Patient heatlh care rights and responsibilities
NSW Health privacy information
An amendment to the Public Health Act 2010 in 2017 means that, consistent with the rest of your health information, HIV information is now available to health care workers involved in providing care, treatment or counselling to you, even if the care, treatment or counselling does not relate directly to your HIV.
If you attend a NSW public health service for an HIV test or for HIV-related treatment your test result and other HIV information will be available to clinicians, nurses and other NSW Health staff involved in providing care to you for any condition.
This change has been made to better manage the care of people living with HIV. HIV is now managed as a chronic condition and there is often a genuine clinical need for care providers to be aware of your HIV status when managing conditions that may not appear to be directly related to HIV infection.
The confidentiality of HIV information remains protected by the Public Health Act and the Health Records and Information Privacy Act 2002 which sets limits on how your health information, including HIV information, can be used and disclosed.
Under these laws, your HIV status may be disclosed to a person involved in your care. This may include staff at any NSW public hospital or health facility, your GP, and private health services.
Serious penalties apply to staff who inappropriately access your information, including disciplinary action and potential criminal charges.
Our clients can access their health records under the GIPA Act or the
Health Records and Information Privacy Act 2002 (HRIPA). The Health Records and Information Privacy Act guides what information we can provide you and what you need to do get access to this information.
When your request has been granted we can provide your information as a hard copy (paper) or you can come and view your health record at the Adahps office, under the supervision of a health care professional or health information manager.
If you have a concern, complaint or compliment relating to Adahps you can talk to our staff or write to the Adahps Service Co-ordinator.