Health Records and Information Privacy Act 2002 No 71
64 Guidelines by Privacy Commissioner
(1) The Privacy Commissioner may issue guidelines for or with respect to any matter for which guidelines may be issued under this Act. The Privacy Commissioner may from time to time amend or replace the guidelines.(2) Guidelines issued by the Privacy Commissioner may apply, adopt or incorporate any publication as in force for the time being.(3) The Minister may request the Privacy Commissioner to develop guidelines relating to any matter that the Minister considers should be the subject of guidelines.(4) The procedure for the issuing of guidelines is as follows:(a) the Privacy Commissioner is to prepare proposed guidelines in draft form and is to prepare an impact assessment statement for the proposed guidelines in accordance with such requirements as the Minister may from time to time determine,(b) the draft guidelines and impact assessment statement are to be publicly exhibited for a period of at least 21 days,(c) the Privacy Commissioner is to seek public comment on the draft guidelines during the period of public exhibition and public comment may be made during the period of the exhibition and for 21 days (or such longer period as the Privacy Commissioner may determine) after the end of that period,(d) the Privacy Commissioner is to submit the draft guidelines to the Minister for approval together with a report by the Privacy Commissioner giving details of public comment received during the period allowed for public comment and the Privacy Commissioner’s response to it,(e) the Privacy Commissioner is not to issue the draft guidelines as guidelines unless the Minister approves the guidelines.(5) The procedure for the amendment or replacement of guidelines is the same as for the issuing of the guidelines unless the Minister otherwise directs in respect of a particular amendment.