{"id":"F2014L00243","name":"Approval of guidelines issued under Section 95A of the Privacy Act 1988","slug":"approval-of-guidelines-issued-under-section-95a-of-the-privacy-act-1988","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128424,"registerId":"commonwealth-F2014L00243-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Approval of guidelines issued under Sect","sectionType":"part","heading":"Approval of guidelines issued under Section 95A of the Privacy Act 1988","content":"# Approval of guidelines issued under Section 95A of the Privacy Act 1988\n\nI, Timothy Pilgrim, Privacy Commissioner, hereby approve pursuant to subsections 95A(2) and (4) of the Privacy Act 1988 (the Privacy Act) the guidelines issued by the Chief Executive Officer of the National Health and Medical Research Council for the purposes of paragraph 16B(3)(c) and subparagraph 16B(2)(d)(iii) of the Privacy Act, namely, Guidelines approved under Section 95A of the Privacy Act 1988.\n\nUnder section 95A(2), for the purposes of paragraph 16B(3)(c), I may 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.\n\nUnder section 95A(4), for the purposes of paragraph 16B(2), I may approve guidelines that relate to the collection of health information for the purposes of:\n\n1.  research, or the compilation or analysis of statistics, relevant to public health or public safety; or\n2.  the management, funding or monitoring of a health service.\n\nThis approval has the effect of repealing the approval by the Privacy Commissioner of the Guidelines approved under Section 95A of the Privacy Act 1988 (December 2001, FRLI F2008B00222).\n\nThis approval takes effect on 12 March 2014.\n\n\\[signed\\]\n\nTimothy Pilgrim  \nPrivacy Commissioner\n\n  \n4 March 2014","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1931},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a routine statutory approval updating superseded guidelines from 2001. It operates strictly within the framework established by section 95A of the Privacy Act 1988 and does not expand the legislative scope beyond the original intent of permitting research-related health information handling."},"complexity_factors":["Multiple cross-references to Privacy Act sections 95A and 16B without reproducing those provisions","Approval of external guidelines not fully contained within the instrument text","Distinction between permissions for 'collection' versus 'use and disclosure' requiring separate statutory subsections"],"plain_english_summary":"The Privacy Commissioner formally approves national guidelines (drafted by the NHMRC CEO) that let health organisations collect, use, or disclose patient health information without consent for specific public-interest purposes — primarily medical research, public‑health statistics, and health‑service management.  \n\nEffective 12 March 2014 and replacing the December 2001 guidelines, the approval creates legal privacy exemptions designed to balance individual privacy with the public benefits of research and health planning."}},"importantCases":[],"_links":{"self":"/api/acts/approval-of-guidelines-issued-under-section-95a-of-the-privacy-act-1988","history":"/api/acts/approval-of-guidelines-issued-under-section-95a-of-the-privacy-act-1988/history","analysis":"/api/acts/approval-of-guidelines-issued-under-section-95a-of-the-privacy-act-1988/analysis","conflicts":"/api/acts/approval-of-guidelines-issued-under-section-95a-of-the-privacy-act-1988/conflicts","importantCases":"/api/acts/approval-of-guidelines-issued-under-section-95a-of-the-privacy-act-1988/important-cases","documents":"/api/acts/approval-of-guidelines-issued-under-section-95a-of-the-privacy-act-1988/documents"}}