TABLE OF PROVISIONSPART 1--PRELIMINARY1. Purpose
2. Commencement
3. Definitions
4. Interpretative provisions
5. When does an organisation hold health information?
6. Objects of Act
7. Relationship of this Act to other laws
8. Nature of rights created by this Act
9. Act binds the Crown
PART 2--APPLICATION OF THIS ACTDivision 1--Public sector organisations10. Application to public sector
Division 2--Private sector organisations11. Application to private sector
12. Effect of outsourcing
Division 3--Exemptions13. Personal, family or household affairs
14. Courts, tribunals, etc.
14A. Royal Commissions etc.
14B. Information sharing under the Family Violence Protection Act 200814C. Information sharing under the Child Wellbeing and Safety Act 200514D. Information sharing for quality and safety purposes under the Health Services Act 198814E. Information sharing under Division 6 of Part 4A of the Terrorism (Community Protection) Act 200314F. Health information collected or held by the Electronic Patient Health Information Sharing System
15. Publicly available health information16. Freedom of Information Act 198217. News media
PART 3--PRIVACY OF HEALTH INFORMATION18. What is an interference with privacy?
19. Health Privacy Principles20. Application of HPPs
21. Organisation to comply with HPPs
PART 4--GUIDELINES22. Health Complaints Commissioner may issue, approve or vary guidelines
23. Revocation of issue or approval
24. Disallowance by Governor in CouncilPART 5--ACCESS TO HEALTH INFORMATIONDivision 1--Right of access25. Right of access
26. No access to health information where threat to life or health of individual or another person[2]
27. No access to health information where information given in confidence[3]
28. How right of access may be exercised
29. Providing access
30. Individual may authorise another person to be given access
31. Organisation may require evidence of identity or authority
32. Fees
Division 2--Request for access33. Request for access
34. Response to request
35. Refusal of access
Division 3--Refusal of access on ground of threat to life or health of the individual requesting access36. Application
37. Offer to discuss health information38. Individual may nominate health service provider to assess ground for refusal etc.
39. Organisation may object to nomination
40. Lapsing of nomination
41. Organisation must give health information to nominee
42. Functions of nominated health service providerDivision 4--Miscellaneous43. Alternative arrangements may be made
44. Provision of health services and keeping of health information—terms and conditions
PART 6--COMPLAINTSDivision 1--Making a complaint45. Complaints
46. Complaint referred to Health Complaints Commissioner47. Complaints by children and people with an impairment
Division 2--Procedure after a complaint is made48. Health Complaints Commissioner must notify respondent
49. Preliminary assessment of complaint
50. Splitting complaints
51. Circumstances in which Health Complaints Commissioner may decline to entertain complaint
52. Referral to registration board53. Health Complaints Commissioner may dismiss stale complaint
54. Minister may refer a complaint direct to Tribunal
55. Complaint about registered health practitioner56. What happens if a complaint is accepted?
57. What happens if conciliation or ruling is inappropriate?
58. Duty to stop proceedings
Division 3--Conciliation of complaints59. Conciliation process
60. Power to obtain information and documents
61. Conciliation agreements
62. Conciliation statements, acts and documents inadmissible
63. What happens if conciliation fails?
Division 4--Investigation, rulings and compliance notices64. Investigation and ruling
65. Referral to Tribunal
66. Compliance notice
67. Power to obtain information and documents
68. Conduct of investigation etc.
69. Power to examine witnesses
70. Protection against self-incrimination
71. Offence not to comply with compliance notice
72. Application for review—compliance notice
Division 5--Interim orders73. Tribunal may make interim orders before hearing
Division 6--Jurisdiction of the Tribunal74. When may the Tribunal hear a complaint?
75. Who are the parties to a proceeding?
76. Time limits for certain complaints
77. Inspection of exempt documents by Tribunal
78. What may the Tribunal decide?
PART 7--OFFENCES79. Definition
80. Unlawfully requiring consent etc.
81. Unlawful destruction etc. or removal of health information82. Unlawfully requesting or obtaining access to health information83. Persons not to be persuaded not to exercise rights under Act
84. Failure to attend etc. before Health Complaints CommissionerPART 8--GENERAL85. Capacity to consent or make a request or exercise right of access
86. Protection from liability
87. Functions of Health Complaints Commissioner
88. Powers
89. Health Complaints Commissioner to have regard to certain matters
90. Secrecy
91. Delegation
92. Employees and agents
93. Offences by organisations or bodies
94. Prosecutions
95. Deceased individuals
96. Legal professional privilege and client legal privilege not affected by this Act[6]
97. Defect or invalidity—protection if person acts in good faith etc.
98. Unqualified organisation may obtain and act on expert advice
99. Supreme Court—limitation of jurisdiction
100. Regulations
SCHEDULE 1ENDNOTES