Health Records and Information Privacy Amendment (Accredited Chaplains) Regulation 2008 (NSW)
2008 No 359
New South Wales
Health Records and Information Privacy Amendment (Accredited Chaplains) Regulation 2008
under the
Health Records and Information Privacy Act 2002
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Health Records and Information Privacy Act 2002.
REBA MEAGHER, M.P.,
Minister for Health
Explanatory note
The object of this Regulation is to amend the Health Records and Information Privacy
Regulation 2006:
| (a) | to prescribe the services of a chaplain in a public hospital or health institution as a health service for the purposes of the Health Records and Information Privacy Act 2002 where the chaplain is accredited by the chief executive of a public health organisation that controls the hospital or institution, and |
| (b) | to enable a public health organisation to use, or disclose to an accredited chaplain, health information, without the consent of the individual to whom the information relates, for the purpose of accredited chaplaincy services in a public hospital or health institution controlled by the organisation if the individual would reasonably expect the organisation to use or disclose the information for that purpose. |
This Regulation is made under the Health Records and Information Privacy Act 2002, including paragraph (l) of the definition of health service in section 4 (1), and clauses 10 (1) (k) and 11 (1) (l) of Schedule 1 and section 75 (the general regulation-making power).
Published in Gazette No 100 of 22 August 2008, page 7770 Page 1
| 2008 No 359 | Health Records and Information Privacy Amendment (Accredited |
| Clause 1 | Chaplains) Regulation 2008 |
Health Records and Information Privacy Amendment
(Accredited Chaplains) Regulation 2008
under the
Health Records and Information Privacy Act 2002
1 Name of Regulation
This Regulation is the Health Records and Information Privacy
Amendment (Accredited Chaplains) Regulation 2008.
2 Commencement
This Regulation commences on 1 October 2008.
3 Amendment of Health Records and Information Privacy Regulation 2006
The Health Records and Information Privacy Regulation 2006 is amended as set out in Schedule 1.
| Health Records and Information Privacy Amendment (Accredited | 2008 No 359 |
| Chaplains) Regulation 2008 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 2 Definitions
Insert in alphabetical order in clause 2 (1):
accredited chaplain, in relation to a public hospital or health
institution, means a person:
(a)
who has been accredited for the purposes of providing chaplaincy services in the hospital or institution by the chief executive of a public health organisation that is responsible for controlling that hospital or institution, and
(b) whose accreditation has not been revoked. chief executive, in relation to a public health organisation, has the
same meaning as in the Health Services Act 1997.
health institution, public health organisation and public
hospital have the same meanings as in the Health Services
Act 1997.
[2] Clause 2 (1A)
Insert after clause 2 (1):
(1A) A reference in this Regulation to a hospital or health institution controlled by a public health organisation includes a reference to a hospital or health institution that is conducted by or on behalf of such an organisation. Note. Clause 2 of Part 2 of the Dictionary to the Health Services Act 1997 contains a similar provision in relation to references in that Act to hospitals, health institutions and services controlled by a public health organisation or other body or person. [3] Clauses 2A and 2B
Insert after clause 2:
2A Accredited chaplaincy service a “health service” The service of an accredited chaplain in a public hospital or a health institution controlled by a public health organisation is prescribed as a health service for the purposes of the Act.
| 2008 No 359 | Health Records and Information Privacy Amendment (Accredited Chaplains) Regulation 2008 |
| Schedule 1 | Amendments |
2B Health information may be used or disclosed for purpose of
chaplaincy servicesFor the purposes of clauses 10 (1) (k) and 11 (1) (l) of Schedule 1 to the Act, an organisation may use or disclose health information for a secondary purpose if:
(a) the organisation is a public health organisation, and (b)
the secondary purpose is the service of an accredited chaplain in a public hospital or health institution that is controlled by the organisation, and
(c)
in the case of a disclosure—the person to whom the disclosure is made is an accredited chaplain for the hospital or institution, and
(d)
the individual to whom the health information relates would reasonably expect the organisation to use or disclose the information for the secondary purpose.
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