New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 62

62 Exempting organisations from complying with Principles and codes

(1) The Privacy Commissioner may, in accordance with this section, make a written direction that--

(a) an organisation is not required to comply with a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice, or

(b) the application of a Health Privacy Principle, a provision of Part 4 or a code to an organisation is to be modified as specified in the direction.

(2) Any such direction has effect despite any other provision of this Act.

(3) The Privacy Commissioner is not to make a direction under this section unless--

(a) the Privacy Commissioner is satisfied that the public interest in requiring the organisation to comply with the Health Privacy Principle, the provision of Part 4 or health privacy code of practice is outweighed by the public interest in the Privacy Commissioner making the direction, and

(b) the Privacy Commissioner has consulted the Attorney General, and Minister for the Prevention of Domestic Violence about the direction, and

(c) the Minister has approved the making of the direction.