"generally available publication" means a publication (whether in paper or
electronic form) that is generally available to members of the public, but
does not include any publication or document declared by the regulations not
to be a generally available publication for the purposes of this Act.
"health information" has the meaning given by section 6.
"health privacy code of practice" or
"code" means a privacy code of practice relating to health information made
under Part 5.
"Health Privacy Principle" or
"HPP" means a clause of Schedule 1. A reference in this Act to a
Health Privacy Principle by number is a reference to the clause of Schedule 1
with that number.
"health service" includes the following services, whether provided as public
or private services--
(a) medical, hospital, nursing and midwifery services,
"identifier" means an identifier (which is usually, but need not be, a
number), not being an identifier that consists only of the individual's name,
that is--
(a) assigned to an individual in conjunction with or in relation to
the individual's health information by an organisation for the purpose of
uniquely identifying that individual, whether or not it is subsequently used
otherwise than in conjunction with or in relation to health information, or
(b) adopted, used or disclosed in conjunction with or in relation to the
individual's health information by an organisation for the purpose of uniquely
identifying that individual.
"immediate family member" of an individual means a person who is--
(a) a
parent, child or sibling of the individual, or
(a) the gathering of news for the purposes of
dissemination to the public or any section of the public, or
(b) the
preparation or compiling of articles or programs of or concerning news,
observations on news or current affairs for the purpose of dissemination to
the public or any section of the public, or
(c) the dissemination to the
public or any section of the public of any article or program of or concerning
news, observations on news or current affairs.
"news medium" means any organisation whose business, or whose principal
business, consists of a news activity.
Note : "Small business operator" is defined in section 6D of the Privacy Act 1988of
the Commonwealth. Several types of businesses or activities are excluded from
that definition. In particular, under section 6D (4) (b) an individual, body
corporate, partnership, unincorporated association or trust is not a
small business operator if it provides a health service to an individual and
holds any health information except in an employee record.
"public sector agency" means any of the following--
(a) a government
department or the Teaching Service,
(b) a statutory body representing the
Crown,
(d) an auditable entity within the meaning of the
Government Sector Audit Act 1983or any other entity within the meaning of
that Act (or entity of a kind) prescribed by the regulations, but excluding an
entity (or entity of a kind) prescribed by the regulations,
(e) the NSW
Police Force,
(e1) Service NSW Division of the Government Service,
(i) provides data
services (being services relating to the collection, processing, disclosure or
use of personal information or that provide for access to such information)
for or on behalf of a body referred to in paragraphs (a)-(f), or that receives
funding from any such body in connection with providing data services, and
(ii) is prescribed by the regulations for the purposes of this definition,
but
does not include a State owned corporation.
"public sector official" means any of the following--
(a) a person appointed
by the Governor, or a Minister, to a statutory office,
(e) a person who is an officer of the Legislative
Council or Legislative Assembly or who is employed by (or who is under the
control of) the President of the Legislative Council or the Speaker of the
Legislative Assembly, or both,
(g) a person who acts for or on behalf of, or in the place of, or as
deputy or delegate of, a public sector agency or person referred to in
paragraphs (a)-(e).
"related body corporate" , in relation to an organisation that is a body
corporate, has the same meaning as in the Corporations Act 2001 of the
Commonwealth.
"relative" of an individual means a grandparent, grandchild, uncle, aunt,
nephew or niece of the individual.
"sibling" of an individual includes a half-brother, half-sister, adoptive
brother, adoptive sister, step-brother or step-sister of the individual.
"spouse" means--
(a) the person to whom a person is legally married (including
the husband or wife of a person), or
(2) A reference in this Act
to non-compliance with a requirement of this Act being permitted (or
necessarily implied or reasonably contemplated) under an Act or other law
includes a reference to non-compliance that is permitted (or necessarily
implied or reasonably contemplated) under an Act of the Commonwealth.
(3)
Notes included in this Act do not form part of this Act.