access to that person, the authority of the individual; and

(c)if the person seeking access is an authorised representative of the individual within the meaning of section 85(6) or the legal representative of a deceased individual, the authority of that person.

32Fees

(1)An organisation is not required to charge a fee for providing access to health information under this Act.

(2)A fee may not be charged under this Act for providing a manner of access to health information (except under section 29(1)(d)) unless a maximum fee has been prescribed for that manner of access.

(2A)Despite subsection (2), a mental health and wellbeing service provider must not charge a fee to a person for providing access to health information held by the mental health and wellbeing service provider in respect of that person if the information is held by the mental health and wellbeing service provider as a result of providing a mental health and wellbeing service to the person.

(3)An organisation must not charge a fee exceeding the prescribed maximum fee.

(4)A person who gives an explanation of health information to an individual under section 29(1)(d) may charge a fee for the service that does not exceed the amount of the person's usual fee for a consultation of a comparable duration.

(5)An organisation must not charge for the lodgment of a request for access.

Division 2—Request for access

33Request for access

(1)An individual who has a right of access under section 25 to health information may request the organisation holding the information to provide access to it.

(2)An organisation may assist an individual in making a request by advising him or her about the different ways in which a right of access may be exercised.

(3)A request must—

(a)state the name and, unless it is already known to the organisation, the address of the individual; and

(b)sufficiently identify the health information to which access is sought; and

(c)specify the way in which the individual wishes to have access, being a way referred to in section 28; and

(d)be in writing if it is—

(i)a request by an authorised representative within the meaning of section 85(6); or

(ii)a request by a legal representative of a deceased individual.

(4)If the request is made orally, the organisation possessing the health information—

(a)may, as soon as reasonably practicable, ask the individual to make the request in writing; and

(b)if the organisation does so, need not take any further action in respect of the oral request.

34Response to request

(1)This section applies to a request made under section 33, other than an oral request which the organisation has asked the individual to make in writing.

(2)Within 45 days after receiving a request, the organisation must—

(a)give to the individual a written reason for refusal of access to the health information, being a reason for refusal provided by this Part or HPP 6; or

(b)if the organisation is charging a fee in accordance with section 32 for giving access—

(i)give to the individual a written notice stating that the organisation will give access to the health information on payment of the fee specified in the notice; and

(ii)give access to the health information in accordance with section 29 or HPP 6.2 within 7 days after payment of the fee or 45 days after receiving the request, whichever is the later; or

(c)in every other case, give access to the health information in accordance with section 29 or HPP 6.2 as soon as practicable but not later than 45 days after receiving the request.

(3)If the organisation gives a notice under subsection (2)(a) that relates only to a part of the health information held by the organisation, the organisation must comply with subsection (2) in respect of the remainder of the health information.

35Refusal of access

An organisation is taken to have refused access to the health information if—

(a)the organisation fails to comply with a requirement of section 29 or 34; or

(b)in the case of a notice given by the organisation under section 29(1)(a) or 29(1)(d)(i)—

(i)the notice does not specify a date, time or place that, in all the circumstances, is reasonable; or

(ii)the organisation unreasonably fails to allow inspection of the health information, or to give a reasonable explanation, in accordance with the notice; or

(c)in the case of a notice given by the organisation under section 29(1)(d)(ii), the health service provider specified in the notice unreasonably fails—

(i)to make an arrangement with the individual to explain the health information; or

(ii)to comply with an arrangement so made.

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

36Application

This Division applies if an organisation that holds health information about an individual refuses under section 26 to provide the individual with access to the health information on the ground that providing access would pose a serious threat to the life or health of the individual.

37Offer to discuss health information

(1)If the organisation considers that it would be desirable for a suitably qualified health service provider to discuss the health information with the individual, the organisation may include in, or attach to, the notice of refusal an offer—

(a)to discuss the health information with the individual, if the organisation is a suitably qualified health service provider; or

(b)to arrange for a specified health service provider who practises in Victoria, is suitably qualified and has consented to being nominated, to discuss the health information with the individual.

(2)The organisation must advise the individual in the notice of refusal that he or she may nominate a health service provider in the circumstances referred to in section 38, whether or not the organisation makes an offer under subsection (1).

38Individual may nominate health service provider to assess ground for refusal etc.

(1)If—

(a)the organisation does not make an offer referred to in section 37; or

(b)the individual does not accept an offer made under that section; or

(c)the individual is not satisfied with the outcome of the discussion—

the individual may, within the period specified in subsection (2), give a written notice to the organisation nominating a health service provider for the purposes of this Division.

(2)The period for giving a written notice under subsection (1) is—

(a)the period of 21 days after receiving the notice of refusal, if the organisation does not make an offer referred to in section 37 or the individual does not accept such an offer; or

(b)the period of 21 days after a discussion with the organisation or a health service provider held under such an offer.

(3)An individual may only nominate a health service provider who has consented to being nominated for the purposes of this Division.

39Organisation may object to nomination

(1)Subject to subsection (2), if—

(a)an organisation receives a notice under section 38(1) nominating a health service provider; and

(b)the organisation believes on reasonable grounds that the nominated health service provider is not suitable to act as the nominated health service provider—

the organisation may, within 14 days after receiving the notice, give a written notice to the individual—

(c)stating that the organisation objects to the nominated health service provider and specifying the ground of the objection; and

(d)if the organisation considers it appropriate to do so, suggesting the class of health service providers from which a health service provider should be nominated.

(2)Subsection (1) does not apply in any of the following cases—

(a)if the health service provider who recorded the health information and the nominated health service provider are registered with the same registration board;

(b)if the nominated health service provider is a registered medical practitioner and has the ability to understand and interpret the health information;

(c)if the nominated health service provider provides the same kind of service as the health service provider who recorded the health information and the nominated health service provider has the ability to understand and interpret the health information.

40Lapsing of nomination

(1)The nomination of a health service provider lapses if—

(a)the organisation gives a notice in accordance with section 39(1); or

(b)the nominated health service provider—

(i)dies; or

(ii)ceases to be a health service provider; or

(iii)refuses or fails to act within a reasonable time.

(2)If a nomination lapses, the individual may make one more nomination under section 38(1).

41Organisation must give health information to nominee

If—

(a)an organisation has made an offer referred to in section 37(1)(b) and it is advised by the individual of the acceptance of that offer; or

(b)an organisation receives from the individual a notice under section 38(1) nominating a health service provider—

the organisation must give the health information, or a copy of it, to the nominated health service provider within 14 days after receiving the advice or notice unless within that period—

(c)in a case referred to in paragraph (a), the individual withdraws consent to discuss the health information; or

(d)in a case referred to in paragraph (b), the organisation gives a notice under section 39(1) in respect of the notice given to it under section 38(1); or

(e)in any case, the nomination of the health service provider lapses.

42Functions of nominated health service provider

(1)Subject to subsection (2), the functions of a nominated health service provider are—

(a)to notify the individual that the provider will discuss with the organisation the basis for the refusal of access by the organisation; and

(b)to contact the organisation that refused access in order to discuss the nature of its concerns; and

(c)to form an opinion on the validity or otherwise of the refusal to provide the individual with access on the ground that providing access would pose a serious threat to the life or health of the individual; and

(d)if the nominated health service provider thinks it appropriate to do so, to explain the grounds of the claim to the individual; and

(e)if the nominated health service provider thinks it appropriate to do so, to discuss the content of the health information with the individual; and

(f)if the provider is satisfied that to do so would not constitute a serious threat to the life or health of the individual, to allow the individual to inspect the health information or, if the individual so wishes and the organisation agrees, to have a copy of it; and

(g)if the provider is not so satisfied, to decline to allow the individual to have access to the health information.

(2)A nominated health service provider must not disclose to the individual any health information to which access has been refused under this Part or HPP 6 on any ground other than the ground referred to in section 36.

(3)The nominated health service provider may charge the individual a fee (not exceeding the prescribed maximum fee) for performing the functions set out in subsection (1).

(4)For the avoidance of doubt it is declared that the act of forming an opinion in the exercise by a nominated health service provider of a function under subsection (1)(c) is not an interference with the privacy of the individual to whom the information relates.

Division 4—Miscellaneous

43Alternative arrangements may be made

Nothing in this Part (except sections 26 and 27) is intended to prevent or discourage an organisation from providing an individual, with his or her consent, with access to his or her health information otherwise than as required by this Part.

44Provision of health services and keeping of health information—terms and conditions

(1)It is a term of a contract, whether oral or in writing, for the provision of a health service to an individual that the health service provider will allow the individual to have access, in accordance with this Act, to health information relating to the individual that relates to, or is made in consequence of the provision of, the service.

(2)Subsection (1) applies to a contract, whether or not the individual is a party to the contract, made after the commencement of this section and—

(a)the contract is made in Victoria; or

(b)the contract has been, or is to be, performed wholly or partly in Victoria; or

(c)the individual is present or resides in Victoria when the contract is made.

(3)For the purposes of this section, it is immaterial whether—

(a)the health service was provided in Victoria; or

(b)the health information is kept or located in Victoria.

(4)If a contract or other agreement purports to exclude, or is inconsistent with, a provision of this section, the contract or agreement is, to that extent, void.

PART 6—COMPLAINTS

Division 1—Making a complaint

45Complaints

(1)An individual may complain to the Health Complaints Commissioner about an act or practice that may be an interference with the privacy of the individual[4].

(2)In the case of an act or practice that may be an interference with the privacy of a deceased individual, it is immaterial whether the act or practice occurred, or is alleged to have occurred, during the lifetime or after the death of the individual.

(3)In the case of an act or practice that may be an interference with the privacy of 2 or more individuals, any one of those individuals may make a complaint under subsection (1) on behalf of all of the individuals with their consent.

(4)A complaint must be in writing and be lodged with the Health Complaints Commissioner by hand, facsimile or other electronic transmission or post.

(5)A complainant may request that his or her complaint be expedited and give grounds for the request.

(6)It is the duty of the Health Complaints Commissioner to provide appropriate assistance to an individual who wishes to make a complaint and requires assistance to formulate the complaint.

(7)The complaint must specify the respondent to the complaint.

(8)If the organisation represents the Crown, the State shall be the respondent.

(9)If the organisation does not represent the Crown and—

(a)is a legal person, the organisation shall be the respondent; or

(b)is an unincorporated body, the members of the committee of management of the organisation shall be the respondents.

(10)A failure to comply with subsection (7) does not render the complaint, or any step taken in relation to it, a nullity.

46Complaint referred to Health Complaints Commissioner

The Health Complaints Commissioner may treat a complaint referred to him or her by—

(a)the Ombudsman under section 16I of the Ombudsman Act 1973; or

*                *                *                *                *

(b)the Information Commissioner under section 61C of the Freedom of Information Act 1982 or section 63 of the Privacy and Data Protection Act 2014—

as if it were a complaint made under section 45(1).

47Complaints by children and people with an impairment

(1)A complaint may be made—

(a)by a child; or

(b)on behalf of a child by—

(i)a parent of the child; or

(ii)any other person chosen by the child or by a parent of the child; or

(iii)any other person who, in the opinion of the Health Complaints Commissioner, has a sufficient interest in the subject-matter of the complaint.

(2)A child who is capable of understanding the general nature and effect of choosing a person to make a complaint on his or her behalf may do so even if he or she is otherwise incapable of exercising powers.

(3)If an individual is unable to complain by reason of injury, disease, senility, illness, disability, physical impairment or mental disorder, a complaint may be made on behalf of that individual by—

(a)another person authorised by the individual to complain on his or her behalf; or

(b)if the individual is unable to authorise another person, any other person on his or her behalf who, in the opinion of the Health Complaints Commissioner, has a sufficient interest in the subject-matter of the complaint.

(4)An individual who is capable of understanding the general nature and effect of authorising another person to complain on his or her behalf may do so even if he or she is otherwise incapable of exercising powers.

Division 2—Procedure after a complaint is made

48Health Complaints Commissioner must notify respondent

The Health Complaints Commissioner must notify the respondent in writing of the complaint as soon as practicable after receiving it.

49Preliminary assessment of complaint

(1)Within a reasonable period after receiving a complaint but not later than 90 days after the day on which a complaint is lodged, the Health Complaints Commissioner must decide whether, and to what extent, to entertain the complaint.

(2)To enable the Health Complaints Commissioner to make a decision under subsection (1), he or she may, by written notice, invite any person—

(a)to attend before the Health Complaints Commissioner for the purpose of discussing the subject-matter of the complaint; or

(b)to produce any documents specified in the notice.

(3)If the Health Complaints Commissioner considers it appropriate, he or she may attempt to resolve the complaint informally.

50Splitting complaints

(1)If a complaint—

(a)deals with more than one subject-matter; or

(b)deals with more than one set of circumstances; or

(c)makes allegations against more than one organisation; or

(d)makes more than one allegation against an organisation; or

(e)for any other reason is suitable to be dealt with in separate parts—

the Health Complaints Commissioner—

(f)may if it is administratively convenient to do so; or

(g)must if it is in the interest of the complainant to do so—

determine that any subject-matter, set of circumstances, allegation or part, as the case requires, be treated as a separate complaint.

(2)The Health Complaints Commissioner must not make a determination under subsection (1) unless he or she is satisfied that any attempt at conciliation is unlikely to be prejudiced by the making of the determination.

51Circumstances in which Health Complaints Commissioner may decline to entertain complaint

(1)The Health Complaints Commissioner may decline to entertain a complaint made under section 45(1) by notifying the complainant and the respondent in writing to that effect within 90 days after the day on which the complaint was lodged if the Health Complaints Commissioner considers that—

(a)the act or practice about which the complaint has been made is not an interference with the privacy of an individual; or

(b)the complaint is made on behalf of a complainant by a person who is not authorised by section 47 to do so; or

(c)although a complaint has been made to the Health Complaints Commissioner about the act or practice, the complainant has not complained to the respondent; or

(d)the complaint to the Health Complaints Commissioner was made more than 12 months after the complainant became aware of the act or practice; or

(e)the complaint is frivolous, vexatious, misconceived or lacking in substance; or

(f)the act or practice is the subject of—

(i)an application under another enactment; or

(ii)a proceeding in a court or tribunal—

and the subject-matter of the complaint has been, or is being, dealt with adequately by that means; or

(g)the act or practice could be made the subject of an application under another enactment for a more appropriate remedy; or

(h)the complainant has complained to the respondent about the act or practice and either—

(i)the respondent has dealt, or is dealing, adequately with the complaint; or

(ii)the respondent has not yet had an adequate opportunity to deal with the complaint.

6.6If—

(a)the organisation is not willing to correct the health information in accordance with a request by the individual; and

(b)no decision or recommendation to the effect that the information should be corrected wholly or partly in accordance with the request, is pending or has been made under this Act or any other law; and

(c)the individual gives to the organisation a written statement concerning the requested correction—

the organisation must take reasonable steps to associate the statement with the information.

6.7If the organisation accepts the need to correct the health information but—

(a)the organisation considers it likely that leaving incorrect information, even if corrected, could cause harm to the individual or result in inappropriate health services or care being provided; or

(b)the form in which the health information is held makes correction impossible; or

(c)the corrections required are sufficiently complex or numerous for a real possibility of confusion or error to arise in relation to interpreting or reading the record if it were to be so corrected—

the organisation must place the incorrect information on a record which is not generally available to anyone involved in providing health services to the individual, and to which access is restricted, and take reasonable steps to ensure that only the corrected information is generally available to anyone who may provide health services to the individual.

6.8If an organisation corrects health information about an individual, it must—

(a)if practicable, record with the correction the name of the person who made the correction and the date on which the correction is made; and

(b)take reasonable steps to notify any health service providers to whom the organisation disclosed the health information before its correction and who may reasonably be expected to rely on that information in the future.

6.9If an individual requests an organisation to correct health information about the individual, the organisation must take reasonable steps to notify the individual of a decision on the request as soon as practicable but in any case not later than 30 days after the request is received by the organisation.

Written reasons

6.10An organisation must provide written reasons for refusal of access[16] or a refusal to correct health information.

7Principle 7—Identifiers

7.1An organisation may only assign identifiers to individuals if the assignment of identifiers is reasonably necessary to enable the organisation to carry out any of its functions efficiently.

7.2Subject to HPP 7.4, a private sector organisation may only adopt as its own identifier of an individual an identifier of an individual that has been assigned by a public sector organisation (or by an agent of, or contractor to, a public sector organisation acting in its capacity as agent or contractor) if—

(a)the individual has consented to the adoption of the same identifier; or

(b)the use or disclosure of the identifier is required or authorised by or under law.

7.3Subject to HPP 7.4, a private sector organisation may only use or disclose an identifier assigned to an individual by a public sector organisation (or by an agent of, or contractor to, a public sector organisation acting in its capacity as agent or contractor) if—

(a)the use or disclosure is required for the purpose for which it was assigned or for a secondary purpose referred to in one or more of paragraphs (c) to (l) of HPP 2.2; or

(b)the individual has consented to the use or disclosure; or

(c)the disclosure is to the public sector organisation which assigned the identifier to enable the public sector organisation to identify the individual for its own purposes.

7.4If the use or disclosure of an identifier assigned to an individual by a public sector organisation is necessary for a private sector organisation to fulfil its obligations to, or requirements of, the public sector organisation, a private sector organisation may either—

(a)adopt as its own identifier of an individual an identifier of the individual that has been assigned by the public sector organisation; or

(b)use or disclose an identifier of the individual that has been assigned by the public sector organisation.

8Principle 8—Anonymity

8.1Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with an organisation.

9Principle 9—Transborder Data Flows

9.1An organisation may transfer health information about an individual to someone (other than the organisation or the individual) who is outside Victoria only if—

(a)the organisation reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Health Privacy Principles; or

(b)the individual consents to the transfer; or

(c)the transfer is necessary for the performance of a contract between the individual and the organisation, or for the implementation of pre-contractual measures taken in response to the individual's request; or

(d)the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the organisation and a third party; or

(e)all of the following apply—

(i)the transfer is for the benefit of the individual;

(ii)it is impracticable to obtain the consent of the individual to that transfer;

(iii)if it were practicable to obtain that consent, the individual would be likely to give it; or

(f)the organisation has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Health Privacy Principles; or

(g)the transfer is authorised or required by any other law.

10Principle 10—Transfer or closure of the practice of a health service provider

10.1This Principle applies if the practice or business of a health service provider (the provider) is to be—

(a)sold or otherwise transferred and the provider will not be providing health services in the new practice or business; or

(b)closed down.

10.2The provider or, if the provider is deceased, the legal representatives of the provider, must—

(a)publish a notice in a newspaper circulating in the locality of the practice or business stating—

(i)that the practice or business has been, or is about to be, sold, transferred or closed down, as the case may be; and

(ii)the manner in which the provider proposes to deal with the health information held by the practice or business about individuals who have received health services from the provider, including whether the provider proposes to retain the information or make it available for transfer to those individuals or their health service providers; and

(b)take any other steps to notify individuals who have received a health service from the provider in accordance with guidelines issued or approved by the Health Complaints Commissioner under section 22 for the purposes of this paragraph.

10.3Not earlier than 21 days after giving notice in accordance with HPP 10.2, the person giving the notice must, in relation to health information about an individual held by, or on behalf of, the practice or business, elect to retain that information or transfer it to—

(a)the health service provider, if any, who takes over the practice or business; or

(b)the individual or a health service provider nominated by him or her.

10.4A person who elects to retain health information must continue to hold it or transfer it to a competent organisation for safe storage in Victoria, until the time, if any, when the health information is destroyed in accordance with HPP 4.

10.5Subject to HPP 10.2, a person must comply with the requirements of this Principle as soon as practicable.

10.6Despite any other provision of the Health Privacy Principles, a person who transfers health information in accordance with this Principle does not, by so doing, contravene the Health Privacy Principles.

10.7If—

(a)an individual, in response to a notice published under HPP 10.2, requests that health information be transferred to him or her or to a health service provider nominated by him or her; and

(b)the person who published the notice elects to retain the health information—

the request must be taken to be—

(c)in the case of a request that the health information be transferred to him or her, a request for access to that health information in accordance with Part 5 or HPP 6; and

(d)in the case of a request that the health information be transferred to a health service provider nominated by him or her, a request for the transfer of that health information in accordance with HPP 11—

and it must be dealt with in accordance with this Act.

10.8This Principle operates subject to any other law, including the Public Records Act 1973.

10.9For the purposes of HPP 10.1(a), a business or practice of a provider is transferred if—

(a)it is amalgamated with another organisation; and

(b)the successor organisation which is the result of the amalgamation is a private sector organisation.

11Principle 11—Making information available to another health service provider

11.1If an individual—

(a)requests a health service provider to make health information relating to the individual held by the provider available to another health service provider; or

(b)authorises another health service provider to request a health service provider to make health information relating to the individual held by that provider available to the requesting health service provider—

a health service provider to whom the request is made and who holds health information about the individual must, on payment of a fee not exceeding the prescribed maximum fee and subject to the regulations, provide a copy or written summary of that health information to that other health service provider.

11.2A health service provider must comply with the requirements of this Principle as soon as practicable.

11.3Nothing in Part 5 or HPP 6 limits the operation of this Principle.

11.4For the purposes of HPP 10.7, this Principle applies to a legal representative of a deceased health service provider in the same way that it applies to a health service provider.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 23 November 2000

Legislative Council: 22 March 2001

The long title for the Bill for this Act was "A Bill to establish a regime for the protection of health information held by health service providers and other organisations, to create an enforceable right of access to health information, to establish privacy standards for health information, to amend the Parliamentary Committees Act 1968, the Ombudsman Act 1973, the Freedom of Information Act 1982, the Health Services (Conciliation and Review) Act 1987, the Subordinate Legislation Act 1994 and certain other Acts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 23 November 2000

Legislative Council: 22 March 2001

Absolute majorities:

Legislative Assembly: 20 March 2001

Legislative Council: 3 April 2001

The Health Records Act 2001 was assented to on 10 April 2001 and came into operation as follows:

Ss 1–6, 22–24, 84, 87(a)(b)(k)(m)–(o)(q)(r), 88–91, 94, 100,

105(c)–(e)(i)(f)–(k)(n), 107(b)(c), 111(2)(a)(3)(5) on 16 November 2001: Government Gazette 15 November 2001 page 2839; ss 7, 8, 13–17, 19, 85, 86(2)–(5), 93, 95–99, 103(1)(2)(b), 109, 111(1), Schedule 1 on 1 March 2002: Government Gazette 28 February 2002 page 318; rest of Act on 1 July 2002: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Health Records Act 2001 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:	12.6.01
Commencement Date:	S. 6(Sch. 4 item 4) on 28.6.01: Government Gazette 28.6.01 p. 1428
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Health Practitioner Acts (Further Amendments) Act 2002, No. 14/2002

Assent Date:	7.5.02
Commencement Date:	Ss 48, 49 on 8.5.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Australian Crime Commission (State Provisions) Act 2003, No. 52/2003

Assent Date:	16.6.03
Commencement Date:	S. 52(Sch. 1 item 5) on 17.6.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Health Legislation (Further Amendment) Act 2003, No. 98/2003

Assent Date:	2.12.03
Commencement Date:	S. 12 on 3.12.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Parliamentary Committees Act 2003, No. 110/2003

Assent Date:	9.12.03
Commencement Date:	S. 57 on 10.12.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 95) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 48) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 26) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Disability Act 2006, No. 23/2006

Assent Date:	16.5.06
Commencement Date:	S. 241 on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Statute Law Revision Act 2007, No. 28/2007

Assent Date:	26.6.07
Commencement Date:	S. 3(Sch. item 30) on 27.6.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 29) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Family Violence Protection Act 2008, No. 52/2008

Assent Date:	23.9.08
Commencement Date:	S. 250 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Stalking Intervention Orders Act 2008, No. 68/2008

Assent Date:	18.11.08
Commencement Date:	S. 77 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 29) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 28) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Personal Safety Intervention Orders Act 2010, No. 53/2010

Assent Date:	7.9.10
Commencement Date:	S. 221(Sch. item 6) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, No. 6/2012

Assent Date:	6.3.12
Commencement Date:	Ss 36–38 on 1.12.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	S. 289 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 47) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 77) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Powers of Attorney Act 2014, No. 57/2014

Assent Date:	26.8.14
Commencement Date:	S. 153 on 1.9.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 25) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 19) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Access to Medicinal Cannabis Act 2016, No. 20/2016

Assent Date:	26.4.16
Commencement Date:	S. 147 on 14.9.16: Special Gazette (No. 284) 13.9.16 p. 1
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	Ss 178–232 on 1.2.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	S. 81 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date:	18.10.16
Commencement Date:	S. 102 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Medical Treatment Planning and Decisions Act 2016, No. 69/2016

Assent Date:	29.11.16
Commencement Date:	S. 157 on 12.3.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 10) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017

Assent Date:	14.6.17
Commencement Date:	Ss 18, 19 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017

Assent Date:	8.11.17
Commencement Date:	S. 49 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Voluntary Assisted Dying Act 2017, No. 61/2017

Assent Date:	5.12.17
Commencement Date:	S. 139 on 19.6.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018

Assent Date:	10.4.18
Commencement Date:	S. 42 on 11.4.18: Special Gazette (No. 164) 10.4.18 p. 1; s. 30 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Serious Offenders Act 2018, No. 27/2018

Assent Date:	26.6.18
Commencement Date:	S. 360 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 19) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 264 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Health Legislation Amendment and Repeal Act 2019, No. 34/2019

Assent Date:	22.10.19
Commencement Date:	S. 49 on 23.10.19: s. 2(1); s. 86 on 27.8.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Health Records Act 2001

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 51) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Terrorism (Community Protection) Amendment Act 2021, No. 47/2021

Assent Date:	3.11.21
Commencement Date:	S. 26 on 2.9.22: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Mental Health and Wellbeing Act 2022, No. 39/2022 (as amended by No. 20/2023)

Assent Date:	6.9.22
Commencement Date:	Ss 829−831 on 1.9.23: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

Health Legislation Amendment (Information Sharing) Act 2023, No. 4/2023

Assent Date:	28.3.23
Commencement Date:	S. 5 on 7.2.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Health Records Act 2001

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1]S. 25(1): Section 5 defines what is meant by this expression.

[2]S. 26: See also Division 3 of Part 5 and HPP 6.3.

[3]S. 27: HPP 1.7 relates to the collection of information given in confidence.

[4]S. 45(1): Section 18 defines what is meant by this expression.

[5]S. 64(1): Section 18 defines what is meant by this expression.

[6]S. 96: See also HPP 6.1(c).

[7]Sch. 1 HPP 1.5: See HPP 1.7 and also section 27.

[8]Sch. 1 HPP 1.7: See also section 27.

[9]Sch. 1 HPP 2: See also HPP 9 for requirements relating to the transfer of health information to a person who is outside Victoria.

[10]Sch. 1 HPP 2.2: A use or disclosure may be permitted under more than one paragraph of HPP 2.2.

[11] Sch. 1 HPP 2.2(i): For the purposes of this paragraph, the term "breach of confidence" relates to the general law of confidence (including but not limited to the common law or in equity), which requires, amongst other things, that a duty of confidence exists under that law which is not, in the particular circumstances, outweighed by any countervailing public interest under that law.

[12] Sch. 1 HPP 2.2(j): See note 11.

[13]Sch. 1 HPP 6: See section 34(3) for access to health information, only part of which is claimed to fall within HPP 6.1 or HPP 6.2.

[14]Sch. 1 HPP 6.1(c): See also section 96.

[15]Sch. 1 HPP 6.5: See HPP 4.2 and HPP 4.3 for deletion or destruction of health information.

[16]Sch. 1 HPP 6.10: See section 35 regarding refusal of access.