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HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - NOTES

- As at 16 September 2009 - Act 71 of 2002

Note to Part 3

Section 11 requires organisations to which this Act applies (including public sector agencies) to comply with the Health Privacy Principles. This Part makes special provision for public sector agencies, while Part 4 makes special provision for private sector persons.

Note to Part 4

Section 11 requires organisations to which this Act applies (including private sector persons) to comply with the Health Privacy Principles and the provisions of this Part. This Part makes special provision for private sector persons, while Part 3 makes special provision for public sector agencies.

Note to Division 2

This Division contains specific provisions that are additional to, and assist the operation of, the general principles in HPP 5 (Retention and security).

Note to Division 3

This Division contains specific provisions for private sector persons that are additional to, and assist the operation of, the general principles in HPP 7 (Access to health information).

Note to Division 4

This Division contains specific provisions for private sector persons that are additional to, and assist the operation of, the general principles in HPP 8 (Amendment of health information).

Note to Division 2

The Administrative Decisions Tribunal Act 1997 contains provisions dealing with the procedure of the Tribunal, including matters such as who may be a party to proceedings for an original decision and representation of parties.

Does not include amendments by:

Coroners Act 2009 No 41 (not commenced)
Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009 No 54 (not commenced)
Occupational Licensing Legislation Amendment (Regulatory Reform) Act 2009 No 61 (not commenced - to commence on 1.7.2010)

Reprint history:

Reprint No 1   26 September 2006  

Historical notes

The following abbreviations are used in the Historical notes:

Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted

Table of amending instruments

Health Records and Information Privacy Act 2002 No 71. Second reading speech made: Legislative Council, 11.6.2002; Legislative Assembly, 5.9.2002. Assented to 25.9.2002. Date of commencement, 1.9.2004, sec 2 and GG No 138 of 27.8.2004, p 6683. This Act has been amended as follows:

2002 No 112 Statute Law (Miscellaneous Provisions) Act (No 2) 2002. Assented to 29.11.2002.
Date of commencement of Sch 2.8, assent, sec 2 (3).
2003 No 13 Australian Crime Commission (New South Wales) Act 2003. Assented to 30.6.2003.
Date of commencement of Sch 1.13, assent, sec 2 (1).
No 40 Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003.
Date of commencement of Sch 2.15, assent, sec 2 (2).
2004 No 114 Teaching Services Amendment Act 2004. Assented to 21.12.2004.
Date of commencement, 17.1.2005, sec 2 and GG No 7 of 14.1.2005, p 97.
2005 No 10 Independent Commission Against Corruption Amendment Act 2005. Assented to 14.4.2005.
Date of commencement of Sch 2.5, 1.7.2005, sec 2 and GG No 81 of 1.7.2005, p 3309.
No 64 Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005.
Date of commencement of Sch 3, assent, sec 2 (1).
2006 No 2 Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006.
Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378.
No 58 Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006.
Date of commencement of Sch 2.21, assent, sec 2 (2).
No 94 Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006.
Date of commencement of Sch 3.15, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575.
2007 No 94 Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.
Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.

Table of amendments

Sec 4 Am 2003 No 13, Sch 1.13; 2004 No 114, Sch 2.8; 2005 No 10, Sch 2.5 [1] [2]; 2006 No 2, Sch 5.4; 2006 No 94, Sch 3.15.
Sec 17 Am 2005 No 10, Sch 2.5 [3].
Sec 60 Am 2005 No 10, Sch 2.5 [4].
Sec 63 Am 2005 No 10, Sch 2.5 [5].
Sec 74 Am 2007 No 94, Sch 2.
Sec 77 Rep 2005 No 64, Sch 3.
Sch 1 Am 2006 No 58, Sch 2.21.
Sch 3 Am 2002 No 112, Sch 2.8; 2003 No 40, Sch 2.15. Rep 2005 No 64, Sch 3.