Privacy Act 1988

PART III - INFORMATION PRIVACY  

Division 2 - Australian Privacy Principles  

SECTION 16B   PERMITTED HEALTH SITUATIONS IN RELATION TO THE COLLECTION, USE OR DISCLOSURE OF HEALTH INFORMATION  

Collection - provision of a health service

16B(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.

16B(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.

16B(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.

16B(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

16B(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

16B(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).