{"id":"F2014L00244","name":"Approval of guidelines issued under Section 95AA of the Privacy Act 1988","slug":"approval-of-guidelines-issued-under-section-95aa-of-the-privacy-act-1988","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128425,"registerId":"commonwealth-F2014L00244-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Approval of guidelines issued under Sect","sectionType":"part","heading":"Approval of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 95AA of the Privacy Act 1988","content":"# Approval of guidelines issued under Section 95AA of the Privacy Act 1988\n\nI, Timothy Pilgrim, Privacy Commissioner, hereby approve pursuant to section 95AA of the Privacy Act 1988 (Privacy Act) guidelines issued by the Chief Executive Officer of the National Health and Medical Research Council (NHMRC) that relate to the use and disclosure of genetic information of an individual to that individual’s genetic relatives, namely, Use and disclosure of genetic information to a patient’s genetic relatives under Section 95AA of the Privacy Act 1988 (Cth) – guidelines for health practitioners in the private sector.\n\nUnder section 95AA, for the purposes of paragraph 16B(4)(c) of the Privacy Act, I may 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 of an individual who is a genetic relative of the individual to whom the genetic information relates.\n\nThe guidelines issued by the NHMRC set out how health practitioners in the private sector may use and disclose genetic information about a patient to the patient’s genetic relatives, in circumstances where the patient has not consented to such use and disclosure. They also set out how health practitioners should first discuss with the patient the need for the use or disclosure and attempt to obtain the consent of the patient.\n\nThis approval has the effect of repealing the Approval by the Privacy Commissioner of guidelines issued under section 95AA of the Privacy Act 1988 (December 2009, FRLI F2009L04608).\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":1857},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The document performs the exact function authorised by section 95AA of the Privacy Act 1988—approving NHMRC guidelines for genetic information disclosure. It updates the 2009 approval without expanding the statutory scope or purpose."},"complexity_factors":["Short, single-purpose administrative instrument (approximately 200 words)","References specific statutory provisions (Privacy Act 1988, sections 95AA and 16B(4)(c))","Straightforward approval mechanism with no conditional logic or exceptions within the instrument itself","External complexity lies in the approved guidelines and the underlying Privacy Act, not this approval document"],"plain_english_summary":"The Privacy Commissioner approves NHMRC guidelines letting private‑sector health practitioners share a patient’s genetic information with at‑risk relatives without the patient’s consent in limited cases—only to prevent a serious threat to a relative’s life, health, or safety and after practitioners have tried and documented attempts to obtain the patient’s consent. It affects private clinicians, patients with hereditary conditions, and unaware relatives, enabling potentially life‑saving warnings while balancing privacy."}},"importantCases":[],"_links":{"self":"/api/acts/approval-of-guidelines-issued-under-section-95aa-of-the-privacy-act-1988","history":"/api/acts/approval-of-guidelines-issued-under-section-95aa-of-the-privacy-act-1988/history","analysis":"/api/acts/approval-of-guidelines-issued-under-section-95aa-of-the-privacy-act-1988/analysis","conflicts":"/api/acts/approval-of-guidelines-issued-under-section-95aa-of-the-privacy-act-1988/conflicts","importantCases":"/api/acts/approval-of-guidelines-issued-under-section-95aa-of-the-privacy-act-1988/important-cases","documents":"/api/acts/approval-of-guidelines-issued-under-section-95aa-of-the-privacy-act-1988/documents"}}