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Survey Answer:

The State and Territory health record laws are regulated by:
• New South Wales – Information and Privacy Commission;
• Victorian – Office of the Health Services Commissioner; and
• ACT – the Health Services Commissioner.
The investigatory and enforcement powers of each regulator differs slightly. However, in general each of the State and Territory regulators has broad investigatory powers and can, where relevant to an investigation, require any person or organization to provide information or documents.
In Victoria, the Office of the Health Services Commissioner can issue a mandatory compliance notice requiring an organization to take specified action within a specified period for the purpose of ensuring compliance with this the Health Records Act 2001 (Vic). It is an offence for an organization to fail to comply with a compliance notice. The Commissioner can also issue prohibition orders preventing an organization from providing certain health services.
The Australian Prudential Standards are regulated by the Australian Prudential Regulatory Authority (APRA). APRA has broad investigatory and enforcement powers which include the power to:
• undertake a formal investigation into the affairs of an institution;
• impose conditions on an institution’s licence or issue directions related to particular matters;
• appoint a statutory manager, judicial manager or replacement trustee to manage an institution’s affairs;
• accept enforceable undertakings;
• take criminal action against persons or institutions; or
• seek restraining orders.

Provided By:
Phil Catania: Corrs Chambers Westgarth