{"id":"sr:health-records-regulations-2023","name":"Health Records Regulations 2023","slug":"health-records-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183786,"registerId":"vic-sr:health-records-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Records Regulations 2023","content":"Version No. 001\n\n**Health Records Regulations 2023**\n\n**S.R. No. 85/2023**\n\nVersion as at  \n18 August 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Revocation 2\n\n5 Definition 2\n\n6 Maximum fee for granting an individual access to health information 2\n\n7 Maximum fee for nominated health service provider performing functions 2\n\n8 Maximum fee for making health information available to another health service provider 3\n\n9 Prescribed circumstances for collection of health information 3\n\n10 GST payable 4\n\nSchedule 1—Maximum fee for granting an individual access to health information 5\n\nSchedule 2—Maximum fee for making health information available to another health service provider 8\n\n═════════════\n\nEndnotes 9\n\n1 General information 9\n\n2 Table of Amendments 11\n\n3 Explanatory details 12\n\n**Version No.** **001**\n\n**Health Records Regulations 2023**\n\n**S.R. No. 85/2023**\n\nVersion as at  \n18 August 2023\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe the maximum fees that may be charged by an organisation when providing individuals with access to health information under Part 5 of the **Health Records Act 2001** and HPP 6 and HPP 11 of that Act; and\n\n(b) to prescribe the maximum fees that may be charged by a nominated health service provider when performing functions set out in section 42 of the **Health Records Act 2001**; and\n\n(c) to ensure the fees referred to in paragraphs (a) and (b) are prescribed in a manner that—\n\n(i) ensures that any fee charged does not unfairly preclude an individual from requesting access to health information; and\n\n(ii) allows reasonable cost recovery for organisations; and\n\n(iii) recognises current practice regarding the transfer of health information between health service providers at the request of an individual for the purpose of continuity of care; and\n\n(d) to prescribe the circumstances in which an organisation may collect health information about an individual under HPP 1.1(i) of the **Health Records Act 2001**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 100 of the **Health Records Act 2001**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 18 August 2023.\n\n\t4 Revocation\n\nThe Health Records Regulations 2012[[1]](#endnote-1) are **revoked**.\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Health Records Act 2001**.\n\n\t6 Maximum fee for granting an individual access to health information\n\nFor the purposes of section 32 of the Act, the prescribed maximum fee for providing access to health information in a manner specified in column 2 of Schedule 1 is the fee set out in the corresponding entry of column 3 of Schedule 1.\n\n\t7 Maximum fee for nominated health service provider performing functions\n\nFor the purposes of section 42(3) of the Act, the prescribed maximum fee for performing the functions set out in section 42(1) of the Act is the reasonable cost incurred by the nominated health service provider in performing those functions, not exceeding the lesser of—\n\n(a) 4·7 fee units per quarter hour or part of a quarter hour spent performing those functions; or\n\n(b) 23·6 fee units.\n\n\t8 Maximum fee for making health information available to another health service provider\n\nFor the purposes of HPP 11.1, the prescribed maximum fee for making health information available to a health service provider in a manner specified in column 2 of Schedule 2 is the fee set out in the corresponding entry of column 3 of Schedule 2.\n\n\t9 Prescribed circumstances for collection of health information\n\n(1) For the purposes of HPP 1.1(i), the prescribed circumstances for the collection of health information by an organisation are—\n\n(a) the collection is by a health service provider; and\n\n(b) the information is about an individual (whether living or deceased); and\n\n(c) the information is collected from—\n\n(i) a person to whom a health service is being provided; or\n\n(ii) an authorised representative, an immediate family member or the primary carer of a person to whom a health service is being provided, if the person is incapable of providing the information; and\n\n(d) the information does not contain any more identifying information about the individual referred to in paragraph (b) than is reasonably necessary to ensure that health services are provided safely and effectively to the person referred to in paragraph (c)(i) or (c)(ii).\n\n(2) For the purposes of subregulation (1), a person is incapable of providing the information if the person is incapable by reason of age, injury, disease, senility, illness, disability, physical impairment or mental disorder.\n\n(3) Information collected in accordance with subregulation (1) is exempt health information for the purposes of HPP 1.5.\n\n(4) In this regulation—\n\n***authorised representative*** has the same meaning as in section 85(6) of the Act;\n\n***primary carer*** means any person who is primarily responsible for providing support or care to a person.\n\n\t10 GST payable\n\n(1) A maximum fee prescribed by these Regulations may be increased by an amount not exceeding the amount of GST payable on the supply to which the fee relates.\n\n(2) In this regulation—\n\n***GST*** has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payment may be made under Part 3 of the **National Taxation Reform (Consequential Provisions) Act 2000** by a person that is a State entity within the meaning of that Act.\n\nSchedule 1—Maximum fee for granting an individual access to health information\n\nRegulation 6\n\n- *Item No.* *Manner of access under\nPart 5 of the Act* *Maximum fee*\n- 1 Inspecting health information or printout of health information stored in electronic form, with opportunity to take notes of contents The total of the following amounts— (a) 1·2 fee units per half hour (to be calculated in increments of quarter hours or parts thereof) in respect of supervision time of inspection; and (b) the organisation's reasonable costs incurred in assessing and collating the health information, not exceeding 2·5 fee units; and (c) if it is necessary to use equipment that is not in the organisation's possession to inspect the health information, the organisation's reasonable costs incurred in obtaining the equipment; and (d) if the health information is contained in a document not stored at the organisation's usual place of business, 1·2 fee units.\n- 2 Viewing health information, with no explanation of contents The total of the following amounts— (a) 1·2 fee units per half hour (to be calculated in increments of quarter hours or parts thereof) in respect of supervision time of inspection; and (b) the organisation's reasonable costs incurred in assessing and collating the health information, not exceeding 2·5 fee units; and\n- *Item No.* *Manner of access under\nPart 5 of the Act* *Maximum fee*\n- (c) if it is necessary to use equipment that is not in the organisation's possession to inspect the health information, the organisation's reasonable costs incurred in obtaining the equipment; and (d) if the health information is contained in a document not stored at the organisation's usual place of business, 1·2 fee units.\n- **Note:** Section 32(4) of the Act provides that a person who gives an explanation of health information under section 29(1)(d) of the Act may charge a fee for the service that does not exceed the amount of the person's usual fee for a consultation of a comparable duration.\n- 3 Receiving a copy of health information The total of the following amounts— (a) if a copy is in the form of black and white A4 pages, 20 cents per page; and (b) if a copy is in a form other than a black and white A4 page, the organisation's reasonable costs incurred in providing the copy; and (c) the organisation's reasonable costs incurred in assessing and collating the health information, not exceeding 2·5 fee units; and (d) if the health information is contained in a document not stored at the organisation's usual place of business, 1·2 fee units; and(d) (e) if the person requests the copies to be posted, the actual postage costs incurred by the organisation.\n- *Item No.* *Manner of access under\nPart 5 of the Act* *Maximum fee*\n- 4 Receiving an accurate summary of health information The total of the following amounts— (a) if the organisation is a health service provider and an accurate summary does not exist before the request is made, an amount (not exceeding 9·4 fee units) that is calculated by reference to the time taken to prepare the accurate summary— (i) based on the usual fee of the health service provider for a consultation of a comparable duration; or (ii) at the rate of 2·9 fee units per quarter hour (or part of a quarter hour)—whichever is the greater; and (b) if the organisation is not a health service provider and an accurate summary does not exist before the request is made, the organisation's reasonable costs incurred calculated by reference to the time taken to prepare the accurate summary, not exceeding the lesser of— (i) 2·9 fee units per quarter hour (or part of a quarter hour); or (ii) 9·4 fee units; and (c) if the health information is contained in a document not stored at the organisation's usual place of business, 1·2 fee units; and(b) (d) if the person requests the summary to be posted, the actual postage costs incurred by the organisation.\n\n\nSchedule 2—Maximum fee for making health information available to another health service provider\n\nRegulation 8\n\n| *Item No.* | *Manner of access under   HPP 11.1* | *Maximum fee* |\n| --- | --- | --- |\n| 1 | Provision by a health service provider of a copy of health information to another health service provider | If the copy—<br>(a) consists of at least 20 black and white A4 pages, 20 cents per page; or<br> (b) is in a form other than a black and white A4 page, the health service provider's reasonable costs incurred in providing the copy. |\n| 2 | Provision by a health service provider of an accurate summary of health information to another health service provider | If an accurate summary does not exist before the request is made, and it takes the health service provider at least a quarter of an hour to prepare an accurate summary, an amount (not exceeding 9·4 fee units) that is calculated by reference to the time taken to prepare the accurate summary—<br> (a) at the rate of 2·9 fee units per quarter hour (or part of a quarter hour); or<br> (b) based on the usual fee of the health service provider for a consultation of a comparable duration—<br>whichever is the greater. |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Health Records Regulations 2023, S.R. No. 85/2023 were made on 15 August 2023 by the Governor in Council under section 100 of the **Health Records Act 2001**, No. 2/2001 and came into operation on 18 August 2023: regulation 3.\n\nThe Health Records Regulations 2023 will sunset 10 years after the day of making on 15 August 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Health Records Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 87/2012 as extended in operation by S.R. No. 65/2022.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content is present in the provided document to determine whether the scope of this regulation changed from its original intent. The document contains only version history metadata and no substantive regulatory provisions."},"complexity_factors":["Document appears to be a metadata/index shell only — substantive regulatory content is absent","Cannot assess true complexity without the actual regulatory text","Health records law generally involves interaction between primary Act and multiple regulations, which can be complex","Score of 2 reflects the minimal content available, not the likely complexity of the full instrument"],"plain_english_summary":"This statutory rule (Victorian SR No. 85/2023) relates to the Health Records Act 2001 and appears intended to set procedural or technical details—fees, forms, timeframes or exemptions—governing collection, use, storage and disclosure of health information. It would affect anyone with Victorian-held health records (patients, providers, insurers), but the published file lacks the actual regulatory text, so the specific obligations and rights cannot be determined from this document alone."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulations maintain the same functional scope—prescribing maximum fees for access and transfer of health information and prescribing circumstances for collection under HPP 1.1(i)—while updating fee schedules, calculation methods and caps and revoking the 2012 Regulations (regs 1,4,6–9; Schedules 1–2). They do not create new powers beyond those conferred by s.100 of the Health Records Act 2001 (reg 2)."},"complexity_factors":["Multiple fee-setting mechanisms: fixed per-page rates, time-based rates (per quarter or half hour), fee-unit caps and lump-sum caps across Schedules 1 and 2 (regs 6–8; Schedules 1–2).","Use of 'reasonable costs' as a pricing element creates case-by-case discretion and evidentiary burden for organisations to calculate and justify fees (Schedules 1 and 2).","Interplay with the Health Records Act 2001 (Part 5, HPPs, ss.32 and 42): these Regulations operate by reference to statutory provisions rather than standalone rules, requiring cross-referencing for compliance (regs 6–9).","Annual variability via fee units: fees are expressed in fee units whose monetary value is fixed yearly under the Monetary Units Act, so amounts change over time and need administrative updating (Explanatory details).","Prescribed procedural details (supervision time, equipment costs, offsite storage, postage) increase operational steps for providers to calculate fees (Schedule 1).","GST treatment allows addition of GST or notional GST, adding tax-compliance complexity (reg 10).","Definitions and exemptions (authorised representative, primary carer, exempt health information under HPP 1.5) require factual assessments about capacity and relationship before collection or charging (reg 9).","Revocation of prior regulations may create transitional or interpretation tasks for organisations accustomed to the 2012 regime (reg 4; Endnotes)."],"plain_english_summary":"These Regulations set the maximum fees organisations and nominated health service providers may charge for individuals to access health records and for transferring records between providers, and they prescribe when an organisation may collect health information under HPP 1.1(i). The instrument says its aim is to avoid unfairly precluding requests while allowing reasonable cost recovery, permits GST to be added to fees, and replaces the 2012 Regulations; it affects individuals seeking records and the organisations that hold or transfer them."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing maximum fees for health record access and transfer, and specifying collection circumstances. The 2023 version replaces the 2012 regulations but maintains the same substantive scope—updating fee unit values and minor structural elements without expanding into new policy areas."},"complexity_factors":["Fee unit calculations requiring multiplication against a variable dollar value ($15.90 for 2023-24) that changes annually by Treasurer determination","Multiple nested calculation methods for the same service (e.g., summary preparation uses 'greater of' two different calculation bases: per-quarter-hour rate OR usual consultation fee)","Conditional fee structures with multiple additive components (supervision time + collation costs + equipment costs + off-site retrieval + postage)","Cross-references to external legislation: Health Records Act 2001 (HPPs 1.1, 6, 11; sections 29, 32, 42, 85, 100), Monetary Units Act 2004, GST Act 1999, National Taxation Reform Act 2000, Subordinate Legislation Act 1994","Defined terms with external references ('authorised representative' imports meaning from section 85(6) of parent Act; 'GST' imports Commonwealth definition with Victorian modification)","Dual schedules with tabular fee structures requiring horizontal reading across columns","Incapacity definition with 7 alternative conditions (age, injury, disease, senility, illness, disability, physical impairment, mental disorder)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for how much Victorian health organisations can charge people for accessing their own medical records, and how much they can charge for transferring records between doctors.\n\n**Who it affects:**\n\n- **Patients** – anyone wanting to see, copy, or get a summary of their health records\n- **Health service providers** – doctors, hospitals, clinics, and other organisations that hold health information\n- **Nominated health service providers** – specialists appointed to handle complex access requests under the Health Records Act 2001\n\n**Key things it covers:**\n\n- **Fees for personal access:** Caps what organisations can charge when you want to inspect, view, copy, or get a summary of your own records. Fees are calculated using \"fee units\" (a dollar amount set by the government each year—currently $15.90 per unit). For example:\n  - Photocopying: 20 cents per black-and-white A4 page\n  - Supervised inspection: 1.2 fee units per half hour\n  - Preparing a summary: up to 9.4 fee units maximum\n\n- **Fees for transferring records:** Sets limits on what doctors can charge when sending your records to another doctor for continuity of care. Generally 20 cents per page for large documents, or reasonable costs for other formats.\n\n- **Nominated provider fees:** Caps charges for specialists who handle complicated access requests—maximum of 4.7 fee units per 15 minutes, or 23.6 fee units total.\n\n- **GST:** Allows organisations to add GST on top of these maximum fees.\n\n- **Collection rules:** Specifies when health providers can collect information from family members or carers instead of the patient (when the patient is incapable due to age, illness, disability, etc.).\n\n**Why it matters:**\n\nThese rules balance two things: making sure you can afford to access your own medical history (so fees don't block you), while letting organisations recover reasonable costs for staff time, photocopying, and preparation. Without these caps, some providers might charge excessive amounts that could prevent people from getting important health information."}},"importantCases":[],"_links":{"self":"/api/acts/health-records-regulations-2023","history":"/api/acts/health-records-regulations-2023/history","analysis":"/api/acts/health-records-regulations-2023/analysis","conflicts":"/api/acts/health-records-regulations-2023/conflicts","importantCases":"/api/acts/health-records-regulations-2023/important-cases","documents":"/api/acts/health-records-regulations-2023/documents"}}