Health Records and Information Privacy Act 2002 No 71
40 Preparation and making of health privacy codes of
(1) The Privacy Commissioner, or any organisation, may:
(a) initiate the preparation of a draft health privacy code of
(b) develop the draft code in consultation with such other persons or
bodies as the Commissioner or organisation thinks fit, and
(c) submit the draft code to the Minister.
(2) If a draft code is initiated and prepared by an organisation, the
organisation must consult with the Privacy Commissioner on the draft code
before it is submitted to the Minister.
(3) The Privacy Commissioner may make such submissions to the Minister
in respect of a draft code as the Privacy Commissioner thinks
(4) Once a draft code is submitted to the Minister, the Minister may,
after taking into consideration any submissions by the Privacy Commissioner
and after consulting the Attorney General about the draft code, decide to make
(5) A health privacy code of practice is made by order of the Minister
published in the Gazette.
(6) A code takes effect when the order making the code is published
(or on such later date as may be specified in the
(7) The procedures specified in this section extend to any amendment
of a health privacy code of practice.