Requirements for The Retention of Laboratory Records and Diagnostic Material — 2007

Appendix 1 - State and territory legislation relating to the retention of laboratory records and diagnostic materials

Page last updated: 12 February 2008

This table is intended to assist laboratories by consolidating reference to various relevant legislations that may affect retention requirements. The references in this table, while extensive, are not intended to be exhaustive. In some cases, the relevant jurisdictional legislation may take precedence over these requirements in terms of mandating retention times different from those specified in these requirements. The content of the table was correct at the time of preparation; changes may be implemented by states and territories in the future that may affect the legislative requirements.

State Legislation
New South Wales Medical Practice Regulation 1998
Private Hospital Regulation 1996
Public Hospital Regulation 1996
State Records Act 1998
Circular 96/88 Retention of Medical Records
Human Tissue Act 1983
Queensland Queensland Health (Pathology Laboratory Records) Retention and Disposal Schedule
Coroner’s Act 2003
Transplantation and Anatomy Act 1979
Queensland Public Records Act 2002
Northern Territory There is no current relevant legislation in place specifically for pathology results and specimens. A general disposal schedule for medical records is currently in draft form.
Australian Capital Territory Health Records (Privacy and Access) Act 1997
Public Health Act 1997
Medical Practitioners Act 1930
Medical Treatment Act 1994
Health Act 1933
Victoria
Health Services Act 1988
Medical Practice Act 1994
Public Records Act 1973
South Australia Freedom of Information Act 1991
Health Act 1935
South Australian Health Commission Act 1976
State Record Act 1997
Transplantation and Anatomy Act 1983
Western Australia Patient Information Retention and Disposal Schedule v2 2000
State Records Act 2000
Tasmania Medical Practitioners Registration Act 1996
Anatomy Act 1964
Health Act 1997
Hospitals Act 1918
Human Tissue Act 1985
Public Health Act 1997