Commonwealth Numbered Acts

PRIVACY LEGISLATION AMENDMENT ACT 2006 (NO. 99, 2006) - SCHEDULE 2

Privacy Act 1988

1  Subsection 6(1)

Insert:

"genetic relative" of an individual (the first individual ) means another individual who is related to the first individual by blood, including but not limited to a sibling, a parent or a descendant of the first individual.

2  Subsection 6(1) (at the end of the definition of health information )

Add:

               ; or (d)  genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.

3  Subsection 6(1) (at the end of the definition of sensitive information )

Add:

               ; or (c)  genetic information about an individual that is not otherwise health information.

4  After section 95A

Insert:

95AA   Guidelines for National Privacy Principles about genetic information

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 National Health and Medical Research Council.

Approving guidelines for use and disclosure

             (2)  For the purposes of subparagraph 2.1(ea)(ii) of the NPPs, the Commissioner may, by legislative instrument, approve guidelines that relate to the use and disclosure of genetic information for the purposes of lessening or preventing a serious threat to the life, health or safety (whether or not the threat is imminent) of an individual who is a genetic relative of the individual to whom the genetic information relates.

Review by AAT

             (3)  Application may be made to the Administrative Appeals Tribunal for review of a decision of the Commissioner to refuse to approve guidelines.

5  After paragraph 2.1(e) of Schedule 3

Insert:

                    (ea)  if the information is genetic information and the organisation has obtained the genetic information in the course of providing a health service to the individual:

                              (i)  the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety (whether or not the threat is imminent) of an individual who is a genetic relative of the individual to whom the genetic information relates; and

                             (ii)  the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95AA for the purposes of this subparagraph; and

                            (iii)  in the case of disclosure--the recipient of the genetic information is a genetic relative of the individual; or