New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 40

40 Preparation and making of health privacy codes of practice

(1) The Privacy Commissioner, or any organisation, may--

(a) initiate the preparation of a draft health privacy code of practice, and

(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 appropriate.

(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, and Minister for the Prevention of Domestic Violence about the draft code, decide to make the code.

(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 order).

(7) The procedures specified in this section extend to any amendment of a health privacy code of practice.