---
title: "Request access under Health Privacy Principle 7, which states no fixed number of days"
url: "https://ailawframework.com/practice/health-and-medical-law/request-the-patient-s-health-records-from-each-service-that-treated-them/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-MN20261023-1-NSW"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Request access under Health Privacy Principle 7, which states no fixed number of days

> 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.…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/request-the-patient-s-health-records-from-each-service-that-treated-them/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Health & Medical Law](https://ailawframework.com/practice/health-and-medical-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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). |
| Written for | New South Wales |
| Applies to | [Request the patient's health records from each service that treated them](https://ailawframework.com/practice/health-and-medical-law/request-the-patient-s-health-records-from-each-service-that-treated-them.md) |

## Checking plan

**Verify against sources**

Health Privacy Principle 7 requires access at the individual's request without excessive delay or expense. A note says public-sector access may also be under the Government Information (Public Access) Act 2009 or the State Records Act 1998.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Draft the request to the holder the lawyer has named, for the date range the lawyer has set.
2. State the standard as Principle 7 states it: without excessive delay or expense. Do not add a day count.
3. 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.
4. Principle 7(2) says compliance is not required where an Act or other law permits non-compliance. The lawyer decides whether that applies.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales. A request for the patient's health information.

**Deliverable**: A draft request that uses Principle 7 and no invented day count.

**Inputs**

- Services the lawyer has named
- The date range the lawyer has set

**Example**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Health Records and Information Privacy Act 2002 (NSW) Schedule 1](https://classic.austlii.edu.au/au/legis/nsw/consol_act/hraipa2002370/sch1.html) (checked 2026-10-23)
- [Supreme Court of NSW Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Complaint notification to a health provider (Health Complaints Commissioner)](https://ailawframework.com/precedents/health-and-medical-law/form-vic-hcc-complaint-notification.md) | Form | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*