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Where am I now? Lawlink > privacynsw > NSW Privacy Laws > Complaints made to Privacy NSW under the HRIP Act
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Complaints made to Privacy NSW under the HRIP Act
This page explains how Privacy NSW deals with complaints against private sector persons or organisations, about their handling of health information under the HRIP Act.
(Complaints against public sector agencies are dealt with through a different process. See here for more about that process.)
What we can do about complaints
If we deem it appropriate, and if both parties agree, we will endeavour to resolve the matter by conciliation. Choosing conciliation as the option for a complaint means the matter ends with the conciliation process.
Alternatively we can investigate the matter further, and then issue a written report to both parties, stating our findings and recommendations. Our report is not binding, and so it is up to both parties to decide whether or not they are going to follow any of our recommendations. If the complainant is still not satisfied after this process, they can ask the Administrative Decisions Tribunal (the Tribunal) to conduct a review of their complaint. The complainant should ask the Tribunal to do this within 28 days of receiving the written report from Privacy NSW (or a later date if our report sets a later date). The Tribunal may order the respondent to change its practices, apologise, or take some steps to remedy any damage suffered by the complainant. Click here for more information about privacy cases in the Tribunal.
How does Privacy NSW determine if there has been a breach of the HRIP Act?
When a formal written complaint is received, we may conduct a preliminary assessment. We may need to ask the complainant for more details. Once we decide to deal with a complaint, the person or organisation complained about (the respondent) is given details of the complaint and asked to comment on the alleged facts and privacy issues.
The complaint will then be assessed against the HPPs. That is, we will assess whether or not the respondent has complied with the HPPs.
If the complaint is about the keeping of health information or a refusal to allow the complainant to access or amend their health information, the special rules on keeping and providing access to health information in Part 4 of the HRIP Act will also be relevant. That is, we will assess whether or not the respondent has complied with those rules.
Limits on making a complaint
We ask people wishing to make formal complaints to do so in writing. Where necessary, staff can arrange for translator and interpreter services or provide other forms of assistance for complainants with communication difficulties.
Complaints should be sent to us within 6 months of the complainant first becoming aware of the conduct or decision they are complaining about. A longer time period may be granted in some circumstances. (More information about our policy on time limits).
How long will it take?
The investigation of a complaint may involve just a few phone calls or it may take several months, depending on its complexity and the willingness of parties to cooperate. We aim to acknowledge all written complaints within five working days of receipt and, if a complaint is likely to take some months to resolve, we will provide regular progress reports.
Can a complaint be anonymous?
Yes. However sometimes the respondent may be unable to respond to a complaint without knowing the complainant's identity. An anonymous complaint may therefore have a low chance of being resolved. There is also a risk that the respondent may guess the complainant's identity from the substance of their complaint.
What if Privacy NSW is not the best organisation to handle my complaint?
If Privacy NSW feels that we are not the best organisation to deal with a complaint, and if the complainant gives us their express consent, we will pass the complaint on to a more appropriate government agency.
To facilitate this, Privacy NSW has entered into an Information Sharing Arrangement and a Complaint Referral Arrangement with the NSW Ombudsman, the Health Care Complaints Commissioner, the Anti-Discrimination Board and the Legal Services Commissioner. These Arrangements enable the signatory agencies to refer a complaint to another agency if that agency has the powers to deal with it. For more information you can read the Information Sharing and Complaint Referral Arrangements.
Otherwise, we may simply suggest that the complainant approach a more appropriate organisation for assistance.
A number of other organisations deal with complaints involving privacy issues:
Where can I find out more?
You can read Privacy NSW’s Protocol for the Handling of Complaints which explains what we do in more detail.
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