New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 54

54 Order or other decision of Tribunal

(1) After holding an inquiry, the Tribunal may decide not to take any action on the matter, or it may make any one or more of the following orders:

(a) subject to subsection (2), an order requiring the respondent to pay to the complainant damages not exceeding $40,000 if the respondent is a body corporate, or not exceeding $10,000 in any other case, by way of compensation for any loss or damage suffered by reason of the respondent’s conduct,

(b) an order requiring the respondent to refrain from any conduct or action in contravention of a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice,

(c) an order requiring the performance of a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice,

(d) an order requiring health information that has been disclosed to be corrected by the respondent,

(e) an order requiring the respondent to take specified steps to remedy any loss or damage suffered by the complainant,

(f) such ancillary orders as the Tribunal thinks appropriate.

(2) The Tribunal may make an order under subsection (1) (a) only if:

(a) the application relates to conduct that occurs after the end of the 12-month period following the date on which Schedule 1 commences, and

(b) the Tribunal is satisfied that the applicant has suffered financial loss, or psychological or physical harm, because of the conduct of the respondent.

(3) In making an order for damages under this section concerning a complaint lodged on behalf of a person or persons, the Tribunal may make such order as it thinks fit as to the application of those damages for the benefit of the person or persons.