Health Records and Information Privacy Act 2002
9What constitutes “holding” information
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9 What constitutes “holding” information
9 What constitutes “holding” information
For the purposes of this Act, health information is held by an organisation if—
(a) the organisation is in possession or control of the information (whether or not the information is contained in a document that is outside New South Wales), or
(b) the information is in the possession or control of a person employed or engaged by the organisation in the course of such employment or engagement, or
(c) in the case of a public sector agency—the information is contained in a State record in respect of which the agency is responsible under the State Records Act 1998.