4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > authorised representative has the meaning given by section 8. > > > > Commonwealth agency means an entity referred to in paragraph (a)–(h) of the definition of agency in the [Privacy Act 1988](http://www.legislation.gov.au/) of the Commonwealth. > > > > Commonwealth Privacy Commissioner means the Office of the Privacy Commissioner established by the [Privacy Act 1988](http://www.legislation.gov.au/) of the Commonwealth. > > > > emergency has the same meaning as in the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165). > > > > exercise a function includes perform a duty. > > > > function includes a power, authority or duty. > > > > generally available publication means a publication (whether in paper or electronic form) that is generally available to members of the public, but does not include any publication or document declared by the regulations not to be a generally available publication for the purposes of this Act. > > > > genetic information means health information of a type described in section 6 (d). > > > > genetic relative means a person who is related to an individual by blood, for example, a sibling, parent or descendant of the individual. > > > > guidelines means guidelines issued by the Privacy Commissioner as referred to in section 64. > > > > health care means any care, treatment, advice, service or goods provided in respect of the physical or mental health of a person. > > > > Health Care Complaints Commission means the Health Care Complaints Commission constituted by the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105). > > > > health information has the meaning given by section 6. > > > > health privacy code of practice or code means a privacy code of practice relating to health information made under Part 5. > > > > Health Privacy Principle or HPP means a clause of Schedule 1. A reference in this Act to a Health Privacy Principle by number is a reference to the clause of Schedule 1 with that number. > > > > health service includes the following services, whether provided as public or private services— > > > > > (a) medical, hospital, nursing and midwifery services, > > > > > (b) dental services, > > > > > (c) mental health services, > > > > > (d) pharmaceutical services, > > > > > (e) ambulance services, > > > > > (f) community health services, > > > > > (g) health education services, > > > > > (h) welfare services necessary to implement any services referred to in paragraphs (a)–(g), > > > > > (i) services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices, > > > > > (j) Chinese medicine, chiropractic, occupational therapy, optometry, osteopathy, physiotherapy, podiatry and psychology services, > > > > > (j1) optical dispensing, dietitian, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services, > > > > > (k) services provided in other alternative health care fields in the course of providing health care, > > > > > (l) a service prescribed by the regulations as a health service for the purposes of this Act. > > > > health service provider means an organisation that provides a health service but does not include— > > > > > (a) a health service provider, or a class of health service providers, that is prescribed by the regulations as an exempt health service provider— > > > > > > > (i) for the purposes of this Act generally, or > > > > > > > (ii) for the purposes of specified provisions of this Act, or > > > > > > > (iii) for the purposes of specified Health Privacy Principles or health privacy codes of practice, or > > > > > > > (iv) to the extent to which it is prescribed by the regulations as an exempt health service provider, or > > > > > (b) an organisation that merely arranges for a health service to be provided to an individual by another organisation. > > > > healthcare identifier has the same meaning as it has in the [Healthcare Identifiers Act 2010](http://www.legislation.gov.au/) of the Commonwealth. > > > > identifier means an identifier (which is usually, but need not be, a number), not being an identifier that consists only of the individual’s name, that is— > > > > > (a) assigned to an individual in conjunction with or in relation to the individual’s health information by an organisation for the purpose of uniquely identifying that individual, whether or not it is subsequently used otherwise than in conjunction with or in relation to health information, or > > > > > (b) adopted, used or disclosed in conjunction with or in relation to the individual’s health information by an organisation for the purpose of uniquely identifying that individual. > > > > immediate family member of an individual means a person who is— > > > > > (a) a parent, child or sibling of the individual, or > > > > > (b) a spouse of the individual, or > > > > > (c) a member of the individual’s household who is a relative of the individual, or > > > > > (d) a person nominated to an organisation by the individual as a person to whom health information relating to the individual may be disclosed. > > > > investigative agency means any of the following— > > > > > (a) the Ombudsman’s Office, > > > > > (b) the Independent Commission Against Corruption, > > > > > (b1) the Inspector of the Independent Commission Against Corruption, > > > > > (c) the Law Enforcement Conduct Commission, > > > > > (d) the Inspector of the Law Enforcement Conduct Commission and any staff of the Inspector, > > > > > (e) the Community Services Commission, > > > > > (f) the Health Care Complaints Commission, > > > > > (g) the office of Legal Services Commissioner, > > > > > (g1) the Ageing and Disability Commissioner, > > > > > (g2) the Children’s Guardian, > > > > > (h) a person or body prescribed by the regulations for the purposes of this definition. > > > > law enforcement agency means any of the following— > > > > > (a) the NSW Police Force, or the police force of another State or a Territory, > > > > > (b) the New South Wales Crime Commission, > > > > > (c) the Australian Federal Police, > > > > > (d) the Australian Crime Commission, > > > > > (e) the Director of Public Prosecutions of New South Wales, of another State or a Territory or of the Commonwealth, > > > > > (f) the Department of Corrective Services, > > > > > (g) the Department of Juvenile Justice, > > > > > (h) a person or body prescribed by the regulations for the purposes of this definition. > > > > local government authority means a council, a county council or a joint organisation within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030). > > > > news activity means— > > > > > (a) the gathering of news for the purposes of dissemination to the public or any section of the public, or > > > > > (b) the preparation or compiling of articles or programs of or concerning news, observations on news or current affairs for the purpose of dissemination to the public or any section of the public, or > > > > > (c) the dissemination to the public or any section of the public of any article or program of or concerning news, observations on news or current affairs. > > > > news medium means any organisation whose business, or whose principal business, consists of a news activity. > > > > organisation means a public sector agency or a private sector person. > > > > personal information has the meaning given by section 5. > > > > PPIP Act means the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133). > > > > Privacy Commissioner means the Privacy Commissioner appointed under the PPIP Act. > > > > private sector person means any of the following that is not a public sector agency— > > > > > (a) a natural person, > > > > > (b) a body corporate, > > > > > (c) a partnership, > > > > > (d) a trust or any other unincorporated association or body, > > > > but does not include a small business operator within the meaning of the [Privacy Act 1988](http://www.legislation.gov.au/) of the Commonwealth, or an agency within the meaning of that Act. > > > > Note. > > > > Small business operator is defined in section 6D of the [Privacy Act 1988](http://www.legislation.gov.au/) of the Commonwealth. Several types of businesses or activities are excluded from that definition. In particular, under section 6D (4) (b) an individual, body corporate, partnership, unincorporated association or trust is not a small business operator if it provides a health service to an individual and holds any health information except in an employee record. > > > > public sector agency means any of the following— > > > > > (a) a government department or the Teaching Service, > > > > > (b) a statutory body representing the Crown, > > > > > (c) a State owned corporation that is not subject to the [Privacy Act 1988](http://www.legislation.gov.au/) of the Commonwealth, > > > > > (d) an auditable entity within the meaning of the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152) or any other entity within the meaning of that Act (or entity of a kind) prescribed by the regulations, but excluding an entity (or entity of a kind) prescribed by the regulations, > > > > > (e) the NSW Police Force, > > > > > (e1) Service NSW Division of the Government Service, > > > > > (f) a local government authority, > > > > > (g) a person or body that— > > > > > > > (i) provides data services (being services relating to the collection, processing, disclosure or use of personal information or that provide for access to such information) for or on behalf of a body referred to in paragraphs (a)–(f), or that receives funding from any such body in connection with providing data services, and > > > > > > > (ii) is prescribed by the regulations for the purposes of this definition. > > > > public sector official means any of the following— > > > > > (a) a person appointed by the Governor, or a Minister, to a statutory office, > > > > > (b) a judicial officer within the meaning of the [Judicial Officers Act 1986](/view/html/inforce/current/act-1986-100), > > > > > (c) a person employed in the Government Service, the Teaching Service, the NSW Health Service or the NSW Police Force, > > > > > (d) a local government councillor or a person employed by a local government authority, > > > > > (e) a person who is an officer of the Legislative Council or Legislative Assembly or who is employed by (or who is under the control of) the President of the Legislative Council or the Speaker of the Legislative Assembly, or both, > > > > > (f) a person who is employed or engaged by— > > > > > > > (i) a public sector agency, or > > > > > > > (ii) a person referred to in paragraphs (a)–(e), > > > > > (g) a person who acts for or on behalf of, or in the place of, or as deputy or delegate of, a public sector agency or person referred to in paragraphs (a)–(e). > > > > related body corporate, in relation to an organisation that is a body corporate, has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > > > relative of an individual means a grandparent, grandchild, uncle, aunt, nephew or niece of the individual. > > > > sibling of an individual includes a half-brother, half-sister, adoptive brother, adoptive sister, step-brother or step-sister of the individual. > > > > spouse means— > > > > > (a) the person to whom a person is legally married (including the husband or wife of a person), or > > > > > (b) a de facto partner, > > > > but where more than one person would so qualify as a spouse, means only the last person so to qualify. > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > > staff of the Inspector of the Independent Commission Against Corruption means— > > > > > (a) any staff employed under section 57E (1) or (2) of the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), and > > > > > (b) any consultants engaged under section 57E (3) of that Act. > > > > staff of the Inspector of the Law Enforcement Conduct Commission means the staff of the Inspector within the meaning of section 128 (1) of the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061). > > > > stage, of an emergency, means a stage in relation to an emergency mentioned in the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165), section 5. > > > > State record has the same meaning as in the [State Records Act 1998](/view/html/inforce/current/act-1998-017). > > > > Tribunal means the Civil and Administrative Tribunal. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) A reference in this Act to non-compliance with a requirement of this Act being permitted (or necessarily implied or reasonably contemplated) under an Act or other law includes a reference to non-compliance that is permitted (or necessarily implied or reasonably contemplated) under an Act of the Commonwealth. > > > (3) Notes included in this Act do not form part of this Act. > > **s 4:** Am 2003 No 13, Sch 1.13; 2004 No 114, Sch 2.8; 2005 No 10, Sch 2.5 \[1\] \[2\]; 2006 No 2, Sch 5.4; 2006 No 94, Sch 3.15; 2009 No 61, Sch 4.4 \[1\] \[2\]; 2010 No 19, Sch 3.45 \[1\] \[2\]; 2010 No 34, Sch 2.26 \[1\] \[2\]; 2010 No 96, Sch 3 \[1\]; 2011 No 62, Schs 1.9, 3.13 \[1\]; 2012 No 39, Sch 1.2 \[1\]; 2012 No 42, Sch 1.13 \[1\] \[2\]; 2012 No 95, Sch 2.16; 2013 No 39, Sch 2.2; 2013 No 95, Sch 2.75 \[1\]; 2016 No 61, Sch 6.24 \[1\] \[2\]; 2017 No 50, Sch 5.17; 2017 No 65, Sch 2.12; 2018 No 28, Sch 1.13; 2018 No 70, Sch 4.48; 2019 No 7, Sch 1.5; 2019 No 25, Sch 5.23\[1\]; 2021 No 32, Sch 1.4\[1\]; 2024 No 22, Sch 4\[1\] \[2\].