Review of Health Records Regulations 2002

The Department is currently reviewing the Health Records Regulations 2002 (the current regulations), which are due to expire in 2012.  
The current regulations have two purposes.  First, they set maximum fees that may be charged to an individual:

• by a private sector organisation for providing the individual with access to their health information under Part 5 of the Act and Health Privacy Principle 6 (Schedule 1 of the Act)
• by a health service provider (whether public or private) for transferring the individual’s health information to another health services provider under Health Privacy Principle 11 (Schedule 1 of the Act)
• by a nominated health service provider for performing functions under s 42(1) of the Act.  Section 42(1) functions involve providing a ‘second opinion’ in circumstances where another health services provider has refused to provide the individual with access to their health information on the grounds that providing access would pose a serious threat to the life or health of the individual. 

A second purpose of the regulations is to permit additional circumstances in which health information about an individual may be collected in accordance with Health Privacy Principle 1.  This regulation is intended to permit the collection of health information about another person in the context of an individual’s treatment.  A common example is where an individual provides their health practitioner with information regarding the health of one of their genetic relatives, to assist their own treatment.

What is the objective of the regulation review?

The Subordinate Legislation Act 1994 generally requires that regulations made in Victoria to sunset (expire) ten years after the date on which they are made, unless they are earlier revoked.  This is to ensure that regulations are regularly reviewed and that unnecessary regulations are automatically revoked.  The Department is reviewing the current regulations for this purpose and expects to make appropriate replacement regulations before the current regulations sunset in June 2012. 

How are the regulations being reviewed?

1. research and targeted consultation
2. development of regulatory policy options and draft regulations
3. consultation on draft regulations
4. settlement of regulations.

Responding to the Regulations Review consultation

The Department will be contacting representatives of key stakeholders as part of phase one of the review.

If you would also like to comment on the regulations, please contact the Policy Instruments and Compliance Unit on 9096 2164 or e-mail privatehealthregreview@health.vic.gov.au

Alternatively, you may comment in relation to any proposed regulations as part of phase three of the review.  That will be facilitated by release of a regulatory impact statement, which will be available from this website. 

Who should I talk to?

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