NSWIn ForceAct
Health Records and Information Privacy Act 2002
54Order or other decision of Tribunal
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#### 54 Order or other decision of Tribunal
54 Order or other decision of Tribunal
> > (1) After holding an inquiry, the Tribunal may decide not to take any action on the matter, or it may make any one or more of the following orders—
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> > > (a) subject to subsection (2), an order requiring the respondent to pay to the complainant damages not exceeding $40,000 if the respondent is a body corporate, or not exceeding $10,000 in any other case, by way of compensation for any loss or damage suffered by reason of the respondent’s conduct,
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> > > (b) an order requiring the respondent to refrain from any conduct or action in contravention of a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice,
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> > > (c) an order requiring the performance of a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice,
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> > > (d) an order requiring health information that has been disclosed to be corrected by the respondent,
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> > > (e) an order requiring the respondent to take specified steps to remedy any loss or damage suffered by the complainant,
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> > > (f) such ancillary orders as the Tribunal thinks appropriate.
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> > (2) The Tribunal may make an order under subsection (1) (a) only if—
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> > > (a) the application relates to conduct that occurs after the end of the 12-month period following the date on which Schedule 1 commences, and
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> > > (b) the Tribunal is satisfied that the applicant has suffered financial loss, or psychological or physical harm, because of the conduct of the respondent.
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> > (3) In making an order for damages under this section concerning a complaint lodged on behalf of a person or persons, the Tribunal may make such order as it thinks fit as to the application of those damages for the benefit of the person or persons.