Contents (2002 - 71)

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, Police Service, PIC, Inspector of PIC and Inspector’s staff and NSW Crime Commission)
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
Note
20 Application of Health Privacy Principles—amendment of health information
21 Complaints against public sector agencies
22 Freedom of Information Act 1989 not affected

Part 4 Provisions for private sector persons
Note

Division 1 General
23 When non-compliance authorised
24 Guidelines by Privacy Commissioner

Division 2 Retention of health information
Note
25 Retention of health information: health service providers

Division 3 Access to health information
Note
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
Note
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
Note
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 Administrative Decisions Tribunal Act 1997
54 Order or other decision of Tribunal
55 Costs
56 Compliance with order of Tribunal
57 Appeals to Appeal Panel against decisions and orders of Tribunal

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
76 Savings and transitional provisions
77 (Repealed)
78 Review of Act

Schedule 1 Health Privacy Principles

Schedule 2 Savings and transitional provisions

Schedule 3 (Repealed)

Historical notes