Commonwealth Consolidated Acts

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HEALTHCARE IDENTIFIERS ACT 2010 - SECT 29

Functions of Information Commissioner

Breach of this Act is an interference with privacy

  (1)   An act or practice in connection with a healthcare identifier of a healthcare recipient or an individual healthcare provider that contravenes this Act or the regulations, or would contravene this Act or the regulations but for a requirement relating to state of mind, is taken to be:

  (a)   for the purposes of the Privacy Act 1988 , an interference with the privacy of the healthcare recipient or individual healthcare provider; and

  (b)   covered by section   13 of that Act.

Note:   The act or practice may be the subject of a complaint under section   36 of that Act.

  (2)   For the purpose of applying Part   V of that Act (Investigations) in relation to the act or practice, treat a State or Territory authority as if it were an organisation (within the meaning of that Act).

Assessment by Information Commissioner

  (3)   For the purpose of paragraph   33C(1)(a) of the Privacy Act 1988 , a healthcare identifier of a healthcare recipient or of an individual healthcare provider is taken to be personal information.



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