New South Wales Consolidated Acts

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HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002

- As at 1 July 2017
- Act 71 of 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Purpose and objects of Act
   4.      Definitions
   5.      Definition of “personal information”
   6.      Definition of “health information”
   7.      Capacity
   8.      Definition of “authorised representative”
   9.      What constitutes “holding” information
   10.     Unsolicited information not considered “collected”

   PART 2 - GENERAL OPERATION OF ACT

   11.     How this Act applies to organisations
   12.     Crown bound by Act
   13.     Courts, tribunals and Royal Commissions not affected
   14.     Exemption for personal, family or household affairs
   15.     News media
   16.     Group practices
   17.     Specific exemptions (ICAC, ICAC Inspector and Inspector’s staff, NSW Police Force, LECC, Inspector of LECC and Inspector’s staff and NSW Crime Commission)
   17A.    Exemption for certain translation services
   18.     Act does not authorise unauthorised activities
   19.     Application of Health Privacy Principles to information collected at certain times

   PART 3 - PROVISIONS FOR PUBLIC SECTOR AGENCIES
   Note

   20.     Application of Health Privacy Principles-amendment of health information
   21.     Complaints against public sector agencies
   22.     Government Information (Public Access) Act 2009 not affected

   PART 4 - PROVISIONS FOR PRIVATE SECTOR PERSONS
   Note

           Division 1 - General

   23.     When non-compliance authorised
   24.     Guidelines by Privacy Commissioner

           Division 2 - Retention of health information
           Note

   25.     Retention of health information: health service providers

           Division 3 - Access to health information
           Note

   26.     Making a request for access
   27.     Response to request for access
   28.     Form of access
   29.     Situations where access need not be granted
   30.     Access refused because serious threat to individual
   31.     Private sector person may require evidence of identity or authority
   32.     Alternative arrangements may be made

           Division 4 - Amendment of health information
           Note

   33.     Making a request for amendment
   34.     Response to request for amendment
   35.     Notations added to records
   36.     Private sector person may require evidence of identity or authority
   37.     Alternative arrangements may be made

   PART 5 - HEALTH PRIVACY CODES OF PRACTICE

   38.     Operation of health privacy codes of practice
   39.     Modification of Health Privacy Principles or Part 4
   40.     Preparation and making of health privacy codes of practice

   PART 6 - COMPLAINTS AGAINST PRIVATE SECTOR PERSONS

           Division 1 - General

   41.     Definitions
   42.     Making of privacy related complaints
   43.     Preliminary assessment of complaints
   44.     Assessment of complaints
   45.     Dealing with complaint
   46.     Resolution of complaint by conciliation
   47.     Reports and recommendations of Privacy Commissioner

           Division 2 - Functions of the Tribunal
           Note

   48.     Application to Tribunal
   49.     Inquiries into complaints
   50.     Appearance by Privacy Commissioner
   51.     Proof of exemption
   52.     Tribunal may dismiss frivolous etc complaints
   53.     Relationship to Civil and Administrative Tribunal Act 2013
   54.     Order or other decision of Tribunal
           55-57. (Repealed)

   PART 7 - PRIVACY COMMISSIONER

   58.     Functions of Privacy Commissioner
   59.     Requirement to give information
   60.     Inquiries and investigations
   61.     General procedure for inquiries and investigations
   62.     Exempting organisations from complying with Principles and codes
   63.     Information about compliance arrangements
   64.     Guidelines by Privacy Commissioner
   65.     Referring privacy related complaint to Health Care Complaints Commission
   66.     Referring privacy related complaint to Commonwealth Privacy Commissioner
   67.     Referring privacy related complaint to other persons or bodies

   PART 8 - MISCELLANEOUS

   68.     Corrupt disclosure or use of health information by public sector officials
   69.     Offering to supply health information that has been disclosed unlawfully
   70.     Intimidation, threats or misrepresentation
   71.     Legal rights not affected
   72.     Protection from liability
   73.     Fees
   74.     Proceedings for offences
   75.     Regulations
   75A.    Regulations with respect to healthcare identifiers
   76.     Savings and transitional provisions
   77.     (Repealed)
   78.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)


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