HEALTH RECORDS ACT 2001
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Interpretative provisions
- 5 When does an organisation hold health information?
- 6 Objects of Act
- 7 Relationship of this Act to other laws
- 8 Nature of rights created by this Act
- 9 Act binds the Crown
PART 2--APPLICATION OF THIS ACT
Division 1--Public sector organisations
- 10 Application to public sector
Division 2--Private sector organisations
Division 3--Exemptions
- 13 Personal, family or household affairs
- 14 Courts, tribunals, etc.
- 14A Royal Commissions etc.
- 14B Information sharing under the Family Violence Protection Act 2008
- 14C Information sharing under the Child Wellbeing and Safety Act 2005
- 14D Information sharing for quality and safety purposes under the Health Services Act 1988
- 14E Information sharing under Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003
- 14F Health information collected or held by the Electronic Patient Health Information Sharing System
- 15 Publicly available health information
- 16 Freedom of Information Act 1982
- 17 News media
PART 3--PRIVACY OF HEALTH INFORMATION
- 18 What is an interference with privacy?
- 19 Health Privacy Principles
- 20 Application of HPPs
- 21 Organisation to comply with HPPs
PART 4--GUIDELINES
- 22 Health Complaints Commissioner may issue, approve or vary guidelines
- 23 Revocation of issue or approval
- 24 Disallowance by Governor in Council
PART 5--ACCESS TO HEALTH INFORMATION
Division 1--Right of access
- 25 Right of access
- 26 No access to health information where threat to life or health of individual or another person[2]
- 27 No access to health information where information given in confidence[3]
- 28 How right of access may be exercised
- 29 Providing access
- 30 Individual may authorise another person to be given access
- 31 Organisation may require evidence of identity or authority
- 32 Fees
Division 2--Request for access
Division 3--Refusal of access on ground of threat to life or health of the individual requesting access
- 36 Application
- 37 Offer to discuss health information
- 38 Individual may nominate health service provider to assess ground for refusal etc.
- 39 Organisation may object to nomination
- 40 Lapsing of nomination
- 41 Organisation must give health information to nominee
- 42 Functions of nominated health service provider
Division 4--Miscellaneous
- 43 Alternative arrangements may be made
- 44 Provision of health services and keeping of health information—terms and conditions
PART 6--COMPLAINTS
Division 1--Making a complaint
- 45 Complaints
- 46 Complaint referred to Health Complaints Commissioner
- 47 Complaints by children and people with an impairment
Division 2--Procedure after a complaint is made
- 48 Health Complaints Commissioner must notify respondent
- 49 Preliminary assessment of complaint
- 50 Splitting complaints
- 51 Circumstances in which Health Complaints Commissioner may decline to entertain complaint
- 52 Referral to registration board
- 53 Health Complaints Commissioner may dismiss stale complaint
- 54 Minister may refer a complaint direct to Tribunal
- 55 Complaint about registered health practitioner
- 56 What happens if a complaint is accepted?
- 57 What happens if conciliation or ruling is inappropriate?
- 58 Duty to stop proceedings
Division 3--Conciliation of complaints
- 59 Conciliation process
- 60 Power to obtain information and documents
- 61 Conciliation agreements
- 62 Conciliation statements, acts and documents inadmissible
- 63 What happens if conciliation fails?
Division 4--Investigation, rulings and compliance notices
- 64 Investigation and ruling
- 65 Referral to Tribunal
- 66 Compliance notice
- 67 Power to obtain information and documents
- 68 Conduct of investigation etc.
- 69 Power to examine witnesses
- 70 Protection against self-incrimination
- 71 Offence not to comply with compliance notice
- 72 Application for review—compliance notice
Division 5--Interim orders
- 73 Tribunal may make interim orders before hearing
Division 6--Jurisdiction of the Tribunal
- 74 When may the Tribunal hear a complaint?
- 75 Who are the parties to a proceeding?
- 76 Time limits for certain complaints
- 77 Inspection of exempt documents by Tribunal
- 78 What may the Tribunal decide?
PART 7--OFFENCES
- 79 Definition
- 80 Unlawfully requiring consent etc.
- 81 Unlawful destruction etc. or removal of health information
- 82 Unlawfully requesting or obtaining access to health information
- 83 Persons not to be persuaded not to exercise rights under Act
- 84 Failure to attend etc. before Health Complaints Commissioner
PART 8--GENERAL
- 85 Capacity to consent or make a request or exercise right of access
- 86 Protection from liability
- 87 Functions of Health Complaints Commissioner
- 88 Powers
- 89 Health Complaints Commissioner to have regard to certain matters
- 90 Secrecy
- 91 Delegation
- 92 Employees and agents
- 93 Offences by organisations or bodies
- 94 Prosecutions
- 95 Deceased individuals
- 96 Legal professional privilege and client legal privilege not affected by this Act[6]
- 97 Defect or invalidity—protection if person acts in good faith etc.
- 98 Unqualified organisation may obtain and act on expert advice
- 99 Supreme Court—limitation of jurisdiction
- 100 Regulations