New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 19

19 Application of Health Privacy Principles to information collected at certain times

(1) Except as otherwise provided by this section, the Health Privacy Principles apply in relation to all health information, whether collected by the organisation before or after the commencement of Schedule 1.

(2) HPP 1 (Purposes of collection of health information), HPP 2 (Information must be relevant, not excessive, accurate and not intrusive), HPP 3 (Collection to be from individual concerned) and HPP 4 (Individual to be made aware of certain matters), to the extent that they apply to the collection of health information, apply only in relation to the collection of health information after the commencement of Schedule 1.

(3) HPP 7 (Access to health information), HPP 8 (Amendment of health information) and Divisions 3 and 4 of Part 4 apply to all health information collected after the commencement of Schedule 1 and also apply to the following health information collected before that commencement--

(a) a history of the health or an illness of an individual,

(b) any findings on an examination of the individual in relation to the health or an illness of an individual,

(c) the results of an investigation into the health or an illness of an individual,

(d) a diagnosis, or preliminary diagnosis, of an illness of an individual,

(e) a plan of management, or proposed plan of management, of the treatment or care of an illness of the individual,

(f) action taken or services provided (whether or not in accordance with a plan of management) by or under the direction or referral of a health service provider in relation to the individual,

(g) health information about the individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances,

(h) genetic information about an individual arising from a health service provided to the individual in a form that is or could be predictive of the health (at any time) of the individual or of any sibling, relative or descendant of the individual.

(4) HPP 13 (Anonymity) applies only in relation to transactions entered into, or health services received, after the commencement of Schedule 1.

(5) HPP 15 (Linkage of health records) applies only in relation to information collected after the commencement of Schedule 1.