NSWIn ForceAct
Health Records and Information Privacy Act 2002
62Exempting organisations from complying with Principles and codes
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#### 62 Exempting organisations from complying with Principles and codes
62 Exempting organisations from complying with Principles and codes
> > (1) The Privacy Commissioner may, in accordance with this section, make a written direction that—
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> > > (a) an organisation is not required to comply with a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice, or
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> > > (b) the application of a Health Privacy Principle, a provision of Part 4 or a code to an organisation is to be modified as specified in the direction.
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> > (2) Any such direction has effect despite any other provision of this Act.
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> > (3) The Privacy Commissioner is not to make a direction under this section unless—
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> > > (a) the Privacy Commissioner is satisfied that the public interest in requiring the organisation to comply with the Health Privacy Principle, the provision of Part 4 or health privacy code of practice is outweighed by the public interest in the Privacy Commissioner making the direction, and
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> > > (b) the Privacy Commissioner has consulted the Attorney General about the direction, and
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> > > (c) the Minister has approved the making of the direction.
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> **s 62:** Am 2019 No 25, Sch 5.23\[2\]; 2026 No 2, Sch 2.9.