10Principle 10—Transfer or closure of the practice of a health service provider

10 Principle 10—Transfer or closure of the practice of a health service provider 10.1 This Principle applies if the practice or business of a health service provider (***the provider***) is to be— (a) sold or otherwise transferred and the provider will not be providing health services in the new practice or business; or (b) closed down. 10.2 The provider or, if the provider is deceased, the legal representatives of the provider, must— (a) publish a notice in a newspaper circulating in the locality of the practice or business stating— (i) that the practice or business has been, or is about to be, sold, transferred or closed down, as the case may be; and (ii) the manner in which the provider proposes to deal with the health information held by the practice or business about individuals who have received health services from the provider, including whether the provider proposes to retain the information or make it available for transfer to those individuals or their health service providers; and Sch. 1 cl. 10.2(b) amended by No. 22/2016 s. 232(l). (b) take any other steps to notify individuals who have received a health service from the provider in accordance with guidelines issued or approved by the Health Complaints Commissioner under section 22 for the purposes of this paragraph. 10.3 Not earlier than 21 days after giving notice in accordance with HPP 10.2, the person giving the notice must, in relation to health information about an individual held by, or on behalf of, the practice or business, elect to retain that information or transfer it to— (a) the health service provider, if any, who takes over the practice or business; or (b) the individual or a health service provider nominated by him or her. 10.4 A person who elects to retain health information must continue to hold it or transfer it to a competent organisation for safe storage in Victoria, until the time, if any, when the health information is destroyed in accordance with HPP 4. 10.5 Subject to HPP 10.2, a person must comply with the requirements of this Principle as soon as practicable. 10.6 Despite any other provision of the Health Privacy Principles, a person who transfers health information in accordance with this Principle does not, by so doing, contravene the Health Privacy Principles. 10.7 If— (a) an individual, in response to a notice published under HPP 10.2, requests that health information be transferred to him or her or to a health service provider nominated by him or her; and (b) the person who published the notice elects to retain the health information— the request must be taken to be— (c) in the case of a request that the health information be transferred to him or her, a request for access to that health information in accordance with Part 5 or HPP 6; and (d) in the case of a request that the health information be transferred to a health service provider nominated by him or her, a request for the transfer of that health information in accordance with HPP 11— and it must be dealt with in accordance with this Act. 10.8 This Principle operates subject to any other law, including the **Public Records Act 1973**. 10.9 For the purposes of HPP 10.1(a), a business or practice of a provider is transferred if— (a) it is amalgamated with another organisation; and (b) the successor organisation which is the result of the amalgamation is a private sector organisation. 11 Principle 11—Making information available to another health service provider 11.1 If an individual— (a) requests a health service provider to make health information relating to the individual held by the provider available to another health service provider; or (b) authorises another health service provider to request a health service provider to make health information relating to the individual held by that provider available to the requesting health service provider— a health service provider to whom the request is made and who holds health information about the individual must, on payment of a fee not exceeding the prescribed maximum fee and subject to the regulations, provide a copy or written summary of that health information to that other health service provider. 11.2 A health service provider must comply with the requirements of this Principle as soon as practicable. 11.3 Nothing in Part 5 or HPP 6 limits the operation of this Principle. 11.4 For the purposes of HPP 10.7, this Principle applies to a legal representative of a deceased health service provider in the same way that it applies to a health service provider. Endnotes 1 General information See [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. *Minister's second reading speech—* *Legislative Assembly: 23 November 2000* *Legislative Council: 22 March 2001* The long title for the Bill for this Act was "A Bill to establish a regime for the protection of health information held by health service providers and other organisations, to create an enforceable right of access to health information, to establish privacy standards for health information, to amend the **Parliamentary Committees Act 1968**, the **Ombudsman Act 1973**, the **Freedom of Information Act 1982**, the **Health Services (Conciliation and Review) Act 1987**, the **Subordinate Legislation Act 1994** and certain other Acts and for other purposes." **Constitution Act 1975:** *Section 85(5) statement:* *Legislative Assembly: 23 November 2000* *Legislative Council: 22 March 2001* *Absolute majorities:* *Legislative Assembly: 20 March 2001* *Legislative Council: 3 April 2001* The **Health Records Act 2001** was assented to on 10 April 2001 and came into operation as follows: Ss 1–6, 22–24, 84, 87(a)(b)(k)(m)–(o)(q)(r), 88–91, 94, 100, 105(c)–(e)(i)(f)–(k)(n), 107(b)(c), 111(2)(a)(3)(5) on 16 November 2001: Government Gazette 15 November 2001 page 2839; ss 7, 8, 13–17, 19, 85, 86(2)–(5), 93, 95–99, 103(1)(2)(b), 109, 111(1), Schedule 1 on 1 March 2002: Government Gazette 28 February 2002 page 318; rest of Act on 1 July 2002: section 2(2). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act 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. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Health Records Act 2001** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Statute Law Amendment (Relationships) Act 2001, No. 27/2001** | Assent Date: | 12.6.01 | | Commencement Date: | S. 6(Sch. 4 item 4) on 28.6.01: Government Gazette 28.6.01 p. 1428 | **Health Practitioner Acts (Further Amendments) Act 2002, No. 14/2002** | Assent Date: | 7.5.02 | | Commencement Date: | Ss 48, 49 on 8.5.02: s. 2(1) | **Australian Crime Commission (State Provisions) Act 2003, No. 52/2003** | Assent Date: | 16.6.03 | | Commencement Date: | S. 52(Sch. 1 item 5) on 17.6.03: s. 2(1) | **Health Legislation (Further Amendment) Act 2003, No. 98/2003** | Assent Date: | 2.12.03 | | Commencement Date: | S. 12 on 3.12.03: s. 2(1) | **Parliamentary Committees Act 2003, No. 110/2003** | Assent Date: | 9.12.03 | | Commencement Date: | S. 57 on 10.12.03: s. 2 | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 95) on 5.4.05: Government Gazette 31.3.05 p. 602 | **Legal Profession (Consequential Amendments) Act 2005, No. 18/2005** | Assent Date: | 24.5.05 | | Commencement Date: | S. 18(Sch. 1 item 48) on 12.12.05: Government Gazette 1.12.05 p. 2781 | **Health Professions Registration Act 2005, No. 97/2005** | Assent Date: | 7.12.05 | | Commencement Date: | S. 182(Sch. 4 item 26) on 1.7.07: s. 2(3) | **Disability Act 2006, No. 23/2006** | Assent Date: | 16.5.06 | | Commencement Date: | S. 241 on 1.7.07: s. 2(3) | **Statute Law Revision Act 2007, No. 28/2007** | Assent Date: | 26.6.07 | | Commencement Date: | S. 3(Sch. item 30) on 27.6.07: s. 2(1) | **Relationships Act 2008, No. 12/2008** | Assent Date: | 15.4.08 | | Commencement Date: | S. 73(1)(Sch. 1 item 29) on 1.12.08: s. 2(2) | **Family Violence Protection Act 2008, No. 52/2008** | Assent Date: | 23.9.08 | | Commencement Date: | S. 250 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 | **Stalking Intervention Orders Act 2008, No. 68/2008** | Assent Date: | 18.11.08 | | Commencement Date: | S. 77 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 | **Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 54(Sch. Pt 1 item 29) on 1.1.10: s. 2(2) | **Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010** | Assent Date: | 30.3.10 | | Commencement Date: | S. 51(Sch. item 28) on 1.7.10: s. 2(2) | **Personal Safety Intervention Orders Act 2010, No. 53/2010** | Assent Date: | 7.9.10 | | Commencement Date: | S. 221(Sch. item 6) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 | **Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, No. 6/2012** | Assent Date: | 6.3.12 | | Commencement Date: | Ss 36–38 on 1.12.12: s. 2(2) | **Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012** | Assent Date: | 18.12.12 | | Commencement Date: | S. 289 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** | Assent Date: | 25.3.14 | | Commencement Date: | S. 160(Sch. 2 item 47) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | *Assent Date:* | 3.6.14 | | *Commencement Date:* | S. 10(Sch. item 77) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | **Powers of Attorney Act 2014, No. 57/2014** | Assent Date: | 26.8.14 | | Commencement Date: | S. 153 on 1.9.15: s. 2(2) | **Privacy and Data Protection Act 2014, No. 60/2014** | Assent Date: | 2.9.14 | | Commencement Date: | S. 140(Sch. 3 item 25) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 | **Inquiries Act 2014, No. 67/2014** | Assent Date: | 23.9.14 | | Commencement Date: | S. 147(Sch. 2 item 19) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 | **Access to Medicinal Cannabis Act 2016, No. 20/2016** | *Assent Date:* | 26.4.16 | | *Commencement Date:* | S. 147 on 14.9.16: Special Gazette (No. 284) 13.9.16 p. 1 | **Health Complaints Act 2016, No. 22/2016** | Assent Date: | 3.5.16 | | Commencement Date: | Ss 178–232 on 1.2.17: s. 2(2) | **Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016** | *Assent Date:* | 31.5.16 | | *Commencement Date:* | S. 81 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1 | **National Domestic Violence Order Scheme Act 2016, No. 53/2016** | Assent Date: | 18.10.16 | | Commencement Date: | S. 102 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 | **Medical Treatment Planning and Decisions Act 2016, No. 69/2016** | Assent Date: | 29.11.16 | | Commencement Date: | S. 157 on 12.3.18: s. 2(2) | **Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017** | Assent Date: | 16.5.17 | | Commencement Date: | S. 134(Sch. 1 item 10) on 1.9.17: s. 2(3) | **Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017** | *Assent Date:* | 14.6.17 | | *Commencement Date:* | Ss 18, 19 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 | **Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017** | Assent Date: | 8.11.17 | | Commencement Date: | S. 49 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1 | **Voluntary Assisted Dying Act 2017, No. 61/2017** | Assent Date: | 5.12.17 | | Commencement Date: | S. 139 on 19.6.19: s. 2(2) | **Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018** | *Assent Date:* | 10.4.18 | | *Commencement Date:* | S. 42 on 11.4.18: Special Gazette (No. 164) 10.4.18 p. 1; s. 30 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1 | **Serious Offenders Act 2018, No. 27/2018** | Assent Date: | 26.6.18 | | Commencement Date: | S. 360 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 | **Guardianship and Administration Act 2019, No. 13/2019** | Assent Date: | 4.6.19 | | Commencement Date: | S. 221(Sch. 1 item 19) on 1.3.20: s. 2(2) | **Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019** | Assent Date: | 25.6.19 | | Commencement Date: | S. 264 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 | **Health Legislation Amendment and Repeal Act 2019, No. 34/2019** | Assent Date: | 22.10.19 | | Commencement Date: | S. 49 on 23.10.19: s. 2(1); s. 86 on 27.8.20: s. 2(3) | **Local Government Act 2020, No. 9/2020** | Assent Date: | 24.3.20 | | Commencement Date: | S. 390(Sch. 1 item 51) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 | **Terrorism (Community Protection) Amendment Act 2021, No. 47/2021** | Assent Date: | 3.11.21 | | Commencement Date: | S. 26 on 2.9.22: s. 2(3) | **Mental Health and Wellbeing Act 2022, No. 39/2022** (as amended by No. 20/2023) | Assent Date: | 6.9.22 | | Commencement Date: | Ss 829−831 on 1.9.23: s. 2(2) | **Health Legislation Amendment (Information Sharing) Act 2023, No. 4/2023** | Assent Date: | 28.3.23 | | Commencement Date: | S. 5 on 7.2.24: s. 2(2) | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. S. 25(1): Section 5 defines what is meant by this expression. [↑](#endnote-ref-1) 2. S. 26: See also Division 3 of Part 5 and HPP 6.3. [↑](#endnote-ref-2) 3. S. 27: HPP 1.7 relates to the collection of information given in confidence. [↑](#endnote-ref-3) 4. S. 45(1): Section 18 defines what is meant by this expression. [↑](#endnote-ref-4) 5. S. 64(1): Section 18 defines what is meant by this expression. [↑](#endnote-ref-5) 6. S. 96: See also HPP 6.1(c). [↑](#endnote-ref-6) 7. Sch. 1 HPP 1.5: See HPP 1.7 and also section 27. [↑](#endnote-ref-7) 8. Sch. 1 HPP 1.7: See also section 27. [↑](#endnote-ref-8) 9. Sch. 1 HPP 2: See also HPP 9 for requirements relating to the transfer of health information to a person who is outside Victoria. [↑](#endnote-ref-9) 10. Sch. 1 HPP 2.2: A use or disclosure may be permitted under more than one paragraph of HPP 2.2. [↑](#endnote-ref-10) 11. Sch. 1 HPP 2.2(i): For the purposes of this paragraph, the term "breach of confidence" relates to the general law of confidence (including but not limited to the common law or in equity), which requires, amongst other things, that a duty of confidence exists under that law which is not, in the particular circumstances, outweighed by any countervailing public interest under that law. [↑](#endnote-ref-11) 12. Sch. 1 HPP 2.2(j): See note 11. [↑](#endnote-ref-12) 13. Sch. 1 HPP 6: See section 34(3) for access to health information, only part of which is claimed to fall within HPP 6.1 or HPP 6.2. [↑](#endnote-ref-13) 14. Sch. 1 HPP 6.1(c): See also section 96. [↑](#endnote-ref-14) 15. Sch. 1 HPP 6.5: See HPP 4.2 and HPP 4.3 for deletion or destruction of health information. [↑](#endnote-ref-15) 16. Sch. 1 HPP 6.10: See section 35 regarding refusal of access. [↑](#endnote-ref-16)