44Provision of health services and keeping of health information—terms and conditions

44 Provision of health services and keeping of health information—terms and conditions (1) It is a term of a contract, whether oral or in writing, for the provision of a health service to an individual that the health service provider will allow the individual to have access, in accordance with this Act, to health information relating to the individual that relates to, or is made in consequence of the provision of, the service. (2) Subsection (1) applies to a contract, whether or not the individual is a party to the contract, made after the commencement of this section and— (a) the contract is made in Victoria; or (b) the contract has been, or is to be, performed wholly or partly in Victoria; or (c) the individual is present or resides in Victoria when the contract is made. (3) For the purposes of this section, it is immaterial whether— (a) the health service was provided in Victoria; or (b) the health information is kept or located in Victoria. (4) If a contract or other agreement purports to exclude, or is inconsistent with, a provision of this section, the contract or agreement is, to that extent, void. Part 6—Complaints Division 1—Making a complaint 45 Complaints S. 45(1) amended by No. 22/2016 s. 186(a). (1) An individual may complain to the Health Complaints Commissioner about an act or practice that may be an interference with the privacy of the individual[[4]](#endnote-4). (2) In the case of an act or practice that may be an interference with the privacy of a deceased individual, it is immaterial whether the act or practice occurred, or is alleged to have occurred, during the lifetime or after the death of the individual. (3) In the case of an act or practice that may be an interference with the privacy of 2 or more individuals, any one of those individuals may make a complaint under subsection (1) on behalf of all of the individuals with their consent. S. 45(4) amended by No. 22/2016 s. 186(b). (4) A complaint must be in writing and be lodged with the Health Complaints Commissioner by hand, facsimile or other electronic transmission or post. (5) A complainant may request that his or her complaint be expedited and give grounds for the request. S. 45(6) amended by No. 22/2016 s. 186(c). (6) It is the duty of the Health Complaints Commissioner to provide appropriate assistance to an individual who wishes to make a complaint and requires assistance to formulate the complaint. (7) The complaint must specify the respondent to the complaint. (8) If the organisation represents the Crown, the State shall be the respondent. (9) If the organisation does not represent the Crown and— (a) is a legal person, the organisation shall be the respondent; or (b) is an unincorporated body, the members of the committee of management of the organisation shall be the respondents. (10) A failure to comply with subsection (7) does not render the complaint, or any step taken in relation to it, a nullity. S. 46 (Heading) amended by No. 22/2016 s. 187. S. 46 amended by No. 22/2016 s. 188.