Commonwealth Legislation

The Privacy Amendment (Private Sector) Act 2000 (Cth), extends the operation of the Privacy Act 1988 (Cth) to large private sector organisations and all health service providers. Schedule 3 of the amending Act sets out 10 National Privacy Principles (NPPs), which are the minimum privacy standards and legal requirements relating to the handling of personal information by private sector organisations.

www.privacy.gov.au (Tel: 1300 363 992)

The Office of the Federal Privacy Commissioner provides information, education and advice regarding key elements of the Privact Act..

State Legislation

The Health Records Act 2002 (Vic) creates a scheme to regulate the collection and handling of health information in Victoria, giving individuals a legally enforceable right of access to health information about them which is contained in records held in the private sector. The Act establishes Health Privacy Principals that will apply to personal health information collected and handled in both the public and private sectors. Schedule 1 in Section 19 of the Act sets out the 11 HPPs.

www.health.vic.gov.au/hsc (Tel: 1800 136 066)
The Office of the Health Services Commissioner provides information, education and advice regarding key elements of the Health Records Act and the Health Privacy Principles.

Useful Contacts

Department of Human Services - provide an overview of the Act, explanatory note, proposed regulations (including fees), patient information pamphlet.

AMA - information regarding privacy legislation and privacy kit.

RACGP - template for patient leaflet, information regarding the legislation and management of patient information.

Resources

• Summary of National Privacy Principles (NPPs) (14kb pdf)
• Summary of Health Privacy Principles (HPPs) (13kb pdf)
• Fees – Commonwealth legislation (10kb pdf)
• Fees – Victorian State Legislation(17kb pdf)
• What to do to ensure your practice meets the new legislative requirements (12kb pdf)
• What to do when you have a request for access to, or correction of information - including role of 'Nominated Health Service Provider (31kb pdf)
• Notice for Waiting Room (5kb pdf)
• Check sheet/application form for patient requests (28kb pdf)