2005
2005
s04-583
2010-06-04
Health Records and Information Privacy Act
2002
act-2002-071
other
none
reprint
sl-2010-0234
allinforce
website
Gazette No 81 of 1 July 2005, page
3418
0
sl-2005-0327
ba934263-e4d1-48df-bd19-4e1ecad215a3
d3613dff-0ed3-4425-acfb-bf047a02a9d3
Part 1Preliminary
pt 1, hdg: Ins 2010
(234), Sch 1 [1].
1Name of
Code
This Code is the Health Records and Information Privacy Code of Practice
2005.
2Commencement
This Code takes effect on 1 July
2005.
3Definition
(1)
In this Code:
the
Act means the Health Records
and Information Privacy Act 2002.
(2)
Notes included in this Code do not form part of
this Code.
cl 3: Subst 2010
(234), Sch 1 [2].
Part 2Human
services
pt 2, hdg: Ins 2010
(234), Sch 1 [3].
4Collection, use and disclosure
of health information by human services agencies
(1)
In this clause:
allied
agency means an agency (other than a public sector agency)
that is wholly or partly funded by a human services agency and that is
approved in writing by the head of that human services agency as an allied
agency for the purposes of this clause.
human
services agency means a public sector agency that provides
any one or more of the following types of services to the public:
(a)
welfare services,
(b)
health services,
(c)
mental health services,
(d)
disability services,
(e)
drug and alcohol treatment
services,
(f)
housing and support services,
(g)
education services.
senior
officer means a senior member of staff of a human services
agency who has been nominated in writing for the purposes of this clause by
the head of that agency.
substantial adverse impact includes,
but is not limited to, serious physical or mental harm, significant loss of
benefits or other income, imprisonment, loss of housing or the loss of a
carer.
(2)
Despite the Health Privacy Principles, a human
services agency (the
authorised agency) may collect and use health information
about an individual, and may disclose health information about the individual
to another human services agency or an allied agency, if the collection, use
or disclosure is in accordance with a written authorisation given by a senior
officer of the authorised agency.
(3)
An authorisation under subclause (2) must
specify:
(a)
the period (maximum 12 months) for which the
authorisation has effect, and
(b)
the classes of health information to which the
authorisation is to apply (the
specified information), and
(c)
the human services agencies or allied agencies
(if any) to whom the specified information may be disclosed (the
specified agencies).
(4)
A senior officer may give an authorisation under
subclause (2) only if the officer is satisfied that:
(a)
the individual to whom the specified information
relates is a person to whom services are provided or proposed to be provided
by a human services agency or an allied agency, and
(b)
the individual (or if the individual is
incapable, within the meaning of section 7 (1) of the Act, of giving consent,
the individual’s authorised representative) has failed to consent to the
agency collecting or using the specified information, or disclosing the
specified information to the specified agencies, and
(c)
there are reasonable grounds to believe that
there is a risk of substantial adverse impact on the individual or some other
person if collection or use of the specified information, or disclosure of the
specified information to the specified agencies, does not occur,
and
(d)
the collection or use of the specified
information, or disclosure of the specified information to the specified
agencies, is likely to assist in developing or giving effect to a case
management plan or service delivery plan that relates to the individual,
and
(e)
reasonable steps have been taken to ensure that
the individual has been notified by the agency of each of the
following:
(i)
the specified information,
(ii)
the specified agencies,
(iii)
the period for which the authorisation is
proposed to be sought to have effect.
Note—
Notification under this paragraph would normally
be in writing. However, other notification methods may be more appropriate in
the case of certain clients. For example, if the client is
illiterate.
Part 3Domestic Violence Intervention
Court Model
pt 3 (cll
5–9): Ins 2010 (234), Sch 1 [4].
5Definitions
In this Part:
domestic
relationship has the same meaning as in the Crimes (Domestic and Personal Violence) Act
2007.
domestic
violence offence has the same meaning as in the Crimes (Domestic and Personal Violence) Act
2007.
person
who has been charged with an offence has the same meaning as
it has in the Law Enforcement (Powers and
Responsibilities) Act 2002.
scheme—see clause
6.
victim of
domestic violence means a person who has been, or who is
alleged to have been, the victim of a domestic violence
offence.
pt 3 (cll
5–9): Ins 2010 (234), Sch 1 [4].
6The
scheme
(1)
In this Part:
scheme means the scheme known as the
Domestic Violence Intervention Court Model.
(2)
The objects of the scheme are as follows:
(a)
to ensure the safety of victims of domestic
violence and persons in domestic relationships with those
victims,
(b)
to ensure that persons who have been charged with
domestic violence offences are dealt with appropriately,
(c)
to prevent persons who commit domestic violence
offences from re-offending,
(d)
to improve the coordination of services to
victims of domestic violence and persons in domestic relationships with those
victims,
(e)
to ensure domestic violence matters are
effectively managed throughout the criminal justice
process.
pt 3 (cll
5–9): Ins 2010 (234), Sch 1 [4].
7Persons to whom Part
applies
This Part applies to the following
persons:
(a)
a person who has been charged with a domestic
violence offence by a police officer in the Campbelltown, Macquarie Fields or
Wagga Wagga Local Area Command within the NSW Police
Force,
(b)
a person against whom proceedings for a domestic
violence offence have been commenced in (or moved or adjourned to) the Local
Court at Campbelltown, Junee, Temora or Wagga Wagga,
(c)
a victim of domestic violence in respect of an
offence referred to in paragraph (a) or (b),
(d)
a person in a domestic relationship with a victim
referred to in paragraph (c).
pt 3 (cll
5–9): Ins 2010 (234), Sch 1 [4].
8Non-compliance with certain
health privacy principles
A public sector agency, or private sector person,
that participates in the scheme is not required to comply with Health Privacy
Principle 1 (1), 2, 3, 4, 6, 8, 10 or 11 in respect of the collection,
holding, use or disclosure of health information about a person to which this
Part applies, if that collection, holding, use or disclosure is:
(a)
for the purposes of the scheme,
and
(b)
done in accordance with the privacy procedures
for the scheme that are approved by the Attorney General from time to
time.
pt 3 (cll
5–9): Ins 2010 (234), Sch 1 [4].
9Access to health
information
(1)
A public sector agency that participates in the
scheme is not required to comply with Health Privacy Principle 7 in respect of
health information about a person to which this Part applies that is held for
the purposes of the scheme, unless the person is a victim of domestic
violence.
(2)
A private sector person that participates in the
scheme is not required to comply with Divisions 3 and 4 of Part 4 of the Act
in respect of health information about a person to which this Part applies
that is held for the purposes of the scheme, unless the person is a victim of
domestic violence.
pt 3 (cll
5–9): Ins 2010 (234), Sch 1 [4].
Historical
notes
Table of amending
instruments
Health Records
and Information Privacy Code of Practice 2005 (327). GG No
81 of 1.7.2005, p 3418. Date of commencement, 1.7.2005, cl 2. This Code has
been amended as follows:
2010
(234)
Health Records and Information Privacy
Code of Practice Amendment (Domestic Violence Intervention)
2010. GG No 71 of 4.6.2010, p 2299.
Date of commencement, on gazettal, cl
2.
Table of
amendments
Part 1,
heading
Ins 2010
(234), Sch 1 [1].
Cl
3
Subst 2010
(234), Sch 1 [2].
Part 2,
heading
Ins 2010
(234), Sch 1 [3].
Part 3 (cll
5–9)
Ins 2010
(234), Sch 1 [4].