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AUSTRALIAN INSTITUTE OF HEALTH AND WELFARE ACT 1987 - SECT 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981

AUSTRALIAN INSTITUTE OF HEALTH AND WELFARE ACT 1987 - SECT 30

Restricted application of the Epidemiological Studies (Confidentiality) Act 1981

  (1)   The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act ) does not apply to anything done in the exercise of a power or performance of a function under this Act.

  (2)   Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:

  (a)   communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and

  (b)   give the Institute access to documents prepared or obtained in the conduct of that study.

  (3)   It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.

  (4)   In this section:

  (a)   epidemiological study has the same meaning as in the Confidentiality Act; and

  (b)   prescribed study has the same meaning as in the Confidentiality Act.