Victoria · Health Records Act 2001

Victoria's Health Records Act, on a 45-day clock with no extension

For Victorian health service providers, private practices and other organisations holding health information — AccessPoint runs Part 5 access on the 45-day clock, HPP 6 correction within 30 days, the nominated-provider process for serious-threat refusals, and Health Complaints Commissioner complaints through to VCAT.

Australia — Victoria Health Records Act at a glance

Access deadline
45 days to give access, a fee notice or written reasons — a missed deadline is taken to be a refusal
Extensions
None — the Act has no extension provision for access requests
Fees
None for lodging; access fees optional and capped by the Health Records Regulations 2023
Correction
A decision within 30 days (HPP 6.9), with written reasons for any refusal
Breach duty
None in the Health Records Act
Review
Health Complaints Commissioner, then VCAT

Built for Australia — Victoria Health Records Act

One platform for the whole access-and-privacy mandate, pre-configured for this regime and running in your own Microsoft 365 tenant.

45 days, no extension

Within 45 days the organisation gives access, a fee notice or written reasons for refusal. Where a fee is charged, access is due 7 days after payment or 45 days after the request, whichever is later. AccessPoint computes both dates and records which one applied.

Only the fees the regulations allow

No fee for lodging a request, no obligation to charge at all, and no fee above the prescribed maximum for the manner of access. A mental health and wellbeing service provider cannot charge for access to information from that service. The fee categories reflect each rule.

Serious-threat refusals and nominated providers

Where access is refused because it would seriously threaten the individual's own life or health, they may nominate a health service provider within 21 days, and the organisation gives the information to the nominee within 14 days unless it objects. Each step is a dated stage on the case.

HPP 6 correction in 30 days

Decide a correction request within 30 days and give written reasons for any refusal. Where correction is refused, associate the individual's statement with the information; where it is made, record who made it and when, and notify the providers who relied on the earlier version.

FOI routing for the public sector

Where a document is held by an FOI Act agency, access and correction run under the FOI Act instead. The pack's guidance points those requests to the Victorian FOI configuration, while the other Health Privacy Principles still apply to the agency.

In your own tenant

Health information, requests and audit history stay inside your own Microsoft 365 and Azure tenant — no third-party cloud and no vendor access.

A clock that only runs one way

In Victoria, a health records request still open on day 46 has already been refused.

The Health Records Act gives an organisation 45 days to give access, issue a fee notice or give written reasons for refusing — and no power to take longer. If it misses the deadline, the Act treats access as refused, and the individual can take that refusal to the Health Complaints Commissioner. From there a complaint can be referred to VCAT, which can order access and correction and award compensation of up to $100,000. For a busy practice or hospital records team, the risk is rarely a hard decision; it is a request that sat in an inbox while copies were gathered. AccessPoint starts the clock on receipt, keeps the fee notice and the refusal reasons on the case, and gives the team one view of every request against its date.

45 days Computed on receipt over the Victorian public-holiday calendar.
No extension A deadline that cannot slip, tracked as one.
VCAT-ready The record a complaint or hearing re-examines.

Configured out of the box

Installing the au-vic-hra jurisdiction pack seeds your tenant with everything this regime needs. It is a starting point built from public information about the legislation, not legal advice — your legal counsel validates and adjusts it for your tenant.

Pack content last reviewed: 2026-10-20

Related guide: Business Days vs. Calendar Days: Deadline Math
  • The Health Records Act 2001 as the legal-authority spine, with the 11 Health Privacy Principles
  • Part 5 access on the 45-day clock over the Victorian public-holiday calendar, including the Friday before the AFL Grand Final
  • HPP 6 correction on its 30-day decision period
  • The access refusal grounds in ss.26 and 27 and HPP 6.1, colour-coded for redaction and citable line by line
  • Fee categories reflecting the Health Records Regulations 2023 maximums, with no lodgement fee and the mental health service exemption
  • The serious-threat refusal letter and the nominated health service provider process
  • Health Complaints Commissioner complaints and VCAT hearings, with the 60-day referral window
  • Letters for acknowledgement, a written request, fee notice, access, refusal and correction decisions
  • A playbook on transfers between providers, retention, practice closure and which breach-notification arrangements apply
A jurisdiction pack's detail panel in AccessPoint settings, showing the pack description, version, what's new, and the checklist of items it imports: legal authorities, calendars, request statuses, request types, extension reasons, requestor categories and consultation types Click to enlarge
What a pack looks like in Settings (the Ontario municipal pack shown): the description, the version and what changed in it, and every item it imports with its statutory basis. Anything you have customized is never overwritten on update.

Australia — Victoria Health Records Act Questions

Who does the Health Records Act apply to?

Victorian public sector organisations — among them Ministers, public sector agencies, councils, Victoria Police, courts and denominational and privately operated hospitals (s.10) — and private sector individuals, companies, partnerships, trusts and associations (s.11), wherever they provide health services or collect, hold or use health information. Commonwealth agencies are excluded.

How long do we have to respond to an access request?

45 days after receiving it. In that time the organisation gives access, gives written reasons for refusing, or — if it charges — gives a fee notice, with access then due 7 days after payment or 45 days after the request, whichever is later (s.34). There is no extension provision, and a missed deadline is taken to be a refusal (s.35).

Can we charge for access to health information?

You may, but you need not. No fee may be charged for lodging a request, and any fee for a manner of access must not exceed the maximum the Health Records Regulations 2023 prescribe for it (s.32). A mental health and wellbeing service provider must not charge a person for access to information held from providing that service to them.

Does the Act require us to notify data breaches?

No — the Health Records Act has no breach-notification duty. A private sector organisation that is an APP entity under the Privacy Act 1988 (Cth) notifies eligible data breaches under the Commonwealth Notifiable Data Breaches scheme — see Australia — Privacy (APPs). Victorian public sector organisations covered by the Victorian Protective Data Security Standards are expected to notify OVIC of information security incidents as soon as practical, and within 30 days. AccessPoint records every incident and the notification decision either way.

We are a Victorian public sector body. Which pack do we use?

If your organisation is an agency under the Freedom of Information Act 1982 (Vic), access to and correction of health information in its documents run under that Act (s.16) — use the Victoria FOI pack. The other Health Privacy Principles still apply to you, and privacy complaints about them go to the Health Complaints Commissioner, so an agency can install both packs.

Where does health information reside?

Entirely within your own Microsoft 365 and Azure tenant, in the Australian region you choose. Requests, records, decisions and audit history never leave your control — no third-party cloud and no cross-border data transfers.

Flat annual pricing, published in full. Every feature in every size — access requests, privacy impact assessments, breach response, complaints, video & audio redaction, the public portal, repository connectors, and AI Assist. No per-user or per-module fees.

  • Under 500 employees$2,990/yr
  • 500–1,999 employees$7,990/yr
  • 2,000–9,999 employees$14,990/yr
  • 10,000+ employees$29,990/yr

Run the Health Records Act in Your Own Tenant

Try AccessPoint free for 30 days, configured for Victorian health records. No credit card required.

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