Request access under Health Privacy Principle 7, which states no fixed number of days
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the services the lawyer has named, draft the request for the date range the lawyer has set, and state that Principle 7 requires access without excessive delay or expense. Do not insert a number of days. Leave the request as a draft.
- What the lawyer must review
- The lawyer sends the request. Principle 7 states no fixed number of days.
- Do not copy a 45-day or 30-day figure onto this request.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. A request for the patient's health information.
Produce. A draft request that uses Principle 7 and no invented day count.
Have ready. Services the lawyer has named; The date range the lawyer has set.
Example of the limit. Illustrative example: The holder is a clinic. The draft asks for the date range and cites access without excessive delay or expense. It does not say 45 days.
Stop and hand it back when
- The tool is asked to insert a day count the principle does not state.
- The tool is asked to collect a My Health Record.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the services the lawyer has named, draft the request for the date range the lawyer has set, and state that Principle 7 requires access without excessive delay or expense. Do not insert a number of days. Leave the request as a draft. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Draft the request to the holder the lawyer has named, for the date range the lawyer has set.
- State the standard as Principle 7 states it: without excessive delay or expense. Do not add a day count.
- The note to Principle 7 says access held by public sector agencies may also be available under the Government Information (Public Access) Act 2009 or the State Records Act 1998. Those Acts were not opened.
- Principle 7(2) says compliance is not required where an Act or other law permits non-compliance. The lawyer decides whether that applies.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Complaint notification to a health provider (Health Complaints Commissioner) | Form | AI use Yellow | Link to the Commissioner's short complaint notification, sent to the provider, which asks for a response within 30 working days. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Health Records and Information Privacy Act 2002 (NSW) Schedule 1 · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Do not collect records from a My Health Record system. That Act was not opened. The draft is not sent until the lawyer sends it.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.