New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 4

4 Definitions

(1) In this Act:
"authorised representative" has the meaning given by section 8.
"Commonwealth agency" means an entity referred to in paragraph (a)-(h) of the definition of "agency" in the Privacy Act 1988 of the Commonwealth.
"Commonwealth Privacy Commissioner" means the Office of the Privacy Commissioner established by the Privacy Act 1988 of the Commonwealth.
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"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.
"guidelines" means guidelines issued by the Privacy Commissioner as referred to in section 64.
"health care" means any care, treatment, advice, service or goods provided in respect of the physical or mental health of a person.
"Health Care Complaints Commission" means the Health Care Complaints Commission constituted by the Health Care Complaints Act 1993 .
"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 registration Act" has the same meaning as in the Health Care Complaints Act 1993 .
"health service" includes the following services, whether provided as public or private services:

(a) medical, hospital and nursing services,

(b) dental services,

(c) mental health services,

(d) pharmaceutical services,

(e) ambulance services,

(f) community health services,

(g) health education services,

(h) welfare services necessary to implement any services referred to in paragraphs (a)-(g),

(i) services provided by podiatrists, chiropractors, osteopaths, optometrists, physiotherapists, psychologists and optical dispensers in the course of providing health care,

(j) services provided by dietitians, masseurs, naturopaths, acupuncturists, occupational therapists, speech therapists, audiologists, audiometrists and radiographers in the course of providing health care,

(k) services provided in other alternative health care fields in the course of providing health care,

(l) a service prescribed by the regulations as a health service for the purposes of this Act.

"health service provider" means an organisation that provides a health service but does not include:

(a) a health service provider, or a class of health service providers, that is prescribed by the regulations as an exempt health service provider:

(i) for the purposes of this Act generally, or

(ii) for the purposes of specified provisions of this Act, or

(iii) for the purposes of specified Health Privacy Principles or health privacy codes of practice, or

(iv) to the extent to which it is prescribed by the regulations as an exempt health service provider, or

(b) an organisation that merely arranges for a health service to be provided to an individual by another organisation.

"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

(b) a spouse of the individual, or

(c) a member of the individual’s household who is a relative of the individual, or

(d) a person nominated to an organisation by the individual as a person to whom health information relating to the individual may be disclosed.

"investigative agency" means any of the following:

(a) the Ombudsman’s Office,

(b) the Independent Commission Against Corruption,

(b1) the Inspector of the Independent Commission Against Corruption,

(c) the Police Integrity Commission,

(d) the Inspector of the Police Integrity Commission and any staff of the Inspector,

(e) the Community Services Commission,

(f) the Health Care Complaints Commission,

(g) the office of Legal Services Commissioner,

(h) a person or body prescribed by the regulations for the purposes of this definition.

"law enforcement agency" means any of the following:

(a) the Police Service, or the police force of another State or a Territory,

(b) the New South Wales Crime Commission,

(c) the Australian Federal Police,

(d) the Australian Crime Commission,

(e) the Director of Public Prosecutions of New South Wales, of another State or a Territory or of the Commonwealth,

(f) the Department of Corrective Services,

(g) the Department of Juvenile Justice,

(h) a person or body prescribed by the regulations for the purposes of this definition.

"local government authority" means a council, or a county council, within the meaning of the Local Government Act 1993 .
"news activity" means:

(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.
"organisation" means a public sector agency or a private sector person.
"personal information" has the meaning given by section 5.
"PPIP Act" means the Privacy and Personal Information Protection Act 1998 .
"Privacy Commissioner" means the Privacy Commissioner appointed under the PPIP Act.
"private sector person" means any of the following that is not a public sector agency:

(a) a natural person,

(b) a body corporate,

(c) a partnership,

(d) a trust or any other unincorporated association or body,

but does not include a small business operator within the meaning of the Privacy Act 1988 of the Commonwealth, or an agency within the meaning of that Act.

Note: "Small business operator" is defined in section 6D of the Privacy Act 1988 of 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,

(c) a declared authority under the Public Sector Management Act 1988 ,

(d) a person or body in relation to whom, or to whose functions, an account is kept of administration or working expenses, if the account:

(i) is part of the accounts prepared under the Public Finance and Audit Act 1983 , or

(ii) is required by or under any Act to be audited by the Auditor-General, or

(iii) is an account with respect to which the Auditor-General has powers under any law, or

(iv) is an account with respect to which the Auditor-General may exercise powers under a law relating to the audit of accounts if requested to do so by a Minister of the Crown,

(e) the Police Service,

(f) a local government authority,

(g) a person or body that:

(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,

(b) a judicial officer within the meaning of the Judicial Officers Act 1986 ,

(c) a person employed in the Government Service, the Teaching Service, the NSW Health Service or the NSW Police Force,

(d) a local government councillor or a person employed by a local government authority,

(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,

(f) a person who is employed or engaged by:

(i) a public sector agency, or

(ii) a person referred to in paragraphs (a)-(e),

(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) a husband or wife, or

(b) the other party to a de facto relationship (within the meaning of the Property (Relationships) Act 1984 ,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.
"staff of the Inspector of the Independent Commission Against Corruption" means:

(a) any staff employed under section 57E (1) or (2) of the Independent Commission Against Corruption Act 1988 , and

(b) any consultants engaged under section 57E (3) of that Act.

"staff of the Inspector of the Police Integrity Commission" means:

(a) any staff employed under section 92 (1) or (2) of the Police Integrity Commission Act 1996 , and

(b) any consultants engaged under section 92 (3) of that Act.

"State record" has the same meaning as in the State Records Act 1998 .
"Tribunal" means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997 .

(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.