22Health Complaints Commissioner may issue, approve or vary guidelines

22 Health Complaints Commissioner may issue, approve or vary guidelines S. 22(1) amended by No. 22/2016 s. 182(a). (1) For the purposes of HPP 1.1(e)(iii), HPP 1.1(f), HPP 2.2(e), HPP 2.2(f)(vi), HPP 2.2(g)(iii), HPP 2.2(h), HPP 2.5(g), HPP 6.1(a), HPP 6.1(b) and HPP 10.2, the Health Complaints Commissioner may, by notice published in the Government Gazette— (a) issue guidelines; or (b) approve, in whole or in part and with or without modification, guidelines that are prepared or issued by a public sector agency or any other person or body; or S. 22(1)(c) amended by No. 22/2016 s. 182(b). (c) vary any guidelines as issued or approved by the Health Complaints Commissioner. S. 22(1A) inserted by No. 39/2022 s. 830(1). (1A) The Health Complaints Commissioner, by notice published in the Government Gazette, may issue and vary guidelines in relation to the operation of section 16 and HPP 6.5 for the purposes of providing guidance— (a) to a person— (i) who intends to make a health information statement in respect of the health information held about the person by a mental health and wellbeing service provider; and (ii) in relation to accessing the health information held by a mental health and wellbeing service provider in respect of the person; and (b) to a mental health and wellbeing service provider in respect of the recording of any health information statement made by a person in relation to the health information held by the provider about the person. See also Part 17.2 of the **Mental Health and Wellbeing Act 2022**. S. 22(2) amended by Nos 22/2016 s. 182(c), 39/2022 s. 830(2). (2) Before exercising a power conferred by subsection (1) or (1A), the Health Complaints Commissioner must cause a notice of intention to issue, approve or vary guidelines to be published— (a) in the Government Gazette; and (b) in a newspaper circulating generally in Victoria. (3) A notice under subsection (2) must— (a) state where copies of the guidelines (as proposed to be issued, approved or varied) can be obtained; and S. 22(3)(b) amended by No. 22/2016 s. 182(d). (b) specify a period of not less than 28 days after the date of the notice for making submissions to the Health Complaints Commissioner on them. S. 22(4) amended by Nos 22/2016 s. 182(e), 39/2022 s. 830(2). (4) After considering any submissions received, the Health Complaints Commissioner may proceed under subsection (1) or (1A), as proposed or with any amendments that the Health Complaints Commissioner considers appropriate. S. 22(5) amended by Nos 22/2016 s. 182(f), 39/2022 s. 830(2). (5) For the purposes of subsection (1) or (1A), the Health Complaints Commissioner may only issue, approve or vary guidelines that would have the effect of lessening the level of privacy protection afforded by the relevant Health Privacy Principle if he or she is satisfied that the public interest to be protected by the guidelines, or the guidelines as varied, substantially outweighs the public interest in maintaining that level of privacy protection. (6) The guidelines may apply, adopt or incorporate any matter contained in any document, whether— (a) wholly or partially or as amended by the guidelines; or (b) as in force at the time the guidelines are made or at any time before then; or (c) as in force from time to time. (7) The guidelines— (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstances. S. 23 amended by No. 22/2016 s. 183.