New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 34

34 Response to request for amendment

(1) A private sector person must respond to a request for amendment within 45 days after receiving the request.

(2) A private sector person responds to a request by:

(a) making the amendment requested, or

(b) refusing to make the amendment requested.

(3) A private sector person may refuse to amend health information in accordance with a request:

(a) if it is satisfied that the health information is not incomplete, incorrect, irrelevant, out of date or misleading, or

(b) if it is satisfied that the request contains or is accompanied by matter that is incorrect or misleading in a material respect.

(4) A private sector person who refuses to make an amendment requested must give the individual a written reason for the refusal.

(5) A private sector person is taken to have refused to make the amendment requested if the private sector person fails to respond to the request for amendment as required by this section.