New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 35

35 Notations added to records

(1) If a private sector person has refused to amend health information held by the person, the individual to whom the information relates may, by notice in writing, require the private sector person to add to the health information a notation:

(a) specifying the respects in which the individual claims the information to be incomplete, incorrect, irrelevant, out of date or misleading, and

(b) if the individual claims the information to be incomplete or out of date-setting out such information as the individual claims is necessary to complete the information or to bring it up to date.

(2) The private sector person must take reasonable steps to comply with the requirements of a notice given under this section and is to cause written notice of the steps taken, and the nature of a notation, to be given to the individual.

(3) If the private sector person discloses to any person or organisation (including any public sector agency or any Minister) any health information to which a notice under this section relates, the private sector person:

(a) must ensure that there is given to that person or organisation, when the information is disclosed, a statement:

(i) stating that the person to whom the information relates claims that the information is incomplete, incorrect, irrelevant, out of date or misleading, and

(ii) setting out particulars of a notation added to the information under this section, and

(b) may include in the statement the reason for the private sector person’s refusal to amend its records in accordance with the notation.

(4) Nothing in this section is intended to prevent or discourage private sector persons from giving particulars of a notation added to health information under this section to a person or organisation (including a public sector agency or any Minister) to whom information was given before the commencement of this section.