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Collection of 'family medical history' under the Health Records Regulations 2002

Authority to collect family medical history

HPP 1 of the Health Records Act (the Act) specifies when a public or private sector organisation may collect identifying health information. This principle sets out a number of the grounds for the collection of health information for the purposes of providing health services. HPP 1 also allows regulations to be made to specify additional grounds for collection.

It is an accepted part of some health services delivery, especially medical practice, that a health service provider will prepare a family medical history or social medical history from information provided by the person seeking health services, to assist in diagnosing and treating that person or to provide him or her with other health, disability or aged care services. This history will ordinarily be prepared without the consent of the relatives or other third parties concerned, as it will not be practicable to obtain their consent.

Regulation 8 of the Health Records Regulations 2002 therefore supplements HPP 1 by allowing a health service provider to request and record health information about a third party, provided that:

• the information collected about that third party does not contain any more identifying information than is reasonably necessary to provide safe and effective treatment or services to the person who is being treated or receiving services from the provider; and
• the information is collected from the person being treated or who is receiving the services, or if he or she unable to give the information because of an incapacity (due to age, injury, disease, senility, illness, disability, physical impairment or mental disorder), from that person's authorised representative, immediate family member or primary carer.

Organisations should refer to regulation 8 for details of this ground of collection.

Health Records Regulations 2002 (including regulation 8) (MS Word file 43KB)

The terms "immediate family member" and "parent" are relevant to this regulation, and are defined in section 3 of the Act.

Regulation 8 also provides that a health service provider who collects health information under this provision is not obliged to inform the third party to whom the information relates about the collection.

Further information

Further information is also available from the Office of the Health Services Commissioner at http://www.health.vic.gov.au/hsc/ . The Commissioner's office can be contacted on (03) 8601 5200 or toll free on 1800 136 066.

Copies of the Health Records Regulations 2002 and the Freedom of Information (Access Charges) (Amendment) Regulations 2002 can be purchased from:

• Information Victoria, 356 Collins St, Melbourne VIC 3000 (tel. 1300 366 356); or
• by mail order from Anstat Customer Services, PO Box 447, South Melbourne, VIC 3205 (tel. 03 9278 1144).

These regulations are also available at http://www.dms.dpc.vic.gov.au/ (look under 'Law Today').