Statutory rights

Michos v Eastbrooke Medical [2019] VSC 131

Con Michos tried to exercise his statutory right to access a medical report about him10, but was required by the clinic first to see a doctor.  After telling the clinic he had accessed the report another way, the clinic cancelled his appointment.  Despite this, Michos continued to assert his right to access. 

The clinic said the request had been impliedly withdrawn and lapsed, and the court agreed.  Withdrawal of a right which ‘plainly exists for the sole benefit of the person concerned’ was implied by cancelling.  The principle for which this case stands (at [50]) is that statutory rights provided solely for individual benefit can be waived11

This case is from Episode 47 of interpretationNOW!


10 ss 33 & 34 of the Health Records Act 2001 (Vic).

11 McGrouther [2015] FCAFC 34 (at [4, 23]), Pearce & Geddes (at [11.28]).