HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - As at 21 March 2024 - 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

• 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

Division 1 - General

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

Division 2 - Retention of health information

• 25 Retention of health information: health service providers

Division 3 - Access to health information

• 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

• 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

• 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)