Health Records Act information sheets
Information sheets are advisory only and do not constitute legal advice nor are they law.
They are intended to help organisations apply the HPPs in everyday or practical circumstances. Organisations may need to seek separate legal advice on the application of the Health Records Act to a particular situation.
Nothing in an information sheet limits the Health Services
Commissioner’s powers to investigate complaints under the Act
or to apply the HPPs in the way that seems most appropriate to
the facts of any case being dealt with.
Info sheet 1 - Use and Disclosure of Health Information
Holders of health information need to be aware of appropriate use and disclosure of health information in accordance with Health Privacy Principle (HPP) 2.
Info sheet 2 - Unlawful Activity and Law Enforcement
The Health Privacy Principles (HPPs) do not require an organisation to disclose health information about an individual unless they have a legal obligation under another law. However, there are circumstances where they are able to do so.
Info sheet 3 - Transfer/closure of a Practice or Business of a Health Service Provider
The intent of Health Privacy Principle (HPP) 10 is to encourage individuals to apply for their health information while it is still readily available so they can provide their new or current treating practitioner with their existing health information. HPP 10 only applies to health service providers.
Info sheet 4 - Employment Related Health Information
The Health Records Act 2001 (Vic) (HRA) applies to any health information relating to employees in Victoria, including past, current and prospective employees, wherever that information is held.
Info sheet 5 - Minors, Privacy Laws & Consent
Children have the right to privacy of their health information and to make their own decisions regarding their privacy where they are competent to do so. Parents and guardians do not have automatic access to all health information relating to a child in their care.
Info sheet 6 - Refusal of Access on Ground of Threat to Life or Health of the Individual requesting Access
Individuals refused access to health information about them, on the grounds it would pose a serious threat to the life or health of the individual, have the right to nominate a health service provider (HSP) to provide a second opinion. If access is refused because of a serious threat to the life or health of any other person then access must not be given and the right to obtain a second opinion does not apply.
Info sheet 7 - 'Screening' the health information of individuals to obtain consent to participate in research
This information sheet is being reviewed and organisations are advised to contact the office if they intend to screen health information for research purposes.
Last updated: 12 April, 2006
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