VICIn ForceAct
Health Records Act 2001
31Organisation may require evidence of identity or authority
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31 Organisation may require evidence of identity or authority
Before giving a person access to health information, the organisation must take reasonable steps to be satisfied about that person's right to it and, for this purpose, may require evidence of—
(a) the person's identity; and
(b) if an individual has authorised the organisation to provide access to that person, the authority of the individual; and
(c) if the person seeking access is an authorised representative of the individual within the meaning of section 85(6) or the legal representative of a deceased individual, the authority of that person.
32 Fees
(1) An organisation is not required to charge a fee for providing access to health information under this Act.
(2) A fee may not be charged under this Act for providing a manner of access to health information (except under section 29(1)(d)) unless a maximum fee has been prescribed for that manner of access.
S. 32(2A) inserted by No. 39/2022 s. 831 (as amended by No. 20/2023 s. 49(13)).
(2A) Despite subsection (2), a mental health and wellbeing service provider must not charge a fee to a person for providing access to health information held by the mental health and wellbeing service provider in respect of that person if the information is held by the mental health and wellbeing service provider as a result of providing a mental health and wellbeing service to the person.
(3) An organisation must not charge a fee exceeding the prescribed maximum fee.
(4) A person who gives an explanation of health information to an individual under section 29(1)(d) 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.
(5) An organisation must not charge for the lodgment of a request for access.
Division 2—Request for access