Legislation

Health Records and Information Privacy Act 2002 No 71 (NSW)

NSW Parliamentary Counsel's Office. Act, New South Wales.

Version
Current version for 30 September 2026 to date
Last read
7 October 2026

The NSW Act that sets the Health Privacy Principles (Schedule 1) and applies to every organisation that is a health service provider or that collects, holds or uses health information, so it reaches a private clinic as well as the public sector. It carries the NSW retention rule for private health service providers in section 25 (seven years from the last service for an adult, or until age 25 for a child), the right of access in Division 3 of Part 4 and the privacy complaint route to the NSW Privacy Commissioner. It applies alongside the Commonwealth Privacy Act 1988, not in place of it.

ClinicTrace Australia cites this source in 3 records and checks, and tells a clinic holding one of them when the source changes. See it on the register

Whether a source applies to a particular clinic, and what it means for that clinic, is a question for the clinic and its own advisers. Nothing here is legal advice.