Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 95A

Overview

             (1)  This section allows the Commissioner to approve for the purposes of the National Privacy Principles (the NPPs ) guidelines that are issued by the CEO of the National Health and Medical Research Council or a prescribed authority.

Approving guidelines for use and disclosure

             (2)  For the purposes of subparagraph 2.1(d)(ii) of the NPPs, the Commissioner may, by notice in the Gazette , approve guidelines that relate to the use and disclosure of health information for the purposes of research, or the compilation or analysis of statistics, relevant to public health or public safety.

Public interest test

             (3)  The Commissioner may give an approval under subsection (2) only if satisfied that the public interest in the use and disclosure of health information for the purposes mentioned in that subsection in accordance with the guidelines substantially outweighs the public interest in maintaining the level of privacy protection afforded by the NPPs (other than paragraph 2.1(d)).

Approving guidelines for collection

             (4)  For the purposes of subparagraph 10.3(d)(iii) of the NPPs, the Commissioner may, by notice in the Gazette , approve guidelines that relate to the collection of health information for the purposes of:

                     (a)  research, or the compilation or analysis of statistics, relevant to public health or public safety; or

                     (b)  the management, funding or monitoring of a health service.

Public interest test

             (5)  The Commissioner may give an approval under subsection (4) only if satisfied that the public interest in the collection of health information for the purposes mentioned in that subsection in accordance with the guidelines substantially outweighs the public interest in maintaining the level of privacy protection afforded by the NPPs (other than paragraph 10.3(d)).

Revocation of approval

             (6)  The Commissioner may, by notice in the Gazette , revoke an approval of guidelines under this section if he or she is no longer satisfied of the matter that he or she had to be satisfied of to approve the guidelines.

Review by AAT

             (7)  Application may be made to the Administrative Appeals Tribunal for review of a decision of the Commissioner to refuse to approve guidelines or to revoke an approval of guidelines.