Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 16B

Collection--provision of a health service

  (1)   A permitted health situation exists in relation to the collection by an organisation of health information about an individual if:

  (a)   the information is necessary to provide a health service to the individual; and

  (b)   either:

  (i)   the collection is required or authorised by or under an Australian law (other than this Act); or

  (ii)   the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation.

  (1A)   A permitted health situation exists in relation to the collection by an organisation of health information about an individual (the third party ) if:

  (a)   it is necessary for the organisation to collect the family, social or medical history of an individual (the patient ) to provide a health service to the patient; and

  (b)   the health information about the third party is part of the family, social or medical history necessary for the organisation to provide the health service to the patient; and

  (c)   the health information is collected by the organisation from the patient or, if the patient is physically or legally incapable of giving the information, a responsible person for the patient.

Collection--research etc.

  (2)   A permitted health situation exists in relation to the collection by an organisation of health information about an individual if:

  (a)   the collection is necessary for any of the following purposes:

  (i)   research relevant to public health or public safety;

  (ii)   the compilation or analysis of statistics relevant to public health or public safety;

  (iii)   the management, funding or monitoring of a health service; and

  (b)   that purpose cannot be served by the collection of information about the individual that is de - identified information; and

  (c)   it is impracticable for the organisation to obtain the individual's consent to the collection; and

  (d)   any of the following apply:

  (i)   the collection is required by or under an Australian law (other than this Act);

  (ii)   the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation;

  (iii)   the information is collected in accordance with guidelines approved under section   95A for the purposes of this subparagraph.

Use or disclosure--research etc.

  (3)   A permitted health situation exists in relation to the use or disclosure by an organisation of health information about an individual if:

  (a)   the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety; and

  (b)   it is impracticable for the organisation to obtain the individual's consent to the use or disclosure; and

  (c)   the use or disclosure is conducted in accordance with guidelines approved under section   95A for the purposes of this paragraph; and

  (d)   in the case of disclosure--the organisation reasonably believes that the recipient of the information will not disclose the information, or personal information derived from that information.

Use or disclosure--genetic information

  (4)   A permitted health situation exists in relation to the use or disclosure by an organisation of genetic information about an individual (the first individual ) if:

  (a)   the organisation has obtained the information in the course of providing a health service to the first individual; and

  (b)   the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of another individual who is a genetic relative of the first individual; and

  (c)   the use or disclosure is conducted in accordance with guidelines approved under section   95AA; and

  (d)   in the case of disclosure--the recipient of the information is a genetic relative of the first individual.

Disclosure--responsible person for an individual

  (5)   A permitted health situation exists in relation to the disclosure by an organisation of health information about an individual if:

  (a)   the organisation provides a health service to the individual; and

  (b)   the recipient of the information is a responsible person for the individual; and

  (c)   the individual:

  (i)   is physically or legally incapable of giving consent to the disclosure; or

  (ii)   physically cannot communicate consent to the disclosure; and

  (d)   another individual (the carer ) providing the health service for the organisation is satisfied that either:

  (i)   the disclosure is necessary to provide appropriate care or treatment of the individual; or

  (ii)   the disclosure is made for compassionate reasons; and

  (e)   the disclosure is not contrary to any wish:

  (i)   expressed by the individual before the individual became unable to give or communicate consent; and

  (ii)   of which the carer is aware, or of which the carer could reasonably be expected to be aware; and

  (f)   the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph   (d).