It has come to the attention of Constitution Watch some medical practitioners and public hospitals are refusing to supply personal health records. If you are experiencing medical belligerence the Health Records Act provides you a RIGHT of access to the records and a penalty is waiting for those entities that resist your RIGHT of request and access.
A person cannot be persuaded not to exercise their
RIGHT of access under the Act below.
HEALTH RECORDS ACT 2001 - SECT 25
Right 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 theindividual; 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 ordisability 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.
HEALTH RECORDS ACT 2001 - SECT 28
How 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;
HEALTH RECORDS ACT 2001 - SECT 29
Providing 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;
HEALTH RECORDS ACT 2001 - SECT 33
Request for access (1) An individual who has a right of access under section 25 to health information may request the organisationholding 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.
HEALTH RECORDS ACT 2001 - SECT 83
Persons not to be persuaded not to exercise rights under ActA person or body must not, by threat, intimidation or false representation, persuade or attempt to persuade another person—
(a) to refrain from making or pursuing—
(i) a request for access to health information under Part 5; or
S. 83(a)(ii) amended by No. 22/2016 s. 220.
(ii) a complaint to the Health Complaints Commissioner under Part 6; or
(b) to withdraw a request or complaint referred to in paragraph (a).
Penalty: In the case of a body corporate, 300 penalty units;
In any other case, 60 penalty units.
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