HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SCHEDULE 2

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 76)

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

this Act

Health Legislation Further Amendment Act 2010

(2) Without limiting subclause (1), the regulations may make provision for or with respect to the following matters--

(a) exempting organisations or classes of organisations from the operation of this Act in connection with the performance of contracts entered into before the date of assent to this Act,

(b) providing that a privacy code of practice dealing with health information in force under the Privacy and Personal Information Protection Act 1998 is taken to be a health privacy code of practice in force under this Act.

(3) Any provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

2 Privacy Commissioner may exempt

The Privacy Commissioner may, on application by an organisation, grant the organisation an exemption from the operation of HPP 10 or 11 in relation to specified information (or information of a specified class for a specified period) collected by the organisation before the commencement of this clause if--

(a) the Privacy Commissioner is of the opinion that, in the particular circumstances, it is in the public interest for the use or disclosure to continue otherwise than in accordance with HPP 10 or 11, and

(b) the period of any exemption expires before the second anniversary of the commencement of this clause.