New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 65

65 Referring privacy related complaint to Health Care Complaints Commission

(1) The Privacy Commissioner may refer a complaint made under this Act to the Health Care Complaints Commission if the complaint concerns--

(a) the professional conduct of a health service provider, or

(b) a health service that affects the clinical management or care of a person who uses or receives a health service (including a patient).

(2) The Privacy Commissioner may communicate to the Health Care Complaints Commission any information that the Privacy Commissioner has obtained in relation to the complaint.

(3) The Privacy Commissioner and the Health Care Complaints Commission are to consult regularly to ensure the appropriate referral of complaints between them.

Note : Section 26 of the Health Care Complaints Act 1993 provides that the Health Care Complaints Commission may refer a complaint to another person or body. The Commission may therefore refer a complaint that raises a possible contravention of a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice to the Privacy Commissioner.

(4) This section does not affect the operation of section 47 (Referring privacy related complaints to other authorities) of the PPIP Act.