87Functions of Health Complaints Commissioner

87 Functions of Health Complaints Commissioner

The functions of the Health Complaints Commissioner under this Act are—

(a) to promote an understanding and acceptance of the Health Privacy Principles and of the objects of those Principles;

(b) in accordance with Part 4, to issue, approve or vary guidelines for the purposes of the Health Privacy Principles;

(c) to publish model terms capable of being adopted by an organisation in a contract or arrangement with a recipient of health information being transferred by the organisation outside Victoria;

S. 87(d) amended by No. 22/2016 s. 225(b).

(d) subject to this Act, to receive complaints about an act or practice of an organisation—

(i) that may contravene a Health Privacy Principle; or

(ii) that may interfere with the privacy of an individual or may otherwise have an adverse effect on the privacy of an individual—

and, if the Health Complaints Commissioner considers it appropriate to do so, to endeavour, by conciliation, to effect a settlement of the matters that gave rise to the complaint;

(e) to investigate, conciliate and make rulings on complaints under this Act;

(f) to serve compliance notices on organisations;

(g) subject to approval from the Minister, to initiate inquiries into—

S. 87(g)(i) amended by No. 22/2016 s. 225(c).

(i) matters referred by the Health Complaints Commissioner Advisory Council; and

(ii) broader issues of health care arising out of complaints received under this Act;

(h) to conduct or commission audits of records of health information held by an organisation for the purpose of ascertaining whether the records are handled according to the Health Privacy Principles;

(i) to monitor and report on the adequacy of equipment and user safeguards;

(j) to undertake research into, and to monitor developments in, data processing and computer technology (including data matching and data linkage) to ensure that any adverse effects of such developments on personal privacy are minimised, and to report to the Minister the results of the research and monitoring;

S. 87(k) amended by No. 22/2016 s. 225(d).

(k) for the purpose of promoting the protection of personal privacy, to undertake educational programs on the Health Complaints Commissioner's own behalf or in co‑operation with other persons or bodies whose functions concern the protection of personal privacy;

S. 87(l) amended by No. 22/2016 s. 225(e).

(l) from time to time, in the public interest, to publish reports and recommendations relating generally to the Health Complaints Commissioner's functions under this Act or to any matter investigated by the Health Complaints Commissioner under this Act, whether or not the matters to be dealt with in any such report have been the subject of a report to the Minister;