{"id":"C2023A00095","name":"National Occupational Respiratory Disease Registry Act 2023","slug":"national-occupational-respiratory-disease-registry-act-2023","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"95 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":44715,"registerId":"commonwealth-C2023A00095-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"An Act to establish the National Occupational Respiratory Disease Registry, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Short title\n\n This Act is the National Occupational Respiratory Disease Registry Act 2023.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

22 May 2024

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object of this Act\n\n The object of this Act is to establish a National Occupational Respiratory Disease Registry that will record the incidence of occupational respiratory diseases in Australia and assist in preventing further worker exposure to respiratory disease‑causing agents.\n\n#### 4 Simplified outline of this Act\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (Part 2).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nThere are protections for sensitive information (Part 3).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\nFees may be charged in relation to the disclosure of protected information in certain circumstances (section 31).\n\nCertain matters are to be prescribed by rules made by the Minister, or determinations made by the Director‑General of the CDC. The rules and determinations are disallowable legislative instruments (sections 12, 31 and 33).\n\n#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to be prosecuted for an offence.\n\n> Note: See subsection 28(4) in relation to civil penalties.\n\n#### 6 Act extends to external Territories\n\n This Act extends to every external Territory.\n\n#### 7 Concurrent operation of State and Territory laws\n\n (1) This Act does not exclude or limit the operation of a law of a State or Territory relating to the use, reporting or other disclosure of information concerning occupational respiratory diseases, to the extent that the law of the State or Territory is capable of operating concurrently with this Act.\n (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:\n (a) the law makes an act or omission:\n (i) an offence; or\n (ii) subject to a civil penalty; and\n (b) that (or any similar) act or omission is also:\n (i) an offence against a provision of this Act; or\n (ii) subject to a civil penalty under this Act.\n (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty:\n (a) provides for a penalty that differs from the penalty provided by this Act;\n (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act;\n (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.\n\n### Division 2—Interpretation\n\n#### 8 Definitions\n\n In this Act:\n\n> additional notification information has the meaning given by subsection 12(3).\n\n> approved form means a form approved under section 29.\n\n> Australia, when used in a geographical sense, includes every external Territory.\n\n> Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 9.\n\n> Commonwealth authority means a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n> contracted service provider means a person who is engaged under an agreement in force under section 30.\n\n> Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.\n\n> enforcement body means any of the following:\n\n (a) the Australian Federal Police;\n (b) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (c) the Australian Crime Commission;\n (d) the Office of the Director of Public Prosecutions.\n\n> enforcement related activity has the same meaning as in the Privacy Act 1988.\n\n> entity means any of the following:\n\n (a) a person;\n (b) a partnership;\n (c) any other unincorporated association or body;\n (d) a trust;\n (e) a part of another entity (under a previous application of this definition).\n\n> healthcare means a health service within the meaning of subsection 6(1) of the Privacy Act 1988.\n\n> minimum notification information has the meaning given by subsection 12(2).\n\n> National Registry means the National Occupational Respiratory Disease Registry established under section 11.\n\n> non‑prescribed occupational respiratory disease means an occupational respiratory disease that is not a prescribed occupational respiratory disease.\n\n> occupational respiratory disease means a medical condition associated with an individual’s respiratory system that is likely to have been caused or exacerbated, in whole or in part, by the individual’s work or workplace.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is incapable of managing the individual’s health affairs; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> prescribed medical practitioner means a medical practitioner of a kind prescribed by the rules.\n\n> prescribed occupational respiratory disease means an occupational respiratory disease prescribed by the rules.\n\n> protected information means personal information, workplace identifying information or information that is commercial‑in‑confidence, to the extent that the information is:\n\n (a) included in the National Registry or obtained under, or in accordance with, this Act; or\n (b) derived from a record of information that was included in the National Registry or was obtained under, or in accordance with, this Act; or\n (c) derived from a disclosure or use of information that was included in the National Registry or was obtained under, or in accordance with, this Act.\n\n> purposes of the National Registry means the purposes set out in section 13.\n\n> registration authority means an entity that is responsible under a law for registering members of a particular health profession.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant State or Territory authority means a State or Territory authority that:\n\n (a) has functions in relation to, or that is responsible for or deals with, occupational health and safety in the State or Territory; or\n (b) has functions in relation to, or that is responsible for or deals with, health in the State or Territory; or\n (c) is prescribed by the rules.\n\n> research:\n\n (a) means research relating to occupational respiratory diseases; and\n (b) includes research relating to the causes, incidence, prevalence, nature, extent and trends of occupational respiratory diseases.\n\n> respiratory disease‑causing agents means agents such as dusts, gases, fumes, vapours, mists, fungi and fibres that can cause or contribute to an occupational respiratory disease.\n\n> rules means rules made under subsection 33(1).\n\n> State or Territory authority has the same meaning as in the Privacy Act 1988.\n\n> State or Territory Health Minister means the State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n\n> workplace identifying information:\n\n (a) means information about an identified, or reasonably identifiable, workplace; and\n (b) includes information that identifies, or could be used to identify, an employer or business.\n\n#### 9 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n## Part 2—National Occupational Respiratory Disease Registry\n\n### Division 1—Simplified outline of this Part\n\n#### 10 Simplified outline of this Part\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information relating to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (section 12).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nA prescribed medical practitioner who has diagnosed an individual with an occupational respiratory disease may be authorised or required to notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry. A prescribed medical practitioner who is treating an individual for an occupational respiratory disease may also notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry (Division 3).\n\nThe Director‑General of the CDC may vary information included in the National Registry (Division 4).\n\n### Division 2—Establishment, contents and purposes\n\n#### 11 Establishment of the National Registry\n\n (1) The Commonwealth must establish and keep a registry to be called the National Occupational Respiratory Disease Registry.\n (2) The National Registry may be kept by electronic means.\n (3) Parts of the National Registry may be kept separate from each other, and be called different names.\n (4) The National Registry is not a legislative instrument.\n\n#### 12 Contents of the National Registry\n\n (1) The National Registry may include the following information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease:\n (a) minimum notification information;\n (b) additional notification information;\n (c) any other information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this paragraph.\n (2) Minimum notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (3) Additional notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information (other than minimum notification information) that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (4) The Director‑General of the CDC may, by legislative instrument, determine the following:\n (a) information for the purposes of paragraph (1)(c);\n (b) information for the purposes of subsection (2);\n (c) information for the purposes of subsection (3).\n\n#### 13 Purposes of the National Registry\n\n (1) The purposes of the National Registry are to facilitate the following:\n (a) collecting, storing, analysing and publishing by electronic means information relating to the diagnosis and progression of occupational respiratory diseases in Australia;\n (b) collecting, analysing and publishing statistics in relation to occupational respiratory diseases in Australia;\n (c) providing statistics in relation to occupational respiratory diseases in Australia to States and Territories and to prescribed medical practitioners;\n (d) for the benefit of the nation:\n (i) monitoring the incidence of occupational respiratory diseases in Australia; and\n (ii) taking preventative action;\n (e) any activities that are incidental to the above purposes.\n (2) The purposes of the National Registry also include to facilitate the following:\n (a) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents:\n (i) to enable the application of timely and targeted interventions and prevention activities to reduce further worker exposure and disease; and\n (ii) to assist with compliance and enforcement activities in relation to occupational health and safety matters;\n (b) providing prescribed medical practitioners with access to information included in the National Registry in relation to an individual who has been diagnosed with an occupational respiratory disease for the purpose of providing healthcare to the individual in relation to the disease;\n (c) monitoring the quality and effectiveness of policy and regulatory arrangements in relation to occupational respiratory diseases to inform and enhance policy development, programs and decision‑making relating to the prevention of occupational respiratory diseases;\n (d) planning, delivering and promoting healthcare and associated services in relation to occupational respiratory diseases;\n (e) identifying individuals for inclusion in clinical trials or observational studies in relation to occupational respiratory diseases;\n (f) research (as defined in section 8);\n (g) any activities that are incidental to the above purposes.\n Constitutional basis—subsection (2)\n (3) Subparagraph (2)(a)(i) and paragraphs (2)(b) to (g) rely on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under the following:\n (a) paragraph 1 of Article 2 and subparagraphs (b), (c) and (d) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966;\n (b) Articles 4 and 8 and subparagraph (c) of Article 11 of the International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment done at Geneva on 22 June 1981;\n (c) the Protocol of 2002 to the Occupational Safety and Health Convention 1981 done at Geneva on 20 June 2002.\n\n> Note 1: The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 (\\[1976\\] ATS 5) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment is in Australian Treaty Series 2005 No. 11 (\\[2005\\] ATS 11) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 3: The Protocol of 2002 to the Occupational Safety and Health Convention 1981 is in Australian Treaty Series 2012 No. 26 (\\[2012\\] ATS 26) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (4) Subparagraph (2)(a)(ii) relies on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under paragraph 1 of Article 2 and subparagraphs (b) and (c) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.\n (5) Paragraph (2)(b) also relies on the legislative power that the Parliament has under the Constitution with respect to the provision of medical services.\n (6) Paragraphs (2)(c), (d) and (f) also rely on the legislative power that the Parliament has under the Constitution with respect to:\n (a) the executive power of the Commonwealth; or\n (b) matters incidental to the execution of any of the legislative powers of the Parliament.\n\n### Division 3—Notifying information for the National Registry\n\n#### 14 Notifying information about prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information must be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with an occupational respiratory disease at or after the commencement of this Act; and\n (b) at the time the diagnosis is made, the occupational respiratory disease is a prescribed occupational respiratory disease;\n the prescribed medical practitioner must notify the Director‑General of the CDC, in an approved form and by the time, or within the period, prescribed by the rules, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (5)).\n\n (2) Subsection (1) applies whether or not the individual consents to the notification of the information under that subsection.\n Civil penalty provision\n (3) A person is liable to a civil penalty if the person contravenes subsection (1).\n\nCivil penalty: 30 penalty units.\n\n Continuing contraventions\n (4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.\n Additional information may be notified\n (5) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 15 Notifying information about prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner has diagnosed an individual with a prescribed occupational respiratory disease before the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, without obtaining the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (4) If information in relation to an individual who has been diagnosed with a prescribed occupational respiratory disease is included in the National Registry under section 14 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (5), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (5) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (4) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 16 Notifying information about non‑prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) Subject to subsection (2), a prescribed medical practitioner who diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) for the purpose of complying with a requirement under a law of a State or Territory, the medical practitioner is required to notify the Director‑General of the CDC, in an approved form, of the diagnosis of that disease in relation to the individual;\n the medical practitioner may, without obtaining the individual’s consent, notify the Director‑General, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 17 Notifying information about non‑prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease (whether the diagnosis was made before, or is made at or after, the commencement of this Act); and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (2)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the non‑prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (2) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (3) If information in relation to an individual who has been diagnosed with a non‑prescribed occupational respiratory disease is included in the National Registry under section 16 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (4), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (4) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (3) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 18 Director‑General of the CDC or contracted service provider may request individual to provide additional notification information\n\n (1) If a prescribed medical practitioner has notified the Director‑General of the CDC of the minimum notification information in relation to an individual under section 14, 15, 16 or 17, the Director‑General, or a contracted service provider, may request, in writing, the individual to give the Director‑General, or the contracted service provider, additional notification information in relation to the individual as specified in the request.\n\n> Note: For additional notification information, see subsection 12(3).\n\n (2) A request under subsection (1) may:\n (a) be made by electronic communication; and\n (b) ask the individual to give the specified information by electronic communication.\n (3) An individual who receives a request under subsection (1) is not obliged to comply with the request.\n\n### Division 4—Variation of information in the National Registry\n\n#### 19 Variation of information included in the National Registry\n\n Director‑General of the CDC must correct personal information on request by individual\n (1) An individual may request the Director‑General of the CDC, in writing, to correct personal information in relation to the individual that is included in the National Registry.\n (2) If the Director‑General of the CDC receives a request under subsection (1) to correct personal information in relation to an individual, the Director‑General must correct the information to ensure that, having regard to the purpose for which the information is included in the National Registry, the information is accurate, up‑to‑date, complete, relevant and not misleading.\n Director‑General of the CDC may correct minor errors etc.\n (3) The Director‑General of the CDC may, on the Director‑General’s own initiative, vary information included in the National Registry:\n (a) to correct a minor or technical error; or\n (b) to ensure that correct and consistent terminology is used.\n\n## Part 3—Dealing with information in the National Registry\n\n#### 20 Simplified outline of this Part\n\nInformation may be collected for inclusion in the National Registry (subsection 21(1)).\n\nPersonal information, workplace identifying information and information that is commercial‑in‑confidence that is included in the National Registry, or is derived from information included in the National Registry, is protected information.\n\nRecording, disclosure and use of protected information is authorised in specific circumstances, including for the purposes of the National Registry, by prescribed medical practitioners and for research (sections 21 and 22).\n\nIt is an offence for a person to make a record of, disclose or otherwise use protected information, without authorisation (section 23).\n\nThere are exceptions to the offence (sections 24 and 25).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\n#### 21 Authorised dealings with information—general\n\n Including information etc. in the National Registry\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) workplace identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including information in the National Registry.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Certain information in relation to an individual may be collected and recorded in the National Registry under Part 2 only with the individual’s consent.\n\n Authorised collection, disclosure or other use of information in the National Registry\n (2) A person may collect, make a record of, disclose or otherwise use protected information included in the National Registry, if:\n (a) the person does so for the purposes of the National Registry and is:\n (i) an officer or employee of the Commonwealth or a Commonwealth authority; or\n (ii) engaged by the Commonwealth, or a Commonwealth authority, to perform work relating to the purposes of the National Registry; or\n (iii) an officer or employee of a person referred to in subparagraph (ii), or engaged by a person referred to in subparagraph (ii) to perform work relating to the purposes of the National Registry; or\n (b) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the information is about a diagnosis, or the progression, of an occupational respiratory disease in relation to an individual;\n (iii) the collection, recording, disclosure or use is for the purposes of providing healthcare to the individual in relation to the occupational respiratory disease; or\n (c) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the person has diagnosed an individual with an occupational respiratory disease, or is treating an individual for an occupational respiratory disease;\n (iii) the collection, recording, disclosure or use is for the purpose of checking whether information in relation to the individual is included in the National Registry; or\n (d) the person does so for the purposes of performing the person’s functions or duties, or exercising the person’s powers, under this Act; or\n (e) the person is required or authorised to do so by or under a law of the Commonwealth, or of a State or Territory; or\n (f) all of the following apply:\n (i) the person is the Director‑General of the CDC;\n (ii) the collection, recording, disclosure or use is for the purposes of disclosing information to an enforcement body;\n (iii) the person reasonably believes that the information is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, the enforcement body; or\n (g) the information is disclosed to the person under this section, and the collection, recording, disclosure or use is for the purpose for which the information was disclosed to the person; or\n (h) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (i) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Restrictions on collection, recording, disclosure or use of certain protected information for the purposes of research\n (3) However, the following information in relation to an individual must not be disclosed to a person under subsection (2) for the purposes of research:\n (a) information that identifies, or could be used to identify, the most recent workplace, or the main workplace, where the individual was exposed to a respiratory disease‑causing agent;\n (b) information that identifies, or could be used to identify, the prescribed medical practitioner who notified information in relation to the individual under Part 2;\n (c) any other kind of information that is prescribed by the rules.\n\n> Note: For research, see section 8.\n\n (4) Collection, recording, disclosure or use of personal information for the purposes of research of a kind to which guidelines approved under section 95 or 95A of the Privacy Act 1988 relate is authorised under paragraph (2)(a) or (g) of this section only if:\n (a) the collection, recording, use or disclosure is in accordance with the guidelines; and\n (b) in the case of disclosure—the disclosure is not prohibited by subsection (3) of this section.\n\n#### 22 Authorised dealings with information—Commonwealth authorities and State or Territory authorities\n\n Commonwealth authorities\n (1) The Director‑General of the CDC, or a contracted service provider, may disclose any minimum notification information in relation to an individual that is included in the National Registry and is protected information:\n (a) to a Commonwealth authority prescribed by the rules; and\n (b) for purposes connected with the performance of functions, or the exercise of powers, of the Commonwealth authority.\n\n> Note 1: For Commonwealth authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (2) A Commonwealth authority to which protected information is disclosed under subsection (1) may collect, make a record of, disclose or otherwise use that information for any of the purposes for which the information was disclosed to the Commonwealth authority.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n State or Territory authorities\n (3) The Director‑General of the CDC, or a contracted service provider, may disclose to a relevant State or Territory authority, for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f), any minimum notification information in relation to an individual that is included in the National Registry and is protected information if the individual:\n (a) resides in the State or Territory; or\n (b) was exposed to a respiratory disease‑causing agent in the State or Territory; or\n (c) was diagnosed with an occupational respiratory disease in the State or Territory.\n\n> Note 1: For relevant State or Territory authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (4) A relevant State or Territory authority to which protected information is disclosed under subsection (3) may collect, make a record of, disclose or otherwise use that information for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f).\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is protected information; and\n (c) the making of the record, disclosure or use, is not authorised by a provision of this Part.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, disclosure or use of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates included a reference to the person’s personal representative.\n\n> Note: For personal representative, see section 8.\n\n#### 25 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Reports including statistical and other information relating to information included in the National Registry\n\n (1) The Director‑General of the CDC must, as soon as practicable after 30 June in each year, publish a report including the following information:\n (a) the number of notifications of each prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (b) the number of notifications of each non‑prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (c) aggregate information and statistics about the occupation, main job task, industry and State of residence of diagnosed individuals at the time they were exposed to respiratory disease‑causing agents.\n\n> Note: See subsection (6) in relation to the first report published under this subsection.\n\n (2) The Director‑General of the CDC may at any time, for the purposes of the National Registry:\n (a) prepare statistical reports at a national level relating to information that is:\n (i) included in the National Registry; and\n (ii) of a kind prescribed by the rules; and\n (b) make the reports available to relevant State or Territory authorities and prescribed medical practitioners.\n (3) The Director‑General of the CDC may at any time, for the purposes of the National Registry, publish reports relating to information that is:\n (a) included in the National Registry; and\n (b) of a kind prescribed by the rules.\n The reports may include statistical and other information.\n (4) If protected information is to be published or otherwise made available under this section, the Director‑General of the CDC must, before publishing the information or making it available, take such steps as are reasonable in the circumstances to ensure that the information is de‑identified.\n (5) For the purposes of subsection (4), information is de‑identified if the information is no longer about:\n (a) an identifiable individual or an individual who is reasonably identifiable; or\n (b) an identified workplace, employer or business or a workplace, employer or business that is reasonably identifiable.\n (6) If this Act commences on a day other than 1 July in a year, subsection (1) has effect in relation to the first report required to be published under that subsection as if each reference to the period of 12 months ending on that 30 June were a reference to the period starting on the day this Act commences and ending on that 30 June.\n\n## Part 4—Other matters\n\n#### 27 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, agreements, fees, delegations and rules.\n\n#### 28 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Director‑General of the CDC;\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n Liability of Crown\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.\n\n#### 29 Approved forms\n\n The Director‑General of the CDC may, in writing, approve a form for the purposes of a provision of this Act.\n\n#### 30 Agreements\n\n The Director‑General of the CDC may, on behalf of the Commonwealth, engage a person under a written agreement to perform services for, or on behalf of, the Commonwealth in connection with functions of the Commonwealth or the Director‑General under this Act.\n\n#### 31 Fees\n\n (1) The Director‑General of the CDC may, on behalf of the Commonwealth, charge a fee in relation to the disclosure of protected information to a person (other than a Commonwealth authority) under section 21 or 22 if the disclosure is made in response to a specific request by the person.\n (2) The amount of the fee that may be charged under subsection (1) is the amount:\n (a) determined by the Director‑General of the CDC by legislative instrument; or\n (b) worked out in accordance with a method determined by the Director‑General by legislative instrument.\n (3) A legislative instrument under paragraph (2)(a) or (b) may determine different amounts, or different methods for working out amounts (as the case may be), having regard to the form or manner in which protected information is disclosed.\n (4) A fee that is due and payable to the Commonwealth under subsection (1) may be recovered as a debt that is due to the Commonwealth by action in:\n (a) the Federal Court of Australia; or\n (b) the Federal Circuit and Family Court of Australia (Division 2); or\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n (5) A fee charged under subsection (1) must not be such as to amount to taxation.\n\n#### 32 Delegation\n\n Minister’s functions and powers\n (1) The Minister may, in writing, delegate the Minister’s functions or powers under section 9 (commercial‑in‑confidence information) to:\n (a) the Director‑General of the CDC; or\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Director‑General of the CDC’s functions and powers\n (3) The Director‑General of the CDC may, in writing, delegate the Director‑General’s functions or powers under this Act (other than subsection 12(4)) to an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Delegate must comply with directions of delegator\n (4) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the person who delegated the function or power.\n\n#### 33 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before making rules for the purposes of the definition of prescribed occupational respiratory disease in section 8, the Minister must:\n (a) consult the Director‑General of the CDC; and\n (b) consult the relevant State or Territory authorities of each State or Territory through the State or Territory Health Minister; and\n (c) have regard to the submissions (if any) made by the Director‑General or a State or Territory Health Minister because of that consultation.\n\n> Note: For relevant State or Territory authority, see section 8.\n\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":0},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"An Act to establish the National Occupational Respiratory Disease Registry, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Short title\n\n This Act is the National Occupational Respiratory Disease Registry Act 2023.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

22 May 2024

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object of this Act\n\n The object of this Act is to establish a National Occupational Respiratory Disease Registry that will record the incidence of occupational respiratory diseases in Australia and assist in preventing further worker exposure to respiratory disease‑causing agents.\n\n#### 4 Simplified outline of this Act\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (Part 2).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nThere are protections for sensitive information (Part 3).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\nFees may be charged in relation to the disclosure of protected information in certain circumstances (section 31).\n\nCertain matters are to be prescribed by rules made by the Minister, or determinations made by the Director‑General of the CDC. The rules and determinations are disallowable legislative instruments (sections 12, 31 and 33).\n\n#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to be prosecuted for an offence.\n\n> Note: See subsection 28(4) in relation to civil penalties.\n\n#### 6 Act extends to external Territories\n\n This Act extends to every external Territory.\n\n#### 7 Concurrent operation of State and Territory laws\n\n (1) This Act does not exclude or limit the operation of a law of a State or Territory relating to the use, reporting or other disclosure of information concerning occupational respiratory diseases, to the extent that the law of the State or Territory is capable of operating concurrently with this Act.\n (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:\n (a) the law makes an act or omission:\n (i) an offence; or\n (ii) subject to a civil penalty; and\n (b) that (or any similar) act or omission is also:\n (i) an offence against a provision of this Act; or\n (ii) subject to a civil penalty under this Act.\n (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty:\n (a) provides for a penalty that differs from the penalty provided by this Act;\n (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act;\n (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.\n\n### Division 2—Interpretation\n\n#### 8 Definitions\n\n In this Act:\n\n> additional notification information has the meaning given by subsection 12(3).\n\n> approved form means a form approved under section 29.\n\n> Australia, when used in a geographical sense, includes every external Territory.\n\n> Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 9.\n\n> Commonwealth authority means a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n> contracted service provider means a person who is engaged under an agreement in force under section 30.\n\n> Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.\n\n> enforcement body means any of the following:\n\n (a) the Australian Federal Police;\n (b) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (c) the Australian Crime Commission;\n (d) the Office of the Director of Public Prosecutions.\n\n> enforcement related activity has the same meaning as in the Privacy Act 1988.\n\n> entity means any of the following:\n\n (a) a person;\n (b) a partnership;\n (c) any other unincorporated association or body;\n (d) a trust;\n (e) a part of another entity (under a previous application of this definition).\n\n> healthcare means a health service within the meaning of subsection 6(1) of the Privacy Act 1988.\n\n> minimum notification information has the meaning given by subsection 12(2).\n\n> National Registry means the National Occupational Respiratory Disease Registry established under section 11.\n\n> non‑prescribed occupational respiratory disease means an occupational respiratory disease that is not a prescribed occupational respiratory disease.\n\n> occupational respiratory disease means a medical condition associated with an individual’s respiratory system that is likely to have been caused or exacerbated, in whole or in part, by the individual’s work or workplace.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is incapable of managing the individual’s health affairs; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> prescribed medical practitioner means a medical practitioner of a kind prescribed by the rules.\n\n> prescribed occupational respiratory disease means an occupational respiratory disease prescribed by the rules.\n\n> protected information means personal information, workplace identifying information or information that is commercial‑in‑confidence, to the extent that the information is:\n\n (a) included in the National Registry or obtained under, or in accordance with, this Act; or\n (b) derived from a record of information that was included in the National Registry or was obtained under, or in accordance with, this Act; or\n (c) derived from a disclosure or use of information that was included in the National Registry or was obtained under, or in accordance with, this Act.\n\n> purposes of the National Registry means the purposes set out in section 13.\n\n> registration authority means an entity that is responsible under a law for registering members of a particular health profession.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant State or Territory authority means a State or Territory authority that:\n\n (a) has functions in relation to, or that is responsible for or deals with, occupational health and safety in the State or Territory; or\n (b) has functions in relation to, or that is responsible for or deals with, health in the State or Territory; or\n (c) is prescribed by the rules.\n\n> research:\n\n (a) means research relating to occupational respiratory diseases; and\n (b) includes research relating to the causes, incidence, prevalence, nature, extent and trends of occupational respiratory diseases.\n\n> respiratory disease‑causing agents means agents such as dusts, gases, fumes, vapours, mists, fungi and fibres that can cause or contribute to an occupational respiratory disease.\n\n> rules means rules made under subsection 33(1).\n\n> State or Territory authority has the same meaning as in the Privacy Act 1988.\n\n> State or Territory Health Minister means the State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n\n> workplace identifying information:\n\n (a) means information about an identified, or reasonably identifiable, workplace; and\n (b) includes information that identifies, or could be used to identify, an employer or business.\n\n#### 9 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n## Part 2—National Occupational Respiratory Disease Registry\n\n### Division 1—Simplified outline of this Part\n\n#### 10 Simplified outline of this Part\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information relating to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (section 12).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nA prescribed medical practitioner who has diagnosed an individual with an occupational respiratory disease may be authorised or required to notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry. A prescribed medical practitioner who is treating an individual for an occupational respiratory disease may also notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry (Division 3).\n\nThe Director‑General of the CDC may vary information included in the National Registry (Division 4).\n\n### Division 2—Establishment, contents and purposes\n\n#### 11 Establishment of the National Registry\n\n (1) The Commonwealth must establish and keep a registry to be called the National Occupational Respiratory Disease Registry.\n (2) The National Registry may be kept by electronic means.\n (3) Parts of the National Registry may be kept separate from each other, and be called different names.\n (4) The National Registry is not a legislative instrument.\n\n#### 12 Contents of the National Registry\n\n (1) The National Registry may include the following information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease:\n (a) minimum notification information;\n (b) additional notification information;\n (c) any other information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this paragraph.\n (2) Minimum notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (3) Additional notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information (other than minimum notification information) that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (4) The Director‑General of the CDC may, by legislative instrument, determine the following:\n (a) information for the purposes of paragraph (1)(c);\n (b) information for the purposes of subsection (2);\n (c) information for the purposes of subsection (3).\n\n#### 13 Purposes of the National Registry\n\n (1) The purposes of the National Registry are to facilitate the following:\n (a) collecting, storing, analysing and publishing by electronic means information relating to the diagnosis and progression of occupational respiratory diseases in Australia;\n (b) collecting, analysing and publishing statistics in relation to occupational respiratory diseases in Australia;\n (c) providing statistics in relation to occupational respiratory diseases in Australia to States and Territories and to prescribed medical practitioners;\n (d) for the benefit of the nation:\n (i) monitoring the incidence of occupational respiratory diseases in Australia; and\n (ii) taking preventative action;\n (e) any activities that are incidental to the above purposes.\n (2) The purposes of the National Registry also include to facilitate the following:\n (a) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents:\n (i) to enable the application of timely and targeted interventions and prevention activities to reduce further worker exposure and disease; and\n (ii) to assist with compliance and enforcement activities in relation to occupational health and safety matters;\n (b) providing prescribed medical practitioners with access to information included in the National Registry in relation to an individual who has been diagnosed with an occupational respiratory disease for the purpose of providing healthcare to the individual in relation to the disease;\n (c) monitoring the quality and effectiveness of policy and regulatory arrangements in relation to occupational respiratory diseases to inform and enhance policy development, programs and decision‑making relating to the prevention of occupational respiratory diseases;\n (d) planning, delivering and promoting healthcare and associated services in relation to occupational respiratory diseases;\n (e) identifying individuals for inclusion in clinical trials or observational studies in relation to occupational respiratory diseases;\n (f) research (as defined in section 8);\n (g) any activities that are incidental to the above purposes.\n Constitutional basis—subsection (2)\n (3) Subparagraph (2)(a)(i) and paragraphs (2)(b) to (g) rely on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under the following:\n (a) paragraph 1 of Article 2 and subparagraphs (b), (c) and (d) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966;\n (b) Articles 4 and 8 and subparagraph (c) of Article 11 of the International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment done at Geneva on 22 June 1981;\n (c) the Protocol of 2002 to the Occupational Safety and Health Convention 1981 done at Geneva on 20 June 2002.\n\n> Note 1: The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 (\\[1976\\] ATS 5) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment is in Australian Treaty Series 2005 No. 11 (\\[2005\\] ATS 11) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 3: The Protocol of 2002 to the Occupational Safety and Health Convention 1981 is in Australian Treaty Series 2012 No. 26 (\\[2012\\] ATS 26) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (4) Subparagraph (2)(a)(ii) relies on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under paragraph 1 of Article 2 and subparagraphs (b) and (c) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.\n (5) Paragraph (2)(b) also relies on the legislative power that the Parliament has under the Constitution with respect to the provision of medical services.\n (6) Paragraphs (2)(c), (d) and (f) also rely on the legislative power that the Parliament has under the Constitution with respect to:\n (a) the executive power of the Commonwealth; or\n (b) matters incidental to the execution of any of the legislative powers of the Parliament.\n\n### Division 3—Notifying information for the National Registry\n\n#### 14 Notifying information about prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information must be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with an occupational respiratory disease at or after the commencement of this Act; and\n (b) at the time the diagnosis is made, the occupational respiratory disease is a prescribed occupational respiratory disease;\n the prescribed medical practitioner must notify the Director‑General of the CDC, in an approved form and by the time, or within the period, prescribed by the rules, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (5)).\n\n (2) Subsection (1) applies whether or not the individual consents to the notification of the information under that subsection.\n Civil penalty provision\n (3) A person is liable to a civil penalty if the person contravenes subsection (1).\n\nCivil penalty: 30 penalty units.\n\n Continuing contraventions\n (4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.\n Additional information may be notified\n (5) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 15 Notifying information about prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner has diagnosed an individual with a prescribed occupational respiratory disease before the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, without obtaining the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (4) If information in relation to an individual who has been diagnosed with a prescribed occupational respiratory disease is included in the National Registry under section 14 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (5), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (5) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (4) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 16 Notifying information about non‑prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) Subject to subsection (2), a prescribed medical practitioner who diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) for the purpose of complying with a requirement under a law of a State or Territory, the medical practitioner is required to notify the Director‑General of the CDC, in an approved form, of the diagnosis of that disease in relation to the individual;\n the medical practitioner may, without obtaining the individual’s consent, notify the Director‑General, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 17 Notifying information about non‑prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease (whether the diagnosis was made before, or is made at or after, the commencement of this Act); and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (2)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the non‑prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (2) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (3) If information in relation to an individual who has been diagnosed with a non‑prescribed occupational respiratory disease is included in the National Registry under section 16 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (4), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (4) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (3) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 18 Director‑General of the CDC or contracted service provider may request individual to provide additional notification information\n\n (1) If a prescribed medical practitioner has notified the Director‑General of the CDC of the minimum notification information in relation to an individual under section 14, 15, 16 or 17, the Director‑General, or a contracted service provider, may request, in writing, the individual to give the Director‑General, or the contracted service provider, additional notification information in relation to the individual as specified in the request.\n\n> Note: For additional notification information, see subsection 12(3).\n\n (2) A request under subsection (1) may:\n (a) be made by electronic communication; and\n (b) ask the individual to give the specified information by electronic communication.\n (3) An individual who receives a request under subsection (1) is not obliged to comply with the request.\n\n### Division 4—Variation of information in the National Registry\n\n#### 19 Variation of information included in the National Registry\n\n Director‑General of the CDC must correct personal information on request by individual\n (1) An individual may request the Director‑General of the CDC, in writing, to correct personal information in relation to the individual that is included in the National Registry.\n (2) If the Director‑General of the CDC receives a request under subsection (1) to correct personal information in relation to an individual, the Director‑General must correct the information to ensure that, having regard to the purpose for which the information is included in the National Registry, the information is accurate, up‑to‑date, complete, relevant and not misleading.\n Director‑General of the CDC may correct minor errors etc.\n (3) The Director‑General of the CDC may, on the Director‑General’s own initiative, vary information included in the National Registry:\n (a) to correct a minor or technical error; or\n (b) to ensure that correct and consistent terminology is used.\n\n## Part 3—Dealing with information in the National Registry\n\n#### 20 Simplified outline of this Part\n\nInformation may be collected for inclusion in the National Registry (subsection 21(1)).\n\nPersonal information, workplace identifying information and information that is commercial‑in‑confidence that is included in the National Registry, or is derived from information included in the National Registry, is protected information.\n\nRecording, disclosure and use of protected information is authorised in specific circumstances, including for the purposes of the National Registry, by prescribed medical practitioners and for research (sections 21 and 22).\n\nIt is an offence for a person to make a record of, disclose or otherwise use protected information, without authorisation (section 23).\n\nThere are exceptions to the offence (sections 24 and 25).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\n#### 21 Authorised dealings with information—general\n\n Including information etc. in the National Registry\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) workplace identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including information in the National Registry.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Certain information in relation to an individual may be collected and recorded in the National Registry under Part 2 only with the individual’s consent.\n\n Authorised collection, disclosure or other use of information in the National Registry\n (2) A person may collect, make a record of, disclose or otherwise use protected information included in the National Registry, if:\n (a) the person does so for the purposes of the National Registry and is:\n (i) an officer or employee of the Commonwealth or a Commonwealth authority; or\n (ii) engaged by the Commonwealth, or a Commonwealth authority, to perform work relating to the purposes of the National Registry; or\n (iii) an officer or employee of a person referred to in subparagraph (ii), or engaged by a person referred to in subparagraph (ii) to perform work relating to the purposes of the National Registry; or\n (b) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the information is about a diagnosis, or the progression, of an occupational respiratory disease in relation to an individual;\n (iii) the collection, recording, disclosure or use is for the purposes of providing healthcare to the individual in relation to the occupational respiratory disease; or\n (c) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the person has diagnosed an individual with an occupational respiratory disease, or is treating an individual for an occupational respiratory disease;\n (iii) the collection, recording, disclosure or use is for the purpose of checking whether information in relation to the individual is included in the National Registry; or\n (d) the person does so for the purposes of performing the person’s functions or duties, or exercising the person’s powers, under this Act; or\n (e) the person is required or authorised to do so by or under a law of the Commonwealth, or of a State or Territory; or\n (f) all of the following apply:\n (i) the person is the Director‑General of the CDC;\n (ii) the collection, recording, disclosure or use is for the purposes of disclosing information to an enforcement body;\n (iii) the person reasonably believes that the information is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, the enforcement body; or\n (g) the information is disclosed to the person under this section, and the collection, recording, disclosure or use is for the purpose for which the information was disclosed to the person; or\n (h) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (i) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Restrictions on collection, recording, disclosure or use of certain protected information for the purposes of research\n (3) However, the following information in relation to an individual must not be disclosed to a person under subsection (2) for the purposes of research:\n (a) information that identifies, or could be used to identify, the most recent workplace, or the main workplace, where the individual was exposed to a respiratory disease‑causing agent;\n (b) information that identifies, or could be used to identify, the prescribed medical practitioner who notified information in relation to the individual under Part 2;\n (c) any other kind of information that is prescribed by the rules.\n\n> Note: For research, see section 8.\n\n (4) Collection, recording, disclosure or use of personal information for the purposes of research of a kind to which guidelines approved under section 95 or 95A of the Privacy Act 1988 relate is authorised under paragraph (2)(a) or (g) of this section only if:\n (a) the collection, recording, use or disclosure is in accordance with the guidelines; and\n (b) in the case of disclosure—the disclosure is not prohibited by subsection (3) of this section.\n\n#### 22 Authorised dealings with information—Commonwealth authorities and State or Territory authorities\n\n Commonwealth authorities\n (1) The Director‑General of the CDC, or a contracted service provider, may disclose any minimum notification information in relation to an individual that is included in the National Registry and is protected information:\n (a) to a Commonwealth authority prescribed by the rules; and\n (b) for purposes connected with the performance of functions, or the exercise of powers, of the Commonwealth authority.\n\n> Note 1: For Commonwealth authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (2) A Commonwealth authority to which protected information is disclosed under subsection (1) may collect, make a record of, disclose or otherwise use that information for any of the purposes for which the information was disclosed to the Commonwealth authority.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n State or Territory authorities\n (3) The Director‑General of the CDC, or a contracted service provider, may disclose to a relevant State or Territory authority, for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f), any minimum notification information in relation to an individual that is included in the National Registry and is protected information if the individual:\n (a) resides in the State or Territory; or\n (b) was exposed to a respiratory disease‑causing agent in the State or Territory; or\n (c) was diagnosed with an occupational respiratory disease in the State or Territory.\n\n> Note 1: For relevant State or Territory authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (4) A relevant State or Territory authority to which protected information is disclosed under subsection (3) may collect, make a record of, disclose or otherwise use that information for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f).\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is protected information; and\n (c) the making of the record, disclosure or use, is not authorised by a provision of this Part.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, disclosure or use of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates included a reference to the person’s personal representative.\n\n> Note: For personal representative, see section 8.\n\n#### 25 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Reports including statistical and other information relating to information included in the National Registry\n\n (1) The Director‑General of the CDC must, as soon as practicable after 30 June in each year, publish a report including the following information:\n (a) the number of notifications of each prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (b) the number of notifications of each non‑prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (c) aggregate information and statistics about the occupation, main job task, industry and State of residence of diagnosed individuals at the time they were exposed to respiratory disease‑causing agents.\n\n> Note: See subsection (6) in relation to the first report published under this subsection.\n\n (2) The Director‑General of the CDC may at any time, for the purposes of the National Registry:\n (a) prepare statistical reports at a national level relating to information that is:\n (i) included in the National Registry; and\n (ii) of a kind prescribed by the rules; and\n (b) make the reports available to relevant State or Territory authorities and prescribed medical practitioners.\n (3) The Director‑General of the CDC may at any time, for the purposes of the National Registry, publish reports relating to information that is:\n (a) included in the National Registry; and\n (b) of a kind prescribed by the rules.\n The reports may include statistical and other information.\n (4) If protected information is to be published or otherwise made available under this section, the Director‑General of the CDC must, before publishing the information or making it available, take such steps as are reasonable in the circumstances to ensure that the information is de‑identified.\n (5) For the purposes of subsection (4), information is de‑identified if the information is no longer about:\n (a) an identifiable individual or an individual who is reasonably identifiable; or\n (b) an identified workplace, employer or business or a workplace, employer or business that is reasonably identifiable.\n (6) If this Act commences on a day other than 1 July in a year, subsection (1) has effect in relation to the first report required to be published under that subsection as if each reference to the period of 12 months ending on that 30 June were a reference to the period starting on the day this Act commences and ending on that 30 June.\n\n## Part 4—Other matters\n\n#### 27 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, agreements, fees, delegations and rules.\n\n#### 28 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Director‑General of the CDC;\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n Liability of Crown\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.\n\n#### 29 Approved forms\n\n The Director‑General of the CDC may, in writing, approve a form for the purposes of a provision of this Act.\n\n#### 30 Agreements\n\n The Director‑General of the CDC may, on behalf of the Commonwealth, engage a person under a written agreement to perform services for, or on behalf of, the Commonwealth in connection with functions of the Commonwealth or the Director‑General under this Act.\n\n#### 31 Fees\n\n (1) The Director‑General of the CDC may, on behalf of the Commonwealth, charge a fee in relation to the disclosure of protected information to a person (other than a Commonwealth authority) under section 21 or 22 if the disclosure is made in response to a specific request by the person.\n (2) The amount of the fee that may be charged under subsection (1) is the amount:\n (a) determined by the Director‑General of the CDC by legislative instrument; or\n (b) worked out in accordance with a method determined by the Director‑General by legislative instrument.\n (3) A legislative instrument under paragraph (2)(a) or (b) may determine different amounts, or different methods for working out amounts (as the case may be), having regard to the form or manner in which protected information is disclosed.\n (4) A fee that is due and payable to the Commonwealth under subsection (1) may be recovered as a debt that is due to the Commonwealth by action in:\n (a) the Federal Court of Australia; or\n (b) the Federal Circuit and Family Court of Australia (Division 2); or\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n (5) A fee charged under subsection (1) must not be such as to amount to taxation.\n\n#### 32 Delegation\n\n Minister’s functions and powers\n (1) The Minister may, in writing, delegate the Minister’s functions or powers under section 9 (commercial‑in‑confidence information) to:\n (a) the Director‑General of the CDC; or\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Director‑General of the CDC’s functions and powers\n (3) The Director‑General of the CDC may, in writing, delegate the Director‑General’s functions or powers under this Act (other than subsection 12(4)) to an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Delegate must comply with directions of delegator\n (4) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the person who delegated the function or power.\n\n#### 33 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before making rules for the purposes of the definition of prescribed occupational respiratory disease in section 8, the Minister must:\n (a) consult the Director‑General of the CDC; and\n (b) consult the relevant State or Territory authorities of each State or Territory through the State or Territory Health Minister; and\n (c) have regard to the submissions (if any) made by the Director‑General or a State or Territory Health Minister because of that consultation.\n\n> Note: For relevant State or Territory authority, see section 8.\n\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act is the National Occupational Respiratory Disease Registry Act 2023.","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

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1. The whole of this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

22 May 2024

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Object of this Act","content":"#### 3 Object of this Act\n\n The object of this Act is to establish a National Occupational Respiratory Disease Registry that will record the incidence of occupational respiratory diseases in Australia and assist in preventing further worker exposure to respiratory disease‑causing agents.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 4 Simplified outline of this Act\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (Part 2).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nThere are protections for sensitive information (Part 3).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\nFees may be charged in relation to the disclosure of protected information in certain circumstances (section 31).\n\nCertain matters are to be prescribed by rules made by the Minister, or determinations made by the Director‑General of the CDC. The rules and determinations are disallowable legislative instruments (sections 12, 31 and 33).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Act binds the Crown","content":"#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to be prosecuted for an offence.\n\n> Note: See subsection 28(4) in relation to civil penalties.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Act extends to external Territories","content":"#### 6 Act extends to external Territories\n\n This Act extends to every external Territory.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Concurrent operation of State and Territory laws","content":"#### 7 Concurrent operation of State and Territory laws\n\n (1) This Act does not exclude or limit the operation of a law of a State or Territory relating to the use, reporting or other disclosure of information concerning occupational respiratory diseases, to the extent that the law of the State or Territory is capable of operating concurrently with this Act.\n (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:\n (a) the law makes an act or omission:\n (i) an offence; or\n (ii) subject to a civil penalty; and\n (b) that (or any similar) act or omission is also:\n (i) an offence against a provision of this Act; or\n (ii) subject to a civil penalty under this Act.\n (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty:\n (a) provides for a penalty that differs from the penalty provided by this Act;\n (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act;\n (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Interpretation","content":"An Act to establish the National Occupational Respiratory Disease Registry, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Short title\n\n This Act is the National Occupational Respiratory Disease Registry Act 2023.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

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A single day to be fixed by Proclamation.

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22 May 2024

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object of this Act\n\n The object of this Act is to establish a National Occupational Respiratory Disease Registry that will record the incidence of occupational respiratory diseases in Australia and assist in preventing further worker exposure to respiratory disease‑causing agents.\n\n#### 4 Simplified outline of this Act\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (Part 2).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nThere are protections for sensitive information (Part 3).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\nFees may be charged in relation to the disclosure of protected information in certain circumstances (section 31).\n\nCertain matters are to be prescribed by rules made by the Minister, or determinations made by the Director‑General of the CDC. The rules and determinations are disallowable legislative instruments (sections 12, 31 and 33).\n\n#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to be prosecuted for an offence.\n\n> Note: See subsection 28(4) in relation to civil penalties.\n\n#### 6 Act extends to external Territories\n\n This Act extends to every external Territory.\n\n#### 7 Concurrent operation of State and Territory laws\n\n (1) This Act does not exclude or limit the operation of a law of a State or Territory relating to the use, reporting or other disclosure of information concerning occupational respiratory diseases, to the extent that the law of the State or Territory is capable of operating concurrently with this Act.\n (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:\n (a) the law makes an act or omission:\n (i) an offence; or\n (ii) subject to a civil penalty; and\n (b) that (or any similar) act or omission is also:\n (i) an offence against a provision of this Act; or\n (ii) subject to a civil penalty under this Act.\n (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty:\n (a) provides for a penalty that differs from the penalty provided by this Act;\n (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act;\n (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.\n\n### Division 2—Interpretation\n\n#### 8 Definitions\n\n In this Act:\n\n> additional notification information has the meaning given by subsection 12(3).\n\n> approved form means a form approved under section 29.\n\n> Australia, when used in a geographical sense, includes every external Territory.\n\n> Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 9.\n\n> Commonwealth authority means a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n> contracted service provider means a person who is engaged under an agreement in force under section 30.\n\n> Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.\n\n> enforcement body means any of the following:\n\n (a) the Australian Federal Police;\n (b) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (c) the Australian Crime Commission;\n (d) the Office of the Director of Public Prosecutions.\n\n> enforcement related activity has the same meaning as in the Privacy Act 1988.\n\n> entity means any of the following:\n\n (a) a person;\n (b) a partnership;\n (c) any other unincorporated association or body;\n (d) a trust;\n (e) a part of another entity (under a previous application of this definition).\n\n> healthcare means a health service within the meaning of subsection 6(1) of the Privacy Act 1988.\n\n> minimum notification information has the meaning given by subsection 12(2).\n\n> National Registry means the National Occupational Respiratory Disease Registry established under section 11.\n\n> non‑prescribed occupational respiratory disease means an occupational respiratory disease that is not a prescribed occupational respiratory disease.\n\n> occupational respiratory disease means a medical condition associated with an individual’s respiratory system that is likely to have been caused or exacerbated, in whole or in part, by the individual’s work or workplace.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is incapable of managing the individual’s health affairs; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> prescribed medical practitioner means a medical practitioner of a kind prescribed by the rules.\n\n> prescribed occupational respiratory disease means an occupational respiratory disease prescribed by the rules.\n\n> protected information means personal information, workplace identifying information or information that is commercial‑in‑confidence, to the extent that the information is:\n\n (a) included in the National Registry or obtained under, or in accordance with, this Act; or\n (b) derived from a record of information that was included in the National Registry or was obtained under, or in accordance with, this Act; or\n (c) derived from a disclosure or use of information that was included in the National Registry or was obtained under, or in accordance with, this Act.\n\n> purposes of the National Registry means the purposes set out in section 13.\n\n> registration authority means an entity that is responsible under a law for registering members of a particular health profession.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant State or Territory authority means a State or Territory authority that:\n\n (a) has functions in relation to, or that is responsible for or deals with, occupational health and safety in the State or Territory; or\n (b) has functions in relation to, or that is responsible for or deals with, health in the State or Territory; or\n (c) is prescribed by the rules.\n\n> research:\n\n (a) means research relating to occupational respiratory diseases; and\n (b) includes research relating to the causes, incidence, prevalence, nature, extent and trends of occupational respiratory diseases.\n\n> respiratory disease‑causing agents means agents such as dusts, gases, fumes, vapours, mists, fungi and fibres that can cause or contribute to an occupational respiratory disease.\n\n> rules means rules made under subsection 33(1).\n\n> State or Territory authority has the same meaning as in the Privacy Act 1988.\n\n> State or Territory Health Minister means the State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n\n> workplace identifying information:\n\n (a) means information about an identified, or reasonably identifiable, workplace; and\n (b) includes information that identifies, or could be used to identify, an employer or business.\n\n#### 9 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n## Part 2—National Occupational Respiratory Disease Registry\n\n### Division 1—Simplified outline of this Part\n\n#### 10 Simplified outline of this Part\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information relating to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (section 12).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nA prescribed medical practitioner who has diagnosed an individual with an occupational respiratory disease may be authorised or required to notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry. A prescribed medical practitioner who is treating an individual for an occupational respiratory disease may also notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry (Division 3).\n\nThe Director‑General of the CDC may vary information included in the National Registry (Division 4).\n\n### Division 2—Establishment, contents and purposes\n\n#### 11 Establishment of the National Registry\n\n (1) The Commonwealth must establish and keep a registry to be called the National Occupational Respiratory Disease Registry.\n (2) The National Registry may be kept by electronic means.\n (3) Parts of the National Registry may be kept separate from each other, and be called different names.\n (4) The National Registry is not a legislative instrument.\n\n#### 12 Contents of the National Registry\n\n (1) The National Registry may include the following information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease:\n (a) minimum notification information;\n (b) additional notification information;\n (c) any other information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this paragraph.\n (2) Minimum notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (3) Additional notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information (other than minimum notification information) that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (4) The Director‑General of the CDC may, by legislative instrument, determine the following:\n (a) information for the purposes of paragraph (1)(c);\n (b) information for the purposes of subsection (2);\n (c) information for the purposes of subsection (3).\n\n#### 13 Purposes of the National Registry\n\n (1) The purposes of the National Registry are to facilitate the following:\n (a) collecting, storing, analysing and publishing by electronic means information relating to the diagnosis and progression of occupational respiratory diseases in Australia;\n (b) collecting, analysing and publishing statistics in relation to occupational respiratory diseases in Australia;\n (c) providing statistics in relation to occupational respiratory diseases in Australia to States and Territories and to prescribed medical practitioners;\n (d) for the benefit of the nation:\n (i) monitoring the incidence of occupational respiratory diseases in Australia; and\n (ii) taking preventative action;\n (e) any activities that are incidental to the above purposes.\n (2) The purposes of the National Registry also include to facilitate the following:\n (a) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents:\n (i) to enable the application of timely and targeted interventions and prevention activities to reduce further worker exposure and disease; and\n (ii) to assist with compliance and enforcement activities in relation to occupational health and safety matters;\n (b) providing prescribed medical practitioners with access to information included in the National Registry in relation to an individual who has been diagnosed with an occupational respiratory disease for the purpose of providing healthcare to the individual in relation to the disease;\n (c) monitoring the quality and effectiveness of policy and regulatory arrangements in relation to occupational respiratory diseases to inform and enhance policy development, programs and decision‑making relating to the prevention of occupational respiratory diseases;\n (d) planning, delivering and promoting healthcare and associated services in relation to occupational respiratory diseases;\n (e) identifying individuals for inclusion in clinical trials or observational studies in relation to occupational respiratory diseases;\n (f) research (as defined in section 8);\n (g) any activities that are incidental to the above purposes.\n Constitutional basis—subsection (2)\n (3) Subparagraph (2)(a)(i) and paragraphs (2)(b) to (g) rely on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under the following:\n (a) paragraph 1 of Article 2 and subparagraphs (b), (c) and (d) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966;\n (b) Articles 4 and 8 and subparagraph (c) of Article 11 of the International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment done at Geneva on 22 June 1981;\n (c) the Protocol of 2002 to the Occupational Safety and Health Convention 1981 done at Geneva on 20 June 2002.\n\n> Note 1: The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 (\\[1976\\] ATS 5) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment is in Australian Treaty Series 2005 No. 11 (\\[2005\\] ATS 11) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 3: The Protocol of 2002 to the Occupational Safety and Health Convention 1981 is in Australian Treaty Series 2012 No. 26 (\\[2012\\] ATS 26) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (4) Subparagraph (2)(a)(ii) relies on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under paragraph 1 of Article 2 and subparagraphs (b) and (c) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.\n (5) Paragraph (2)(b) also relies on the legislative power that the Parliament has under the Constitution with respect to the provision of medical services.\n (6) Paragraphs (2)(c), (d) and (f) also rely on the legislative power that the Parliament has under the Constitution with respect to:\n (a) the executive power of the Commonwealth; or\n (b) matters incidental to the execution of any of the legislative powers of the Parliament.\n\n### Division 3—Notifying information for the National Registry\n\n#### 14 Notifying information about prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information must be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with an occupational respiratory disease at or after the commencement of this Act; and\n (b) at the time the diagnosis is made, the occupational respiratory disease is a prescribed occupational respiratory disease;\n the prescribed medical practitioner must notify the Director‑General of the CDC, in an approved form and by the time, or within the period, prescribed by the rules, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (5)).\n\n (2) Subsection (1) applies whether or not the individual consents to the notification of the information under that subsection.\n Civil penalty provision\n (3) A person is liable to a civil penalty if the person contravenes subsection (1).\n\nCivil penalty: 30 penalty units.\n\n Continuing contraventions\n (4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.\n Additional information may be notified\n (5) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 15 Notifying information about prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner has diagnosed an individual with a prescribed occupational respiratory disease before the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, without obtaining the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (4) If information in relation to an individual who has been diagnosed with a prescribed occupational respiratory disease is included in the National Registry under section 14 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (5), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (5) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (4) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 16 Notifying information about non‑prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) Subject to subsection (2), a prescribed medical practitioner who diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) for the purpose of complying with a requirement under a law of a State or Territory, the medical practitioner is required to notify the Director‑General of the CDC, in an approved form, of the diagnosis of that disease in relation to the individual;\n the medical practitioner may, without obtaining the individual’s consent, notify the Director‑General, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 17 Notifying information about non‑prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease (whether the diagnosis was made before, or is made at or after, the commencement of this Act); and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (2)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the non‑prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (2) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (3) If information in relation to an individual who has been diagnosed with a non‑prescribed occupational respiratory disease is included in the National Registry under section 16 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (4), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (4) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (3) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 18 Director‑General of the CDC or contracted service provider may request individual to provide additional notification information\n\n (1) If a prescribed medical practitioner has notified the Director‑General of the CDC of the minimum notification information in relation to an individual under section 14, 15, 16 or 17, the Director‑General, or a contracted service provider, may request, in writing, the individual to give the Director‑General, or the contracted service provider, additional notification information in relation to the individual as specified in the request.\n\n> Note: For additional notification information, see subsection 12(3).\n\n (2) A request under subsection (1) may:\n (a) be made by electronic communication; and\n (b) ask the individual to give the specified information by electronic communication.\n (3) An individual who receives a request under subsection (1) is not obliged to comply with the request.\n\n### Division 4—Variation of information in the National Registry\n\n#### 19 Variation of information included in the National Registry\n\n Director‑General of the CDC must correct personal information on request by individual\n (1) An individual may request the Director‑General of the CDC, in writing, to correct personal information in relation to the individual that is included in the National Registry.\n (2) If the Director‑General of the CDC receives a request under subsection (1) to correct personal information in relation to an individual, the Director‑General must correct the information to ensure that, having regard to the purpose for which the information is included in the National Registry, the information is accurate, up‑to‑date, complete, relevant and not misleading.\n Director‑General of the CDC may correct minor errors etc.\n (3) The Director‑General of the CDC may, on the Director‑General’s own initiative, vary information included in the National Registry:\n (a) to correct a minor or technical error; or\n (b) to ensure that correct and consistent terminology is used.\n\n## Part 3—Dealing with information in the National Registry\n\n#### 20 Simplified outline of this Part\n\nInformation may be collected for inclusion in the National Registry (subsection 21(1)).\n\nPersonal information, workplace identifying information and information that is commercial‑in‑confidence that is included in the National Registry, or is derived from information included in the National Registry, is protected information.\n\nRecording, disclosure and use of protected information is authorised in specific circumstances, including for the purposes of the National Registry, by prescribed medical practitioners and for research (sections 21 and 22).\n\nIt is an offence for a person to make a record of, disclose or otherwise use protected information, without authorisation (section 23).\n\nThere are exceptions to the offence (sections 24 and 25).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\n#### 21 Authorised dealings with information—general\n\n Including information etc. in the National Registry\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) workplace identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including information in the National Registry.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Certain information in relation to an individual may be collected and recorded in the National Registry under Part 2 only with the individual’s consent.\n\n Authorised collection, disclosure or other use of information in the National Registry\n (2) A person may collect, make a record of, disclose or otherwise use protected information included in the National Registry, if:\n (a) the person does so for the purposes of the National Registry and is:\n (i) an officer or employee of the Commonwealth or a Commonwealth authority; or\n (ii) engaged by the Commonwealth, or a Commonwealth authority, to perform work relating to the purposes of the National Registry; or\n (iii) an officer or employee of a person referred to in subparagraph (ii), or engaged by a person referred to in subparagraph (ii) to perform work relating to the purposes of the National Registry; or\n (b) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the information is about a diagnosis, or the progression, of an occupational respiratory disease in relation to an individual;\n (iii) the collection, recording, disclosure or use is for the purposes of providing healthcare to the individual in relation to the occupational respiratory disease; or\n (c) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the person has diagnosed an individual with an occupational respiratory disease, or is treating an individual for an occupational respiratory disease;\n (iii) the collection, recording, disclosure or use is for the purpose of checking whether information in relation to the individual is included in the National Registry; or\n (d) the person does so for the purposes of performing the person’s functions or duties, or exercising the person’s powers, under this Act; or\n (e) the person is required or authorised to do so by or under a law of the Commonwealth, or of a State or Territory; or\n (f) all of the following apply:\n (i) the person is the Director‑General of the CDC;\n (ii) the collection, recording, disclosure or use is for the purposes of disclosing information to an enforcement body;\n (iii) the person reasonably believes that the information is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, the enforcement body; or\n (g) the information is disclosed to the person under this section, and the collection, recording, disclosure or use is for the purpose for which the information was disclosed to the person; or\n (h) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (i) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Restrictions on collection, recording, disclosure or use of certain protected information for the purposes of research\n (3) However, the following information in relation to an individual must not be disclosed to a person under subsection (2) for the purposes of research:\n (a) information that identifies, or could be used to identify, the most recent workplace, or the main workplace, where the individual was exposed to a respiratory disease‑causing agent;\n (b) information that identifies, or could be used to identify, the prescribed medical practitioner who notified information in relation to the individual under Part 2;\n (c) any other kind of information that is prescribed by the rules.\n\n> Note: For research, see section 8.\n\n (4) Collection, recording, disclosure or use of personal information for the purposes of research of a kind to which guidelines approved under section 95 or 95A of the Privacy Act 1988 relate is authorised under paragraph (2)(a) or (g) of this section only if:\n (a) the collection, recording, use or disclosure is in accordance with the guidelines; and\n (b) in the case of disclosure—the disclosure is not prohibited by subsection (3) of this section.\n\n#### 22 Authorised dealings with information—Commonwealth authorities and State or Territory authorities\n\n Commonwealth authorities\n (1) The Director‑General of the CDC, or a contracted service provider, may disclose any minimum notification information in relation to an individual that is included in the National Registry and is protected information:\n (a) to a Commonwealth authority prescribed by the rules; and\n (b) for purposes connected with the performance of functions, or the exercise of powers, of the Commonwealth authority.\n\n> Note 1: For Commonwealth authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (2) A Commonwealth authority to which protected information is disclosed under subsection (1) may collect, make a record of, disclose or otherwise use that information for any of the purposes for which the information was disclosed to the Commonwealth authority.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n State or Territory authorities\n (3) The Director‑General of the CDC, or a contracted service provider, may disclose to a relevant State or Territory authority, for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f), any minimum notification information in relation to an individual that is included in the National Registry and is protected information if the individual:\n (a) resides in the State or Territory; or\n (b) was exposed to a respiratory disease‑causing agent in the State or Territory; or\n (c) was diagnosed with an occupational respiratory disease in the State or Territory.\n\n> Note 1: For relevant State or Territory authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (4) A relevant State or Territory authority to which protected information is disclosed under subsection (3) may collect, make a record of, disclose or otherwise use that information for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f).\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is protected information; and\n (c) the making of the record, disclosure or use, is not authorised by a provision of this Part.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, disclosure or use of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates included a reference to the person’s personal representative.\n\n> Note: For personal representative, see section 8.\n\n#### 25 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Reports including statistical and other information relating to information included in the National Registry\n\n (1) The Director‑General of the CDC must, as soon as practicable after 30 June in each year, publish a report including the following information:\n (a) the number of notifications of each prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (b) the number of notifications of each non‑prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (c) aggregate information and statistics about the occupation, main job task, industry and State of residence of diagnosed individuals at the time they were exposed to respiratory disease‑causing agents.\n\n> Note: See subsection (6) in relation to the first report published under this subsection.\n\n (2) The Director‑General of the CDC may at any time, for the purposes of the National Registry:\n (a) prepare statistical reports at a national level relating to information that is:\n (i) included in the National Registry; and\n (ii) of a kind prescribed by the rules; and\n (b) make the reports available to relevant State or Territory authorities and prescribed medical practitioners.\n (3) The Director‑General of the CDC may at any time, for the purposes of the National Registry, publish reports relating to information that is:\n (a) included in the National Registry; and\n (b) of a kind prescribed by the rules.\n The reports may include statistical and other information.\n (4) If protected information is to be published or otherwise made available under this section, the Director‑General of the CDC must, before publishing the information or making it available, take such steps as are reasonable in the circumstances to ensure that the information is de‑identified.\n (5) For the purposes of subsection (4), information is de‑identified if the information is no longer about:\n (a) an identifiable individual or an individual who is reasonably identifiable; or\n (b) an identified workplace, employer or business or a workplace, employer or business that is reasonably identifiable.\n (6) If this Act commences on a day other than 1 July in a year, subsection (1) has effect in relation to the first report required to be published under that subsection as if each reference to the period of 12 months ending on that 30 June were a reference to the period starting on the day this Act commences and ending on that 30 June.\n\n## Part 4—Other matters\n\n#### 27 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, agreements, fees, delegations and rules.\n\n#### 28 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Director‑General of the CDC;\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n Liability of Crown\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.\n\n#### 29 Approved forms\n\n The Director‑General of the CDC may, in writing, approve a form for the purposes of a provision of this Act.\n\n#### 30 Agreements\n\n The Director‑General of the CDC may, on behalf of the Commonwealth, engage a person under a written agreement to perform services for, or on behalf of, the Commonwealth in connection with functions of the Commonwealth or the Director‑General under this Act.\n\n#### 31 Fees\n\n (1) The Director‑General of the CDC may, on behalf of the Commonwealth, charge a fee in relation to the disclosure of protected information to a person (other than a Commonwealth authority) under section 21 or 22 if the disclosure is made in response to a specific request by the person.\n (2) The amount of the fee that may be charged under subsection (1) is the amount:\n (a) determined by the Director‑General of the CDC by legislative instrument; or\n (b) worked out in accordance with a method determined by the Director‑General by legislative instrument.\n (3) A legislative instrument under paragraph (2)(a) or (b) may determine different amounts, or different methods for working out amounts (as the case may be), having regard to the form or manner in which protected information is disclosed.\n (4) A fee that is due and payable to the Commonwealth under subsection (1) may be recovered as a debt that is due to the Commonwealth by action in:\n (a) the Federal Court of Australia; or\n (b) the Federal Circuit and Family Court of Australia (Division 2); or\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n (5) A fee charged under subsection (1) must not be such as to amount to taxation.\n\n#### 32 Delegation\n\n Minister’s functions and powers\n (1) The Minister may, in writing, delegate the Minister’s functions or powers under section 9 (commercial‑in‑confidence information) to:\n (a) the Director‑General of the CDC; or\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Director‑General of the CDC’s functions and powers\n (3) The Director‑General of the CDC may, in writing, delegate the Director‑General’s functions or powers under this Act (other than subsection 12(4)) to an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Delegate must comply with directions of delegator\n (4) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the person who delegated the function or power.\n\n#### 33 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before making rules for the purposes of the definition of prescribed occupational respiratory disease in section 8, the Minister must:\n (a) consult the Director‑General of the CDC; and\n (b) consult the relevant State or Territory authorities of each State or Territory through the State or Territory Health Minister; and\n (c) have regard to the submissions (if any) made by the Director‑General or a State or Territory Health Minister because of that consultation.\n\n> Note: For relevant State or Territory authority, see section 8.\n\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Definitions","content":"#### 8 Definitions\n\n In this Act:\n\n> additional notification information has the meaning given by subsection 12(3).\n\n> approved form means a form approved under section 29.\n\n> Australia, when used in a geographical sense, includes every external Territory.\n\n> Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 9.\n\n> Commonwealth authority means a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n> contracted service provider means a person who is engaged under an agreement in force under section 30.\n\n> Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.\n\n> enforcement body means any of the following:\n\n (a) the Australian Federal Police;\n (b) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (c) the Australian Crime Commission;\n (d) the Office of the Director of Public Prosecutions.\n\n> enforcement related activity has the same meaning as in the Privacy Act 1988.\n\n> entity means any of the following:\n\n (a) a person;\n (b) a partnership;\n (c) any other unincorporated association or body;\n (d) a trust;\n (e) a part of another entity (under a previous application of this definition).\n\n> healthcare means a health service within the meaning of subsection 6(1) of the Privacy Act 1988.\n\n> minimum notification information has the meaning given by subsection 12(2).\n\n> National Registry means the National Occupational Respiratory Disease Registry established under section 11.\n\n> non‑prescribed occupational respiratory disease means an occupational respiratory disease that is not a prescribed occupational respiratory disease.\n\n> occupational respiratory disease means a medical condition associated with an individual’s respiratory system that is likely to have been caused or exacerbated, in whole or in part, by the individual’s work or workplace.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is incapable of managing the individual’s health affairs; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> prescribed medical practitioner means a medical practitioner of a kind prescribed by the rules.\n\n> prescribed occupational respiratory disease means an occupational respiratory disease prescribed by the rules.\n\n> protected information means personal information, workplace identifying information or information that is commercial‑in‑confidence, to the extent that the information is:\n\n (a) included in the National Registry or obtained under, or in accordance with, this Act; or\n (b) derived from a record of information that was included in the National Registry or was obtained under, or in accordance with, this Act; or\n (c) derived from a disclosure or use of information that was included in the National Registry or was obtained under, or in accordance with, this Act.\n\n> purposes of the National Registry means the purposes set out in section 13.\n\n> registration authority means an entity that is responsible under a law for registering members of a particular health profession.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant State or Territory authority means a State or Territory authority that:\n\n (a) has functions in relation to, or that is responsible for or deals with, occupational health and safety in the State or Territory; or\n (b) has functions in relation to, or that is responsible for or deals with, health in the State or Territory; or\n (c) is prescribed by the rules.\n\n> research:\n\n (a) means research relating to occupational respiratory diseases; and\n (b) includes research relating to the causes, incidence, prevalence, nature, extent and trends of occupational respiratory diseases.\n\n> respiratory disease‑causing agents means agents such as dusts, gases, fumes, vapours, mists, fungi and fibres that can cause or contribute to an occupational respiratory disease.\n\n> rules means rules made under subsection 33(1).\n\n> State or Territory authority has the same meaning as in the Privacy Act 1988.\n\n> State or Territory Health Minister means the State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n\n> workplace identifying information:\n\n (a) means information about an identified, or reasonably identifiable, workplace; and\n (b) includes information that identifies, or could be used to identify, an employer or business.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of commercial‑in‑confidence","content":"#### 9 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"National Occupational Respiratory Disease Registry","content":"An Act to establish the National Occupational Respiratory Disease Registry, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Short title\n\n This Act is the National Occupational Respiratory Disease Registry Act 2023.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

22 May 2024

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object of this Act\n\n The object of this Act is to establish a National Occupational Respiratory Disease Registry that will record the incidence of occupational respiratory diseases in Australia and assist in preventing further worker exposure to respiratory disease‑causing agents.\n\n#### 4 Simplified outline of this Act\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (Part 2).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nThere are protections for sensitive information (Part 3).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\nFees may be charged in relation to the disclosure of protected information in certain circumstances (section 31).\n\nCertain matters are to be prescribed by rules made by the Minister, or determinations made by the Director‑General of the CDC. The rules and determinations are disallowable legislative instruments (sections 12, 31 and 33).\n\n#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to be prosecuted for an offence.\n\n> Note: See subsection 28(4) in relation to civil penalties.\n\n#### 6 Act extends to external Territories\n\n This Act extends to every external Territory.\n\n#### 7 Concurrent operation of State and Territory laws\n\n (1) This Act does not exclude or limit the operation of a law of a State or Territory relating to the use, reporting or other disclosure of information concerning occupational respiratory diseases, to the extent that the law of the State or Territory is capable of operating concurrently with this Act.\n (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:\n (a) the law makes an act or omission:\n (i) an offence; or\n (ii) subject to a civil penalty; and\n (b) that (or any similar) act or omission is also:\n (i) an offence against a provision of this Act; or\n (ii) subject to a civil penalty under this Act.\n (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty:\n (a) provides for a penalty that differs from the penalty provided by this Act;\n (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act;\n (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.\n\n### Division 2—Interpretation\n\n#### 8 Definitions\n\n In this Act:\n\n> additional notification information has the meaning given by subsection 12(3).\n\n> approved form means a form approved under section 29.\n\n> Australia, when used in a geographical sense, includes every external Territory.\n\n> Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 9.\n\n> Commonwealth authority means a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n> contracted service provider means a person who is engaged under an agreement in force under section 30.\n\n> Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.\n\n> enforcement body means any of the following:\n\n (a) the Australian Federal Police;\n (b) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (c) the Australian Crime Commission;\n (d) the Office of the Director of Public Prosecutions.\n\n> enforcement related activity has the same meaning as in the Privacy Act 1988.\n\n> entity means any of the following:\n\n (a) a person;\n (b) a partnership;\n (c) any other unincorporated association or body;\n (d) a trust;\n (e) a part of another entity (under a previous application of this definition).\n\n> healthcare means a health service within the meaning of subsection 6(1) of the Privacy Act 1988.\n\n> minimum notification information has the meaning given by subsection 12(2).\n\n> National Registry means the National Occupational Respiratory Disease Registry established under section 11.\n\n> non‑prescribed occupational respiratory disease means an occupational respiratory disease that is not a prescribed occupational respiratory disease.\n\n> occupational respiratory disease means a medical condition associated with an individual’s respiratory system that is likely to have been caused or exacerbated, in whole or in part, by the individual’s work or workplace.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is incapable of managing the individual’s health affairs; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> prescribed medical practitioner means a medical practitioner of a kind prescribed by the rules.\n\n> prescribed occupational respiratory disease means an occupational respiratory disease prescribed by the rules.\n\n> protected information means personal information, workplace identifying information or information that is commercial‑in‑confidence, to the extent that the information is:\n\n (a) included in the National Registry or obtained under, or in accordance with, this Act; or\n (b) derived from a record of information that was included in the National Registry or was obtained under, or in accordance with, this Act; or\n (c) derived from a disclosure or use of information that was included in the National Registry or was obtained under, or in accordance with, this Act.\n\n> purposes of the National Registry means the purposes set out in section 13.\n\n> registration authority means an entity that is responsible under a law for registering members of a particular health profession.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant State or Territory authority means a State or Territory authority that:\n\n (a) has functions in relation to, or that is responsible for or deals with, occupational health and safety in the State or Territory; or\n (b) has functions in relation to, or that is responsible for or deals with, health in the State or Territory; or\n (c) is prescribed by the rules.\n\n> research:\n\n (a) means research relating to occupational respiratory diseases; and\n (b) includes research relating to the causes, incidence, prevalence, nature, extent and trends of occupational respiratory diseases.\n\n> respiratory disease‑causing agents means agents such as dusts, gases, fumes, vapours, mists, fungi and fibres that can cause or contribute to an occupational respiratory disease.\n\n> rules means rules made under subsection 33(1).\n\n> State or Territory authority has the same meaning as in the Privacy Act 1988.\n\n> State or Territory Health Minister means the State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n\n> workplace identifying information:\n\n (a) means information about an identified, or reasonably identifiable, workplace; and\n (b) includes information that identifies, or could be used to identify, an employer or business.\n\n#### 9 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n## Part 2—National Occupational Respiratory Disease Registry\n\n### Division 1—Simplified outline of this Part\n\n#### 10 Simplified outline of this Part\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information relating to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (section 12).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nA prescribed medical practitioner who has diagnosed an individual with an occupational respiratory disease may be authorised or required to notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry. A prescribed medical practitioner who is treating an individual for an occupational respiratory disease may also notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry (Division 3).\n\nThe Director‑General of the CDC may vary information included in the National Registry (Division 4).\n\n### Division 2—Establishment, contents and purposes\n\n#### 11 Establishment of the National Registry\n\n (1) The Commonwealth must establish and keep a registry to be called the National Occupational Respiratory Disease Registry.\n (2) The National Registry may be kept by electronic means.\n (3) Parts of the National Registry may be kept separate from each other, and be called different names.\n (4) The National Registry is not a legislative instrument.\n\n#### 12 Contents of the National Registry\n\n (1) The National Registry may include the following information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease:\n (a) minimum notification information;\n (b) additional notification information;\n (c) any other information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this paragraph.\n (2) Minimum notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (3) Additional notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information (other than minimum notification information) that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (4) The Director‑General of the CDC may, by legislative instrument, determine the following:\n (a) information for the purposes of paragraph (1)(c);\n (b) information for the purposes of subsection (2);\n (c) information for the purposes of subsection (3).\n\n#### 13 Purposes of the National Registry\n\n (1) The purposes of the National Registry are to facilitate the following:\n (a) collecting, storing, analysing and publishing by electronic means information relating to the diagnosis and progression of occupational respiratory diseases in Australia;\n (b) collecting, analysing and publishing statistics in relation to occupational respiratory diseases in Australia;\n (c) providing statistics in relation to occupational respiratory diseases in Australia to States and Territories and to prescribed medical practitioners;\n (d) for the benefit of the nation:\n (i) monitoring the incidence of occupational respiratory diseases in Australia; and\n (ii) taking preventative action;\n (e) any activities that are incidental to the above purposes.\n (2) The purposes of the National Registry also include to facilitate the following:\n (a) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents:\n (i) to enable the application of timely and targeted interventions and prevention activities to reduce further worker exposure and disease; and\n (ii) to assist with compliance and enforcement activities in relation to occupational health and safety matters;\n (b) providing prescribed medical practitioners with access to information included in the National Registry in relation to an individual who has been diagnosed with an occupational respiratory disease for the purpose of providing healthcare to the individual in relation to the disease;\n (c) monitoring the quality and effectiveness of policy and regulatory arrangements in relation to occupational respiratory diseases to inform and enhance policy development, programs and decision‑making relating to the prevention of occupational respiratory diseases;\n (d) planning, delivering and promoting healthcare and associated services in relation to occupational respiratory diseases;\n (e) identifying individuals for inclusion in clinical trials or observational studies in relation to occupational respiratory diseases;\n (f) research (as defined in section 8);\n (g) any activities that are incidental to the above purposes.\n Constitutional basis—subsection (2)\n (3) Subparagraph (2)(a)(i) and paragraphs (2)(b) to (g) rely on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under the following:\n (a) paragraph 1 of Article 2 and subparagraphs (b), (c) and (d) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966;\n (b) Articles 4 and 8 and subparagraph (c) of Article 11 of the International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment done at Geneva on 22 June 1981;\n (c) the Protocol of 2002 to the Occupational Safety and Health Convention 1981 done at Geneva on 20 June 2002.\n\n> Note 1: The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 (\\[1976\\] ATS 5) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment is in Australian Treaty Series 2005 No. 11 (\\[2005\\] ATS 11) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 3: The Protocol of 2002 to the Occupational Safety and Health Convention 1981 is in Australian Treaty Series 2012 No. 26 (\\[2012\\] ATS 26) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (4) Subparagraph (2)(a)(ii) relies on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under paragraph 1 of Article 2 and subparagraphs (b) and (c) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.\n (5) Paragraph (2)(b) also relies on the legislative power that the Parliament has under the Constitution with respect to the provision of medical services.\n (6) Paragraphs (2)(c), (d) and (f) also rely on the legislative power that the Parliament has under the Constitution with respect to:\n (a) the executive power of the Commonwealth; or\n (b) matters incidental to the execution of any of the legislative powers of the Parliament.\n\n### Division 3—Notifying information for the National Registry\n\n#### 14 Notifying information about prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information must be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with an occupational respiratory disease at or after the commencement of this Act; and\n (b) at the time the diagnosis is made, the occupational respiratory disease is a prescribed occupational respiratory disease;\n the prescribed medical practitioner must notify the Director‑General of the CDC, in an approved form and by the time, or within the period, prescribed by the rules, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (5)).\n\n (2) Subsection (1) applies whether or not the individual consents to the notification of the information under that subsection.\n Civil penalty provision\n (3) A person is liable to a civil penalty if the person contravenes subsection (1).\n\nCivil penalty: 30 penalty units.\n\n Continuing contraventions\n (4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.\n Additional information may be notified\n (5) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 15 Notifying information about prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner has diagnosed an individual with a prescribed occupational respiratory disease before the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, without obtaining the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (4) If information in relation to an individual who has been diagnosed with a prescribed occupational respiratory disease is included in the National Registry under section 14 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (5), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (5) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (4) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 16 Notifying information about non‑prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) Subject to subsection (2), a prescribed medical practitioner who diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) for the purpose of complying with a requirement under a law of a State or Territory, the medical practitioner is required to notify the Director‑General of the CDC, in an approved form, of the diagnosis of that disease in relation to the individual;\n the medical practitioner may, without obtaining the individual’s consent, notify the Director‑General, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 17 Notifying information about non‑prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease (whether the diagnosis was made before, or is made at or after, the commencement of this Act); and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (2)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the non‑prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (2) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (3) If information in relation to an individual who has been diagnosed with a non‑prescribed occupational respiratory disease is included in the National Registry under section 16 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (4), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (4) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (3) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 18 Director‑General of the CDC or contracted service provider may request individual to provide additional notification information\n\n (1) If a prescribed medical practitioner has notified the Director‑General of the CDC of the minimum notification information in relation to an individual under section 14, 15, 16 or 17, the Director‑General, or a contracted service provider, may request, in writing, the individual to give the Director‑General, or the contracted service provider, additional notification information in relation to the individual as specified in the request.\n\n> Note: For additional notification information, see subsection 12(3).\n\n (2) A request under subsection (1) may:\n (a) be made by electronic communication; and\n (b) ask the individual to give the specified information by electronic communication.\n (3) An individual who receives a request under subsection (1) is not obliged to comply with the request.\n\n### Division 4—Variation of information in the National Registry\n\n#### 19 Variation of information included in the National Registry\n\n Director‑General of the CDC must correct personal information on request by individual\n (1) An individual may request the Director‑General of the CDC, in writing, to correct personal information in relation to the individual that is included in the National Registry.\n (2) If the Director‑General of the CDC receives a request under subsection (1) to correct personal information in relation to an individual, the Director‑General must correct the information to ensure that, having regard to the purpose for which the information is included in the National Registry, the information is accurate, up‑to‑date, complete, relevant and not misleading.\n Director‑General of the CDC may correct minor errors etc.\n (3) The Director‑General of the CDC may, on the Director‑General’s own initiative, vary information included in the National Registry:\n (a) to correct a minor or technical error; or\n (b) to ensure that correct and consistent terminology is used.\n\n## Part 3—Dealing with information in the National Registry\n\n#### 20 Simplified outline of this Part\n\nInformation may be collected for inclusion in the National Registry (subsection 21(1)).\n\nPersonal information, workplace identifying information and information that is commercial‑in‑confidence that is included in the National Registry, or is derived from information included in the National Registry, is protected information.\n\nRecording, disclosure and use of protected information is authorised in specific circumstances, including for the purposes of the National Registry, by prescribed medical practitioners and for research (sections 21 and 22).\n\nIt is an offence for a person to make a record of, disclose or otherwise use protected information, without authorisation (section 23).\n\nThere are exceptions to the offence (sections 24 and 25).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\n#### 21 Authorised dealings with information—general\n\n Including information etc. in the National Registry\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) workplace identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including information in the National Registry.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Certain information in relation to an individual may be collected and recorded in the National Registry under Part 2 only with the individual’s consent.\n\n Authorised collection, disclosure or other use of information in the National Registry\n (2) A person may collect, make a record of, disclose or otherwise use protected information included in the National Registry, if:\n (a) the person does so for the purposes of the National Registry and is:\n (i) an officer or employee of the Commonwealth or a Commonwealth authority; or\n (ii) engaged by the Commonwealth, or a Commonwealth authority, to perform work relating to the purposes of the National Registry; or\n (iii) an officer or employee of a person referred to in subparagraph (ii), or engaged by a person referred to in subparagraph (ii) to perform work relating to the purposes of the National Registry; or\n (b) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the information is about a diagnosis, or the progression, of an occupational respiratory disease in relation to an individual;\n (iii) the collection, recording, disclosure or use is for the purposes of providing healthcare to the individual in relation to the occupational respiratory disease; or\n (c) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the person has diagnosed an individual with an occupational respiratory disease, or is treating an individual for an occupational respiratory disease;\n (iii) the collection, recording, disclosure or use is for the purpose of checking whether information in relation to the individual is included in the National Registry; or\n (d) the person does so for the purposes of performing the person’s functions or duties, or exercising the person’s powers, under this Act; or\n (e) the person is required or authorised to do so by or under a law of the Commonwealth, or of a State or Territory; or\n (f) all of the following apply:\n (i) the person is the Director‑General of the CDC;\n (ii) the collection, recording, disclosure or use is for the purposes of disclosing information to an enforcement body;\n (iii) the person reasonably believes that the information is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, the enforcement body; or\n (g) the information is disclosed to the person under this section, and the collection, recording, disclosure or use is for the purpose for which the information was disclosed to the person; or\n (h) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (i) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Restrictions on collection, recording, disclosure or use of certain protected information for the purposes of research\n (3) However, the following information in relation to an individual must not be disclosed to a person under subsection (2) for the purposes of research:\n (a) information that identifies, or could be used to identify, the most recent workplace, or the main workplace, where the individual was exposed to a respiratory disease‑causing agent;\n (b) information that identifies, or could be used to identify, the prescribed medical practitioner who notified information in relation to the individual under Part 2;\n (c) any other kind of information that is prescribed by the rules.\n\n> Note: For research, see section 8.\n\n (4) Collection, recording, disclosure or use of personal information for the purposes of research of a kind to which guidelines approved under section 95 or 95A of the Privacy Act 1988 relate is authorised under paragraph (2)(a) or (g) of this section only if:\n (a) the collection, recording, use or disclosure is in accordance with the guidelines; and\n (b) in the case of disclosure—the disclosure is not prohibited by subsection (3) of this section.\n\n#### 22 Authorised dealings with information—Commonwealth authorities and State or Territory authorities\n\n Commonwealth authorities\n (1) The Director‑General of the CDC, or a contracted service provider, may disclose any minimum notification information in relation to an individual that is included in the National Registry and is protected information:\n (a) to a Commonwealth authority prescribed by the rules; and\n (b) for purposes connected with the performance of functions, or the exercise of powers, of the Commonwealth authority.\n\n> Note 1: For Commonwealth authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (2) A Commonwealth authority to which protected information is disclosed under subsection (1) may collect, make a record of, disclose or otherwise use that information for any of the purposes for which the information was disclosed to the Commonwealth authority.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n State or Territory authorities\n (3) The Director‑General of the CDC, or a contracted service provider, may disclose to a relevant State or Territory authority, for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f), any minimum notification information in relation to an individual that is included in the National Registry and is protected information if the individual:\n (a) resides in the State or Territory; or\n (b) was exposed to a respiratory disease‑causing agent in the State or Territory; or\n (c) was diagnosed with an occupational respiratory disease in the State or Territory.\n\n> Note 1: For relevant State or Territory authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (4) A relevant State or Territory authority to which protected information is disclosed under subsection (3) may collect, make a record of, disclose or otherwise use that information for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f).\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is protected information; and\n (c) the making of the record, disclosure or use, is not authorised by a provision of this Part.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, disclosure or use of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates included a reference to the person’s personal representative.\n\n> Note: For personal representative, see section 8.\n\n#### 25 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Reports including statistical and other information relating to information included in the National Registry\n\n (1) The Director‑General of the CDC must, as soon as practicable after 30 June in each year, publish a report including the following information:\n (a) the number of notifications of each prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (b) the number of notifications of each non‑prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (c) aggregate information and statistics about the occupation, main job task, industry and State of residence of diagnosed individuals at the time they were exposed to respiratory disease‑causing agents.\n\n> Note: See subsection (6) in relation to the first report published under this subsection.\n\n (2) The Director‑General of the CDC may at any time, for the purposes of the National Registry:\n (a) prepare statistical reports at a national level relating to information that is:\n (i) included in the National Registry; and\n (ii) of a kind prescribed by the rules; and\n (b) make the reports available to relevant State or Territory authorities and prescribed medical practitioners.\n (3) The Director‑General of the CDC may at any time, for the purposes of the National Registry, publish reports relating to information that is:\n (a) included in the National Registry; and\n (b) of a kind prescribed by the rules.\n The reports may include statistical and other information.\n (4) If protected information is to be published or otherwise made available under this section, the Director‑General of the CDC must, before publishing the information or making it available, take such steps as are reasonable in the circumstances to ensure that the information is de‑identified.\n (5) For the purposes of subsection (4), information is de‑identified if the information is no longer about:\n (a) an identifiable individual or an individual who is reasonably identifiable; or\n (b) an identified workplace, employer or business or a workplace, employer or business that is reasonably identifiable.\n (6) If this Act commences on a day other than 1 July in a year, subsection (1) has effect in relation to the first report required to be published under that subsection as if each reference to the period of 12 months ending on that 30 June were a reference to the period starting on the day this Act commences and ending on that 30 June.\n\n## Part 4—Other matters\n\n#### 27 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, agreements, fees, delegations and rules.\n\n#### 28 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Director‑General of the CDC;\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n Liability of Crown\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.\n\n#### 29 Approved forms\n\n The Director‑General of the CDC may, in writing, approve a form for the purposes of a provision of this Act.\n\n#### 30 Agreements\n\n The Director‑General of the CDC may, on behalf of the Commonwealth, engage a person under a written agreement to perform services for, or on behalf of, the Commonwealth in connection with functions of the Commonwealth or the Director‑General under this Act.\n\n#### 31 Fees\n\n (1) The Director‑General of the CDC may, on behalf of the Commonwealth, charge a fee in relation to the disclosure of protected information to a person (other than a Commonwealth authority) under section 21 or 22 if the disclosure is made in response to a specific request by the person.\n (2) The amount of the fee that may be charged under subsection (1) is the amount:\n (a) determined by the Director‑General of the CDC by legislative instrument; or\n (b) worked out in accordance with a method determined by the Director‑General by legislative instrument.\n (3) A legislative instrument under paragraph (2)(a) or (b) may determine different amounts, or different methods for working out amounts (as the case may be), having regard to the form or manner in which protected information is disclosed.\n (4) A fee that is due and payable to the Commonwealth under subsection (1) may be recovered as a debt that is due to the Commonwealth by action in:\n (a) the Federal Court of Australia; or\n (b) the Federal Circuit and Family Court of Australia (Division 2); or\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n (5) A fee charged under subsection (1) must not be such as to amount to taxation.\n\n#### 32 Delegation\n\n Minister’s functions and powers\n (1) The Minister may, in writing, delegate the Minister’s functions or powers under section 9 (commercial‑in‑confidence information) to:\n (a) the Director‑General of the CDC; or\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Director‑General of the CDC’s functions and powers\n (3) The Director‑General of the CDC may, in writing, delegate the Director‑General’s functions or powers under this Act (other than subsection 12(4)) to an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Delegate must comply with directions of delegator\n (4) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the person who delegated the function or power.\n\n#### 33 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before making rules for the purposes of the definition of prescribed occupational respiratory disease in section 8, the Minister must:\n (a) consult the Director‑General of the CDC; and\n (b) consult the relevant State or Territory authorities of each State or Territory through the State or Territory Health Minister; and\n (c) have regard to the submissions (if any) made by the Director‑General or a State or Territory Health Minister because of that consultation.\n\n> Note: For relevant State or Territory authority, see section 8.\n\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 10 Simplified outline of this Part\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information relating to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (section 12).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nA prescribed medical practitioner who has diagnosed an individual with an occupational respiratory disease may be authorised or required to notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry. A prescribed medical practitioner who is treating an individual for an occupational respiratory disease may also notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry (Division 3).\n\nThe Director‑General of the CDC may vary information included in the National Registry (Division 4).","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Establishment of the National Registry","content":"#### 11 Establishment of the National Registry\n\n (1) The Commonwealth must establish and keep a registry to be called the National Occupational Respiratory Disease Registry.\n (2) The National Registry may be kept by electronic means.\n (3) Parts of the National Registry may be kept separate from each other, and be called different names.\n (4) The National Registry is not a legislative instrument.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Contents of the National Registry","content":"#### 12 Contents of the National Registry\n\n (1) The National Registry may include the following information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease:\n (a) minimum notification information;\n (b) additional notification information;\n (c) any other information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this paragraph.\n (2) Minimum notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (3) Additional notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information (other than minimum notification information) that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (4) The Director‑General of the CDC may, by legislative instrument, determine the following:\n (a) information for the purposes of paragraph (1)(c);\n (b) information for the purposes of subsection (2);\n (c) information for the purposes of subsection (3).","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Purposes of the National Registry","content":"#### 13 Purposes of the National Registry\n\n (1) The purposes of the National Registry are to facilitate the following:\n (a) collecting, storing, analysing and publishing by electronic means information relating to the diagnosis and progression of occupational respiratory diseases in Australia;\n (b) collecting, analysing and publishing statistics in relation to occupational respiratory diseases in Australia;\n (c) providing statistics in relation to occupational respiratory diseases in Australia to States and Territories and to prescribed medical practitioners;\n (d) for the benefit of the nation:\n (i) monitoring the incidence of occupational respiratory diseases in Australia; and\n (ii) taking preventative action;\n (e) any activities that are incidental to the above purposes.\n (2) The purposes of the National Registry also include to facilitate the following:\n (a) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents:\n (i) to enable the application of timely and targeted interventions and prevention activities to reduce further worker exposure and disease; and\n (ii) to assist with compliance and enforcement activities in relation to occupational health and safety matters;\n (b) providing prescribed medical practitioners with access to information included in the National Registry in relation to an individual who has been diagnosed with an occupational respiratory disease for the purpose of providing healthcare to the individual in relation to the disease;\n (c) monitoring the quality and effectiveness of policy and regulatory arrangements in relation to occupational respiratory diseases to inform and enhance policy development, programs and decision‑making relating to the prevention of occupational respiratory diseases;\n (d) planning, delivering and promoting healthcare and associated services in relation to occupational respiratory diseases;\n (e) identifying individuals for inclusion in clinical trials or observational studies in relation to occupational respiratory diseases;\n (f) research (as defined in section 8);\n (g) any activities that are incidental to the above purposes.\n Constitutional basis—subsection (2)\n (3) Subparagraph (2)(a)(i) and paragraphs (2)(b) to (g) rely on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under the following:\n (a) paragraph 1 of Article 2 and subparagraphs (b), (c) and (d) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966;\n (b) Articles 4 and 8 and subparagraph (c) of Article 11 of the International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment done at Geneva on 22 June 1981;\n (c) the Protocol of 2002 to the Occupational Safety and Health Convention 1981 done at Geneva on 20 June 2002.\n\n> Note 1: The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 (\\[1976\\] ATS 5) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment is in Australian Treaty Series 2005 No. 11 (\\[2005\\] ATS 11) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 3: The Protocol of 2002 to the Occupational Safety and Health Convention 1981 is in Australian Treaty Series 2012 No. 26 (\\[2012\\] ATS 26) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (4) Subparagraph (2)(a)(ii) relies on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under paragraph 1 of Article 2 and subparagraphs (b) and (c) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.\n (5) Paragraph (2)(b) also relies on the legislative power that the Parliament has under the Constitution with respect to the provision of medical services.\n (6) Paragraphs (2)(c), (d) and (f) also rely on the legislative power that the Parliament has under the Constitution with respect to:\n (a) the executive power of the Commonwealth; or\n (b) matters incidental to the execution of any of the legislative powers of the Parliament.","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":"Notifying information for the National Registry","content":"An Act to establish the National Occupational Respiratory Disease Registry, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Short title\n\n This Act is the National Occupational Respiratory Disease Registry Act 2023.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

22 May 2024

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object of this Act\n\n The object of this Act is to establish a National Occupational Respiratory Disease Registry that will record the incidence of occupational respiratory diseases in Australia and assist in preventing further worker exposure to respiratory disease‑causing agents.\n\n#### 4 Simplified outline of this Act\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (Part 2).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nThere are protections for sensitive information (Part 3).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\nFees may be charged in relation to the disclosure of protected information in certain circumstances (section 31).\n\nCertain matters are to be prescribed by rules made by the Minister, or determinations made by the Director‑General of the CDC. The rules and determinations are disallowable legislative instruments (sections 12, 31 and 33).\n\n#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to be prosecuted for an offence.\n\n> Note: See subsection 28(4) in relation to civil penalties.\n\n#### 6 Act extends to external Territories\n\n This Act extends to every external Territory.\n\n#### 7 Concurrent operation of State and Territory laws\n\n (1) This Act does not exclude or limit the operation of a law of a State or Territory relating to the use, reporting or other disclosure of information concerning occupational respiratory diseases, to the extent that the law of the State or Territory is capable of operating concurrently with this Act.\n (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:\n (a) the law makes an act or omission:\n (i) an offence; or\n (ii) subject to a civil penalty; and\n (b) that (or any similar) act or omission is also:\n (i) an offence against a provision of this Act; or\n (ii) subject to a civil penalty under this Act.\n (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty:\n (a) provides for a penalty that differs from the penalty provided by this Act;\n (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act;\n (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.\n\n### Division 2—Interpretation\n\n#### 8 Definitions\n\n In this Act:\n\n> additional notification information has the meaning given by subsection 12(3).\n\n> approved form means a form approved under section 29.\n\n> Australia, when used in a geographical sense, includes every external Territory.\n\n> Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 9.\n\n> Commonwealth authority means a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n> contracted service provider means a person who is engaged under an agreement in force under section 30.\n\n> Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.\n\n> enforcement body means any of the following:\n\n (a) the Australian Federal Police;\n (b) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (c) the Australian Crime Commission;\n (d) the Office of the Director of Public Prosecutions.\n\n> enforcement related activity has the same meaning as in the Privacy Act 1988.\n\n> entity means any of the following:\n\n (a) a person;\n (b) a partnership;\n (c) any other unincorporated association or body;\n (d) a trust;\n (e) a part of another entity (under a previous application of this definition).\n\n> healthcare means a health service within the meaning of subsection 6(1) of the Privacy Act 1988.\n\n> minimum notification information has the meaning given by subsection 12(2).\n\n> National Registry means the National Occupational Respiratory Disease Registry established under section 11.\n\n> non‑prescribed occupational respiratory disease means an occupational respiratory disease that is not a prescribed occupational respiratory disease.\n\n> occupational respiratory disease means a medical condition associated with an individual’s respiratory system that is likely to have been caused or exacerbated, in whole or in part, by the individual’s work or workplace.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is incapable of managing the individual’s health affairs; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> prescribed medical practitioner means a medical practitioner of a kind prescribed by the rules.\n\n> prescribed occupational respiratory disease means an occupational respiratory disease prescribed by the rules.\n\n> protected information means personal information, workplace identifying information or information that is commercial‑in‑confidence, to the extent that the information is:\n\n (a) included in the National Registry or obtained under, or in accordance with, this Act; or\n (b) derived from a record of information that was included in the National Registry or was obtained under, or in accordance with, this Act; or\n (c) derived from a disclosure or use of information that was included in the National Registry or was obtained under, or in accordance with, this Act.\n\n> purposes of the National Registry means the purposes set out in section 13.\n\n> registration authority means an entity that is responsible under a law for registering members of a particular health profession.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant State or Territory authority means a State or Territory authority that:\n\n (a) has functions in relation to, or that is responsible for or deals with, occupational health and safety in the State or Territory; or\n (b) has functions in relation to, or that is responsible for or deals with, health in the State or Territory; or\n (c) is prescribed by the rules.\n\n> research:\n\n (a) means research relating to occupational respiratory diseases; and\n (b) includes research relating to the causes, incidence, prevalence, nature, extent and trends of occupational respiratory diseases.\n\n> respiratory disease‑causing agents means agents such as dusts, gases, fumes, vapours, mists, fungi and fibres that can cause or contribute to an occupational respiratory disease.\n\n> rules means rules made under subsection 33(1).\n\n> State or Territory authority has the same meaning as in the Privacy Act 1988.\n\n> State or Territory Health Minister means the State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n\n> workplace identifying information:\n\n (a) means information about an identified, or reasonably identifiable, workplace; and\n (b) includes information that identifies, or could be used to identify, an employer or business.\n\n#### 9 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n## Part 2—National Occupational Respiratory Disease Registry\n\n### Division 1—Simplified outline of this Part\n\n#### 10 Simplified outline of this Part\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information relating to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (section 12).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nA prescribed medical practitioner who has diagnosed an individual with an occupational respiratory disease may be authorised or required to notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry. A prescribed medical practitioner who is treating an individual for an occupational respiratory disease may also notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry (Division 3).\n\nThe Director‑General of the CDC may vary information included in the National Registry (Division 4).\n\n### Division 2—Establishment, contents and purposes\n\n#### 11 Establishment of the National Registry\n\n (1) The Commonwealth must establish and keep a registry to be called the National Occupational Respiratory Disease Registry.\n (2) The National Registry may be kept by electronic means.\n (3) Parts of the National Registry may be kept separate from each other, and be called different names.\n (4) The National Registry is not a legislative instrument.\n\n#### 12 Contents of the National Registry\n\n (1) The National Registry may include the following information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease:\n (a) minimum notification information;\n (b) additional notification information;\n (c) any other information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this paragraph.\n (2) Minimum notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (3) Additional notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information (other than minimum notification information) that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (4) The Director‑General of the CDC may, by legislative instrument, determine the following:\n (a) information for the purposes of paragraph (1)(c);\n (b) information for the purposes of subsection (2);\n (c) information for the purposes of subsection (3).\n\n#### 13 Purposes of the National Registry\n\n (1) The purposes of the National Registry are to facilitate the following:\n (a) collecting, storing, analysing and publishing by electronic means information relating to the diagnosis and progression of occupational respiratory diseases in Australia;\n (b) collecting, analysing and publishing statistics in relation to occupational respiratory diseases in Australia;\n (c) providing statistics in relation to occupational respiratory diseases in Australia to States and Territories and to prescribed medical practitioners;\n (d) for the benefit of the nation:\n (i) monitoring the incidence of occupational respiratory diseases in Australia; and\n (ii) taking preventative action;\n (e) any activities that are incidental to the above purposes.\n (2) The purposes of the National Registry also include to facilitate the following:\n (a) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents:\n (i) to enable the application of timely and targeted interventions and prevention activities to reduce further worker exposure and disease; and\n (ii) to assist with compliance and enforcement activities in relation to occupational health and safety matters;\n (b) providing prescribed medical practitioners with access to information included in the National Registry in relation to an individual who has been diagnosed with an occupational respiratory disease for the purpose of providing healthcare to the individual in relation to the disease;\n (c) monitoring the quality and effectiveness of policy and regulatory arrangements in relation to occupational respiratory diseases to inform and enhance policy development, programs and decision‑making relating to the prevention of occupational respiratory diseases;\n (d) planning, delivering and promoting healthcare and associated services in relation to occupational respiratory diseases;\n (e) identifying individuals for inclusion in clinical trials or observational studies in relation to occupational respiratory diseases;\n (f) research (as defined in section 8);\n (g) any activities that are incidental to the above purposes.\n Constitutional basis—subsection (2)\n (3) Subparagraph (2)(a)(i) and paragraphs (2)(b) to (g) rely on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under the following:\n (a) paragraph 1 of Article 2 and subparagraphs (b), (c) and (d) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966;\n (b) Articles 4 and 8 and subparagraph (c) of Article 11 of the International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment done at Geneva on 22 June 1981;\n (c) the Protocol of 2002 to the Occupational Safety and Health Convention 1981 done at Geneva on 20 June 2002.\n\n> Note 1: The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 (\\[1976\\] ATS 5) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment is in Australian Treaty Series 2005 No. 11 (\\[2005\\] ATS 11) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 3: The Protocol of 2002 to the Occupational Safety and Health Convention 1981 is in Australian Treaty Series 2012 No. 26 (\\[2012\\] ATS 26) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (4) Subparagraph (2)(a)(ii) relies on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under paragraph 1 of Article 2 and subparagraphs (b) and (c) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.\n (5) Paragraph (2)(b) also relies on the legislative power that the Parliament has under the Constitution with respect to the provision of medical services.\n (6) Paragraphs (2)(c), (d) and (f) also rely on the legislative power that the Parliament has under the Constitution with respect to:\n (a) the executive power of the Commonwealth; or\n (b) matters incidental to the execution of any of the legislative powers of the Parliament.\n\n### Division 3—Notifying information for the National Registry\n\n#### 14 Notifying information about prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information must be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with an occupational respiratory disease at or after the commencement of this Act; and\n (b) at the time the diagnosis is made, the occupational respiratory disease is a prescribed occupational respiratory disease;\n the prescribed medical practitioner must notify the Director‑General of the CDC, in an approved form and by the time, or within the period, prescribed by the rules, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (5)).\n\n (2) Subsection (1) applies whether or not the individual consents to the notification of the information under that subsection.\n Civil penalty provision\n (3) A person is liable to a civil penalty if the person contravenes subsection (1).\n\nCivil penalty: 30 penalty units.\n\n Continuing contraventions\n (4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.\n Additional information may be notified\n (5) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 15 Notifying information about prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner has diagnosed an individual with a prescribed occupational respiratory disease before the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, without obtaining the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (4) If information in relation to an individual who has been diagnosed with a prescribed occupational respiratory disease is included in the National Registry under section 14 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (5), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (5) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (4) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 16 Notifying information about non‑prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) Subject to subsection (2), a prescribed medical practitioner who diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) for the purpose of complying with a requirement under a law of a State or Territory, the medical practitioner is required to notify the Director‑General of the CDC, in an approved form, of the diagnosis of that disease in relation to the individual;\n the medical practitioner may, without obtaining the individual’s consent, notify the Director‑General, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 17 Notifying information about non‑prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease (whether the diagnosis was made before, or is made at or after, the commencement of this Act); and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (2)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the non‑prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (2) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (3) If information in relation to an individual who has been diagnosed with a non‑prescribed occupational respiratory disease is included in the National Registry under section 16 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (4), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (4) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (3) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 18 Director‑General of the CDC or contracted service provider may request individual to provide additional notification information\n\n (1) If a prescribed medical practitioner has notified the Director‑General of the CDC of the minimum notification information in relation to an individual under section 14, 15, 16 or 17, the Director‑General, or a contracted service provider, may request, in writing, the individual to give the Director‑General, or the contracted service provider, additional notification information in relation to the individual as specified in the request.\n\n> Note: For additional notification information, see subsection 12(3).\n\n (2) A request under subsection (1) may:\n (a) be made by electronic communication; and\n (b) ask the individual to give the specified information by electronic communication.\n (3) An individual who receives a request under subsection (1) is not obliged to comply with the request.\n\n### Division 4—Variation of information in the National Registry\n\n#### 19 Variation of information included in the National Registry\n\n Director‑General of the CDC must correct personal information on request by individual\n (1) An individual may request the Director‑General of the CDC, in writing, to correct personal information in relation to the individual that is included in the National Registry.\n (2) If the Director‑General of the CDC receives a request under subsection (1) to correct personal information in relation to an individual, the Director‑General must correct the information to ensure that, having regard to the purpose for which the information is included in the National Registry, the information is accurate, up‑to‑date, complete, relevant and not misleading.\n Director‑General of the CDC may correct minor errors etc.\n (3) The Director‑General of the CDC may, on the Director‑General’s own initiative, vary information included in the National Registry:\n (a) to correct a minor or technical error; or\n (b) to ensure that correct and consistent terminology is used.\n\n## Part 3—Dealing with information in the National Registry\n\n#### 20 Simplified outline of this Part\n\nInformation may be collected for inclusion in the National Registry (subsection 21(1)).\n\nPersonal information, workplace identifying information and information that is commercial‑in‑confidence that is included in the National Registry, or is derived from information included in the National Registry, is protected information.\n\nRecording, disclosure and use of protected information is authorised in specific circumstances, including for the purposes of the National Registry, by prescribed medical practitioners and for research (sections 21 and 22).\n\nIt is an offence for a person to make a record of, disclose or otherwise use protected information, without authorisation (section 23).\n\nThere are exceptions to the offence (sections 24 and 25).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\n#### 21 Authorised dealings with information—general\n\n Including information etc. in the National Registry\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) workplace identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including information in the National Registry.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Certain information in relation to an individual may be collected and recorded in the National Registry under Part 2 only with the individual’s consent.\n\n Authorised collection, disclosure or other use of information in the National Registry\n (2) A person may collect, make a record of, disclose or otherwise use protected information included in the National Registry, if:\n (a) the person does so for the purposes of the National Registry and is:\n (i) an officer or employee of the Commonwealth or a Commonwealth authority; or\n (ii) engaged by the Commonwealth, or a Commonwealth authority, to perform work relating to the purposes of the National Registry; or\n (iii) an officer or employee of a person referred to in subparagraph (ii), or engaged by a person referred to in subparagraph (ii) to perform work relating to the purposes of the National Registry; or\n (b) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the information is about a diagnosis, or the progression, of an occupational respiratory disease in relation to an individual;\n (iii) the collection, recording, disclosure or use is for the purposes of providing healthcare to the individual in relation to the occupational respiratory disease; or\n (c) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the person has diagnosed an individual with an occupational respiratory disease, or is treating an individual for an occupational respiratory disease;\n (iii) the collection, recording, disclosure or use is for the purpose of checking whether information in relation to the individual is included in the National Registry; or\n (d) the person does so for the purposes of performing the person’s functions or duties, or exercising the person’s powers, under this Act; or\n (e) the person is required or authorised to do so by or under a law of the Commonwealth, or of a State or Territory; or\n (f) all of the following apply:\n (i) the person is the Director‑General of the CDC;\n (ii) the collection, recording, disclosure or use is for the purposes of disclosing information to an enforcement body;\n (iii) the person reasonably believes that the information is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, the enforcement body; or\n (g) the information is disclosed to the person under this section, and the collection, recording, disclosure or use is for the purpose for which the information was disclosed to the person; or\n (h) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (i) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Restrictions on collection, recording, disclosure or use of certain protected information for the purposes of research\n (3) However, the following information in relation to an individual must not be disclosed to a person under subsection (2) for the purposes of research:\n (a) information that identifies, or could be used to identify, the most recent workplace, or the main workplace, where the individual was exposed to a respiratory disease‑causing agent;\n (b) information that identifies, or could be used to identify, the prescribed medical practitioner who notified information in relation to the individual under Part 2;\n (c) any other kind of information that is prescribed by the rules.\n\n> Note: For research, see section 8.\n\n (4) Collection, recording, disclosure or use of personal information for the purposes of research of a kind to which guidelines approved under section 95 or 95A of the Privacy Act 1988 relate is authorised under paragraph (2)(a) or (g) of this section only if:\n (a) the collection, recording, use or disclosure is in accordance with the guidelines; and\n (b) in the case of disclosure—the disclosure is not prohibited by subsection (3) of this section.\n\n#### 22 Authorised dealings with information—Commonwealth authorities and State or Territory authorities\n\n Commonwealth authorities\n (1) The Director‑General of the CDC, or a contracted service provider, may disclose any minimum notification information in relation to an individual that is included in the National Registry and is protected information:\n (a) to a Commonwealth authority prescribed by the rules; and\n (b) for purposes connected with the performance of functions, or the exercise of powers, of the Commonwealth authority.\n\n> Note 1: For Commonwealth authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (2) A Commonwealth authority to which protected information is disclosed under subsection (1) may collect, make a record of, disclose or otherwise use that information for any of the purposes for which the information was disclosed to the Commonwealth authority.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n State or Territory authorities\n (3) The Director‑General of the CDC, or a contracted service provider, may disclose to a relevant State or Territory authority, for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f), any minimum notification information in relation to an individual that is included in the National Registry and is protected information if the individual:\n (a) resides in the State or Territory; or\n (b) was exposed to a respiratory disease‑causing agent in the State or Territory; or\n (c) was diagnosed with an occupational respiratory disease in the State or Territory.\n\n> Note 1: For relevant State or Territory authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (4) A relevant State or Territory authority to which protected information is disclosed under subsection (3) may collect, make a record of, disclose or otherwise use that information for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f).\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is protected information; and\n (c) the making of the record, disclosure or use, is not authorised by a provision of this Part.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, disclosure or use of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates included a reference to the person’s personal representative.\n\n> Note: For personal representative, see section 8.\n\n#### 25 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Reports including statistical and other information relating to information included in the National Registry\n\n (1) The Director‑General of the CDC must, as soon as practicable after 30 June in each year, publish a report including the following information:\n (a) the number of notifications of each prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (b) the number of notifications of each non‑prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (c) aggregate information and statistics about the occupation, main job task, industry and State of residence of diagnosed individuals at the time they were exposed to respiratory disease‑causing agents.\n\n> Note: See subsection (6) in relation to the first report published under this subsection.\n\n (2) The Director‑General of the CDC may at any time, for the purposes of the National Registry:\n (a) prepare statistical reports at a national level relating to information that is:\n (i) included in the National Registry; and\n (ii) of a kind prescribed by the rules; and\n (b) make the reports available to relevant State or Territory authorities and prescribed medical practitioners.\n (3) The Director‑General of the CDC may at any time, for the purposes of the National Registry, publish reports relating to information that is:\n (a) included in the National Registry; and\n (b) of a kind prescribed by the rules.\n The reports may include statistical and other information.\n (4) If protected information is to be published or otherwise made available under this section, the Director‑General of the CDC must, before publishing the information or making it available, take such steps as are reasonable in the circumstances to ensure that the information is de‑identified.\n (5) For the purposes of subsection (4), information is de‑identified if the information is no longer about:\n (a) an identifiable individual or an individual who is reasonably identifiable; or\n (b) an identified workplace, employer or business or a workplace, employer or business that is reasonably identifiable.\n (6) If this Act commences on a day other than 1 July in a year, subsection (1) has effect in relation to the first report required to be published under that subsection as if each reference to the period of 12 months ending on that 30 June were a reference to the period starting on the day this Act commences and ending on that 30 June.\n\n## Part 4—Other matters\n\n#### 27 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, agreements, fees, delegations and rules.\n\n#### 28 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Director‑General of the CDC;\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n Liability of Crown\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.\n\n#### 29 Approved forms\n\n The Director‑General of the CDC may, in writing, approve a form for the purposes of a provision of this Act.\n\n#### 30 Agreements\n\n The Director‑General of the CDC may, on behalf of the Commonwealth, engage a person under a written agreement to perform services for, or on behalf of, the Commonwealth in connection with functions of the Commonwealth or the Director‑General under this Act.\n\n#### 31 Fees\n\n (1) The Director‑General of the CDC may, on behalf of the Commonwealth, charge a fee in relation to the disclosure of protected information to a person (other than a Commonwealth authority) under section 21 or 22 if the disclosure is made in response to a specific request by the person.\n (2) The amount of the fee that may be charged under subsection (1) is the amount:\n (a) determined by the Director‑General of the CDC by legislative instrument; or\n (b) worked out in accordance with a method determined by the Director‑General by legislative instrument.\n (3) A legislative instrument under paragraph (2)(a) or (b) may determine different amounts, or different methods for working out amounts (as the case may be), having regard to the form or manner in which protected information is disclosed.\n (4) A fee that is due and payable to the Commonwealth under subsection (1) may be recovered as a debt that is due to the Commonwealth by action in:\n (a) the Federal Court of Australia; or\n (b) the Federal Circuit and Family Court of Australia (Division 2); or\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n (5) A fee charged under subsection (1) must not be such as to amount to taxation.\n\n#### 32 Delegation\n\n Minister’s functions and powers\n (1) The Minister may, in writing, delegate the Minister’s functions or powers under section 9 (commercial‑in‑confidence information) to:\n (a) the Director‑General of the CDC; or\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Director‑General of the CDC’s functions and powers\n (3) The Director‑General of the CDC may, in writing, delegate the Director‑General’s functions or powers under this Act (other than subsection 12(4)) to an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Delegate must comply with directions of delegator\n (4) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the person who delegated the function or power.\n\n#### 33 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before making rules for the purposes of the definition of prescribed occupational respiratory disease in section 8, the Minister must:\n (a) consult the Director‑General of the CDC; and\n (b) consult the relevant State or Territory authorities of each State or Territory through the State or Territory Health Minister; and\n (c) have regard to the submissions (if any) made by the Director‑General or a State or Territory Health Minister because of that consultation.\n\n> Note: For relevant State or Territory authority, see section 8.\n\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Notifying information about prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner","content":"#### 14 Notifying information about prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information must be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with an occupational respiratory disease at or after the commencement of this Act; and\n (b) at the time the diagnosis is made, the occupational respiratory disease is a prescribed occupational respiratory disease;\n the prescribed medical practitioner must notify the Director‑General of the CDC, in an approved form and by the time, or within the period, prescribed by the rules, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (5)).\n\n (2) Subsection (1) applies whether or not the individual consents to the notification of the information under that subsection.\n Civil penalty provision\n (3) A person is liable to a civil penalty if the person contravenes subsection (1).\n\nCivil penalty: 30 penalty units.\n\n Continuing contraventions\n (4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.\n Additional information may be notified\n (5) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Notifying information about prescribed occupational respiratory diseases—treating prescribed medical practitioner","content":"#### 15 Notifying information about prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner has diagnosed an individual with a prescribed occupational respiratory disease before the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, without obtaining the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (4) If information in relation to an individual who has been diagnosed with a prescribed occupational respiratory disease is included in the National Registry under section 14 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (5), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (5) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (4) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Notifying information about non‑prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner","content":"#### 16 Notifying information about non‑prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) Subject to subsection (2), a prescribed medical practitioner who diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) for the purpose of complying with a requirement under a law of a State or Territory, the medical practitioner is required to notify the Director‑General of the CDC, in an approved form, of the diagnosis of that disease in relation to the individual;\n the medical practitioner may, without obtaining the individual’s consent, notify the Director‑General, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Notifying information about non‑prescribed occupational respiratory diseases—treating prescribed medical practitioner","content":"#### 17 Notifying information about non‑prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease (whether the diagnosis was made before, or is made at or after, the commencement of this Act); and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (2)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the non‑prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (2) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (3) If information in relation to an individual who has been diagnosed with a non‑prescribed occupational respiratory disease is included in the National Registry under section 16 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (4), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (4) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (3) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Director‑General of the CDC or contracted service provider may request individual to provide additional notification information","content":"#### 18 Director‑General of the CDC or contracted service provider may request individual to provide additional notification information\n\n (1) If a prescribed medical practitioner has notified the Director‑General of the CDC of the minimum notification information in relation to an individual under section 14, 15, 16 or 17, the Director‑General, or a contracted service provider, may request, in writing, the individual to give the Director‑General, or the contracted service provider, additional notification information in relation to the individual as specified in the request.\n\n> Note: For additional notification information, see subsection 12(3).\n\n (2) A request under subsection (1) may:\n (a) be made by electronic communication; and\n (b) ask the individual to give the specified information by electronic communication.\n (3) An individual who receives a request under subsection (1) is not obliged to comply with the request.","sortOrder":24},{"sectionNumber":"Division 4","sectionType":"division","heading":"Variation of information in the National Registry","content":"An Act to establish the National Occupational Respiratory Disease Registry, and for related purposes\n\n## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Short title\n\n This Act is the National Occupational Respiratory Disease Registry Act 2023.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

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Date/Details

1. The whole of this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

22 May 2024

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object of this Act\n\n The object of this Act is to establish a National Occupational Respiratory Disease Registry that will record the incidence of occupational respiratory diseases in Australia and assist in preventing further worker exposure to respiratory disease‑causing agents.\n\n#### 4 Simplified outline of this Act\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (Part 2).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nThere are protections for sensitive information (Part 3).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\nFees may be charged in relation to the disclosure of protected information in certain circumstances (section 31).\n\nCertain matters are to be prescribed by rules made by the Minister, or determinations made by the Director‑General of the CDC. The rules and determinations are disallowable legislative instruments (sections 12, 31 and 33).\n\n#### 5 Act binds the Crown\n\n This Act binds the Crown in each of its capacities. However, it does not make the Crown liable to be prosecuted for an offence.\n\n> Note: See subsection 28(4) in relation to civil penalties.\n\n#### 6 Act extends to external Territories\n\n This Act extends to every external Territory.\n\n#### 7 Concurrent operation of State and Territory laws\n\n (1) This Act does not exclude or limit the operation of a law of a State or Territory relating to the use, reporting or other disclosure of information concerning occupational respiratory diseases, to the extent that the law of the State or Territory is capable of operating concurrently with this Act.\n (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:\n (a) the law makes an act or omission:\n (i) an offence; or\n (ii) subject to a civil penalty; and\n (b) that (or any similar) act or omission is also:\n (i) an offence against a provision of this Act; or\n (ii) subject to a civil penalty under this Act.\n (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty:\n (a) provides for a penalty that differs from the penalty provided by this Act;\n (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act;\n (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.\n\n### Division 2—Interpretation\n\n#### 8 Definitions\n\n In this Act:\n\n> additional notification information has the meaning given by subsection 12(3).\n\n> approved form means a form approved under section 29.\n\n> Australia, when used in a geographical sense, includes every external Territory.\n\n> Australian Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> commercial‑in‑confidence has the meaning given by section 9.\n\n> Commonwealth authority means a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n> contracted service provider means a person who is engaged under an agreement in force under section 30.\n\n> Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025.\n\n> enforcement body means any of the following:\n\n (a) the Australian Federal Police;\n (b) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (c) the Australian Crime Commission;\n (d) the Office of the Director of Public Prosecutions.\n\n> enforcement related activity has the same meaning as in the Privacy Act 1988.\n\n> entity means any of the following:\n\n (a) a person;\n (b) a partnership;\n (c) any other unincorporated association or body;\n (d) a trust;\n (e) a part of another entity (under a previous application of this definition).\n\n> healthcare means a health service within the meaning of subsection 6(1) of the Privacy Act 1988.\n\n> minimum notification information has the meaning given by subsection 12(2).\n\n> National Registry means the National Occupational Respiratory Disease Registry established under section 11.\n\n> non‑prescribed occupational respiratory disease means an occupational respiratory disease that is not a prescribed occupational respiratory disease.\n\n> occupational respiratory disease means a medical condition associated with an individual’s respiratory system that is likely to have been caused or exacerbated, in whole or in part, by the individual’s work or workplace.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> personal representative, of an individual, means:\n\n (a) a parent or guardian of the individual, if the individual is incapable of managing the individual’s health affairs; or\n (b) a trustee of an estate of the individual, if the individual is under a legal disability; or\n (c) a person who holds an enduring power of attorney granted by the individual.\n\n> prescribed medical practitioner means a medical practitioner of a kind prescribed by the rules.\n\n> prescribed occupational respiratory disease means an occupational respiratory disease prescribed by the rules.\n\n> protected information means personal information, workplace identifying information or information that is commercial‑in‑confidence, to the extent that the information is:\n\n (a) included in the National Registry or obtained under, or in accordance with, this Act; or\n (b) derived from a record of information that was included in the National Registry or was obtained under, or in accordance with, this Act; or\n (c) derived from a disclosure or use of information that was included in the National Registry or was obtained under, or in accordance with, this Act.\n\n> purposes of the National Registry means the purposes set out in section 13.\n\n> registration authority means an entity that is responsible under a law for registering members of a particular health profession.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant State or Territory authority means a State or Territory authority that:\n\n (a) has functions in relation to, or that is responsible for or deals with, occupational health and safety in the State or Territory; or\n (b) has functions in relation to, or that is responsible for or deals with, health in the State or Territory; or\n (c) is prescribed by the rules.\n\n> research:\n\n (a) means research relating to occupational respiratory diseases; and\n (b) includes research relating to the causes, incidence, prevalence, nature, extent and trends of occupational respiratory diseases.\n\n> respiratory disease‑causing agents means agents such as dusts, gases, fumes, vapours, mists, fungi and fibres that can cause or contribute to an occupational respiratory disease.\n\n> rules means rules made under subsection 33(1).\n\n> State or Territory authority has the same meaning as in the Privacy Act 1988.\n\n> State or Territory Health Minister means the State or Territory Minister who is responsible, or principally responsible, for matters relating to health in the State or Territory.\n\n> workplace identifying information:\n\n (a) means information about an identified, or reasonably identifiable, workplace; and\n (b) includes information that identifies, or could be used to identify, an employer or business.\n\n#### 9 Meaning of commercial‑in‑confidence\n\n Information is commercial‑in‑confidence if a person demonstrates to the Minister that:\n (a) release of the information would cause competitive detriment to the person; and\n (b) the information is not in the public domain; and\n (c) the information is not required to be disclosed under a law of the Commonwealth, or of a State or Territory; and\n (d) the information is not readily discoverable.\n\n## Part 2—National Occupational Respiratory Disease Registry\n\n### Division 1—Simplified outline of this Part\n\n#### 10 Simplified outline of this Part\n\nThe Commonwealth is to establish the National Occupational Respiratory Disease Registry (section 11).\n\nThe National Registry is to include certain information relating to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease (section 12).\n\nThe purposes of the National Registry (section 13) relate to:\n\n(a) providing access to information about occupational respiratory diseases; and\n\n(b) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents; and\n\n(c) occupational respiratory disease matters more broadly.\n\nA prescribed medical practitioner who has diagnosed an individual with an occupational respiratory disease may be authorised or required to notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry. A prescribed medical practitioner who is treating an individual for an occupational respiratory disease may also notify the Director‑General of the CDC of certain information in relation to the individual for inclusion in the National Registry (Division 3).\n\nThe Director‑General of the CDC may vary information included in the National Registry (Division 4).\n\n### Division 2—Establishment, contents and purposes\n\n#### 11 Establishment of the National Registry\n\n (1) The Commonwealth must establish and keep a registry to be called the National Occupational Respiratory Disease Registry.\n (2) The National Registry may be kept by electronic means.\n (3) Parts of the National Registry may be kept separate from each other, and be called different names.\n (4) The National Registry is not a legislative instrument.\n\n#### 12 Contents of the National Registry\n\n (1) The National Registry may include the following information in relation to individuals who have been diagnosed with, or are being treated for, an occupational respiratory disease:\n (a) minimum notification information;\n (b) additional notification information;\n (c) any other information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this paragraph.\n (2) Minimum notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (3) Additional notification information in relation to an individual who has been diagnosed with, or is being treated for, an occupational respiratory disease is information (other than minimum notification information) that is relevant to the purposes of the National Registry and is determined by the Director‑General of the CDC under subsection (4) for the purposes of this subsection.\n (4) The Director‑General of the CDC may, by legislative instrument, determine the following:\n (a) information for the purposes of paragraph (1)(c);\n (b) information for the purposes of subsection (2);\n (c) information for the purposes of subsection (3).\n\n#### 13 Purposes of the National Registry\n\n (1) The purposes of the National Registry are to facilitate the following:\n (a) collecting, storing, analysing and publishing by electronic means information relating to the diagnosis and progression of occupational respiratory diseases in Australia;\n (b) collecting, analysing and publishing statistics in relation to occupational respiratory diseases in Australia;\n (c) providing statistics in relation to occupational respiratory diseases in Australia to States and Territories and to prescribed medical practitioners;\n (d) for the benefit of the nation:\n (i) monitoring the incidence of occupational respiratory diseases in Australia; and\n (ii) taking preventative action;\n (e) any activities that are incidental to the above purposes.\n (2) The purposes of the National Registry also include to facilitate the following:\n (a) supporting the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease‑causing agents:\n (i) to enable the application of timely and targeted interventions and prevention activities to reduce further worker exposure and disease; and\n (ii) to assist with compliance and enforcement activities in relation to occupational health and safety matters;\n (b) providing prescribed medical practitioners with access to information included in the National Registry in relation to an individual who has been diagnosed with an occupational respiratory disease for the purpose of providing healthcare to the individual in relation to the disease;\n (c) monitoring the quality and effectiveness of policy and regulatory arrangements in relation to occupational respiratory diseases to inform and enhance policy development, programs and decision‑making relating to the prevention of occupational respiratory diseases;\n (d) planning, delivering and promoting healthcare and associated services in relation to occupational respiratory diseases;\n (e) identifying individuals for inclusion in clinical trials or observational studies in relation to occupational respiratory diseases;\n (f) research (as defined in section 8);\n (g) any activities that are incidental to the above purposes.\n Constitutional basis—subsection (2)\n (3) Subparagraph (2)(a)(i) and paragraphs (2)(b) to (g) rely on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under the following:\n (a) paragraph 1 of Article 2 and subparagraphs (b), (c) and (d) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966;\n (b) Articles 4 and 8 and subparagraph (c) of Article 11 of the International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment done at Geneva on 22 June 1981;\n (c) the Protocol of 2002 to the Occupational Safety and Health Convention 1981 done at Geneva on 20 June 2002.\n\n> Note 1: The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 (\\[1976\\] ATS 5) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The International Labour Organization Convention No. 155 concerning Occupational Safety and Health and the Working Environment is in Australian Treaty Series 2005 No. 11 (\\[2005\\] ATS 11) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 3: The Protocol of 2002 to the Occupational Safety and Health Convention 1981 is in Australian Treaty Series 2012 No. 26 (\\[2012\\] ATS 26) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (4) Subparagraph (2)(a)(ii) relies on the legislative power that the Parliament has under the Constitution to give effect to Australia’s obligations under paragraph 1 of Article 2 and subparagraphs (b) and (c) of paragraph 2 of Article 12 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.\n (5) Paragraph (2)(b) also relies on the legislative power that the Parliament has under the Constitution with respect to the provision of medical services.\n (6) Paragraphs (2)(c), (d) and (f) also rely on the legislative power that the Parliament has under the Constitution with respect to:\n (a) the executive power of the Commonwealth; or\n (b) matters incidental to the execution of any of the legislative powers of the Parliament.\n\n### Division 3—Notifying information for the National Registry\n\n#### 14 Notifying information about prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information must be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with an occupational respiratory disease at or after the commencement of this Act; and\n (b) at the time the diagnosis is made, the occupational respiratory disease is a prescribed occupational respiratory disease;\n the prescribed medical practitioner must notify the Director‑General of the CDC, in an approved form and by the time, or within the period, prescribed by the rules, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (5)).\n\n (2) Subsection (1) applies whether or not the individual consents to the notification of the information under that subsection.\n Civil penalty provision\n (3) A person is liable to a civil penalty if the person contravenes subsection (1).\n\nCivil penalty: 30 penalty units.\n\n Continuing contraventions\n (4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.\n Additional information may be notified\n (5) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 15 Notifying information about prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner has diagnosed an individual with a prescribed occupational respiratory disease before the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, without obtaining the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (4) If information in relation to an individual who has been diagnosed with a prescribed occupational respiratory disease is included in the National Registry under section 14 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (5), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (5) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (4) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 16 Notifying information about non‑prescribed occupational respiratory diseases—diagnosing prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) Subject to subsection (2), a prescribed medical practitioner who diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n (2) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease at or after the commencement of this Act; and\n (b) for the purpose of complying with a requirement under a law of a State or Territory, the medical practitioner is required to notify the Director‑General of the CDC, in an approved form, of the diagnosis of that disease in relation to the individual;\n the medical practitioner may, without obtaining the individual’s consent, notify the Director‑General, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (3)).\n\n Additional information may be notified\n (3) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) or (2) may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n#### 17 Notifying information about non‑prescribed occupational respiratory diseases—treating prescribed medical practitioner\n\n Minimum notification information may be notified\n (1) If:\n (a) a prescribed medical practitioner diagnoses an individual with a non‑prescribed occupational respiratory disease (whether the diagnosis was made before, or is made at or after, the commencement of this Act); and\n (b) the minimum notification information in relation to the individual is not included in the National Registry;\n a prescribed medical practitioner who is treating the individual for the disease may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of the minimum notification information in relation to the individual.\n\n> Note 1: For minimum notification information, see subsection 12(2).\n\n> Note 2: The prescribed medical practitioner may, with the individual’s consent, also notify the Director‑General of the CDC, in an approved form, of additional information in relation to the individual (see subsection (2)).\n\n> Note 3: The prescribed medical practitioner who diagnosed the individual with the non‑prescribed occupational respiratory disease and the prescribed medical practitioner who is treating the individual for the disease may be the same person.\n\n Additional information may be notified\n (2) A prescribed medical practitioner who notifies minimum notification information in relation to an individual under subsection (1) may, with the individual’s consent, notify the Director‑General of the CDC, in an approved form, of some or all of the following:\n (a) the additional notification information in relation to the individual;\n (b) other information (if any) in relation to the individual determined under subsection 12(4) for the purposes of paragraph 12(1)(c).\n\n> Note: For additional notification information, see subsection 12(3).\n\n Information included in the National Registry may be corrected or updated\n (3) If information in relation to an individual who has been diagnosed with a non‑prescribed occupational respiratory disease is included in the National Registry under section 16 or this section, a prescribed medical practitioner who is treating the individual for the disease may, subject to subsection (4), correct or update the information by notifying the Director‑General of the CDC in an approved form.\n (4) A prescribed medical practitioner may correct or update information in relation to an individual under subsection (3) to make minor or technical changes (including to correct a minor error) without obtaining the individual’s consent. For any other changes, the prescribed medical practitioner must obtain the consent of the individual.\n\n#### 18 Director‑General of the CDC or contracted service provider may request individual to provide additional notification information\n\n (1) If a prescribed medical practitioner has notified the Director‑General of the CDC of the minimum notification information in relation to an individual under section 14, 15, 16 or 17, the Director‑General, or a contracted service provider, may request, in writing, the individual to give the Director‑General, or the contracted service provider, additional notification information in relation to the individual as specified in the request.\n\n> Note: For additional notification information, see subsection 12(3).\n\n (2) A request under subsection (1) may:\n (a) be made by electronic communication; and\n (b) ask the individual to give the specified information by electronic communication.\n (3) An individual who receives a request under subsection (1) is not obliged to comply with the request.\n\n### Division 4—Variation of information in the National Registry\n\n#### 19 Variation of information included in the National Registry\n\n Director‑General of the CDC must correct personal information on request by individual\n (1) An individual may request the Director‑General of the CDC, in writing, to correct personal information in relation to the individual that is included in the National Registry.\n (2) If the Director‑General of the CDC receives a request under subsection (1) to correct personal information in relation to an individual, the Director‑General must correct the information to ensure that, having regard to the purpose for which the information is included in the National Registry, the information is accurate, up‑to‑date, complete, relevant and not misleading.\n Director‑General of the CDC may correct minor errors etc.\n (3) The Director‑General of the CDC may, on the Director‑General’s own initiative, vary information included in the National Registry:\n (a) to correct a minor or technical error; or\n (b) to ensure that correct and consistent terminology is used.\n\n## Part 3—Dealing with information in the National Registry\n\n#### 20 Simplified outline of this Part\n\nInformation may be collected for inclusion in the National Registry (subsection 21(1)).\n\nPersonal information, workplace identifying information and information that is commercial‑in‑confidence that is included in the National Registry, or is derived from information included in the National Registry, is protected information.\n\nRecording, disclosure and use of protected information is authorised in specific circumstances, including for the purposes of the National Registry, by prescribed medical practitioners and for research (sections 21 and 22).\n\nIt is an offence for a person to make a record of, disclose or otherwise use protected information, without authorisation (section 23).\n\nThere are exceptions to the offence (sections 24 and 25).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).\n\n#### 21 Authorised dealings with information—general\n\n Including information etc. in the National Registry\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) workplace identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including information in the National Registry.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Certain information in relation to an individual may be collected and recorded in the National Registry under Part 2 only with the individual’s consent.\n\n Authorised collection, disclosure or other use of information in the National Registry\n (2) A person may collect, make a record of, disclose or otherwise use protected information included in the National Registry, if:\n (a) the person does so for the purposes of the National Registry and is:\n (i) an officer or employee of the Commonwealth or a Commonwealth authority; or\n (ii) engaged by the Commonwealth, or a Commonwealth authority, to perform work relating to the purposes of the National Registry; or\n (iii) an officer or employee of a person referred to in subparagraph (ii), or engaged by a person referred to in subparagraph (ii) to perform work relating to the purposes of the National Registry; or\n (b) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the information is about a diagnosis, or the progression, of an occupational respiratory disease in relation to an individual;\n (iii) the collection, recording, disclosure or use is for the purposes of providing healthcare to the individual in relation to the occupational respiratory disease; or\n (c) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the person has diagnosed an individual with an occupational respiratory disease, or is treating an individual for an occupational respiratory disease;\n (iii) the collection, recording, disclosure or use is for the purpose of checking whether information in relation to the individual is included in the National Registry; or\n (d) the person does so for the purposes of performing the person’s functions or duties, or exercising the person’s powers, under this Act; or\n (e) the person is required or authorised to do so by or under a law of the Commonwealth, or of a State or Territory; or\n (f) all of the following apply:\n (i) the person is the Director‑General of the CDC;\n (ii) the collection, recording, disclosure or use is for the purposes of disclosing information to an enforcement body;\n (iii) the person reasonably believes that the information is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, the enforcement body; or\n (g) the information is disclosed to the person under this section, and the collection, recording, disclosure or use is for the purpose for which the information was disclosed to the person; or\n (h) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (i) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Restrictions on collection, recording, disclosure or use of certain protected information for the purposes of research\n (3) However, the following information in relation to an individual must not be disclosed to a person under subsection (2) for the purposes of research:\n (a) information that identifies, or could be used to identify, the most recent workplace, or the main workplace, where the individual was exposed to a respiratory disease‑causing agent;\n (b) information that identifies, or could be used to identify, the prescribed medical practitioner who notified information in relation to the individual under Part 2;\n (c) any other kind of information that is prescribed by the rules.\n\n> Note: For research, see section 8.\n\n (4) Collection, recording, disclosure or use of personal information for the purposes of research of a kind to which guidelines approved under section 95 or 95A of the Privacy Act 1988 relate is authorised under paragraph (2)(a) or (g) of this section only if:\n (a) the collection, recording, use or disclosure is in accordance with the guidelines; and\n (b) in the case of disclosure—the disclosure is not prohibited by subsection (3) of this section.\n\n#### 22 Authorised dealings with information—Commonwealth authorities and State or Territory authorities\n\n Commonwealth authorities\n (1) The Director‑General of the CDC, or a contracted service provider, may disclose any minimum notification information in relation to an individual that is included in the National Registry and is protected information:\n (a) to a Commonwealth authority prescribed by the rules; and\n (b) for purposes connected with the performance of functions, or the exercise of powers, of the Commonwealth authority.\n\n> Note 1: For Commonwealth authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (2) A Commonwealth authority to which protected information is disclosed under subsection (1) may collect, make a record of, disclose or otherwise use that information for any of the purposes for which the information was disclosed to the Commonwealth authority.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n State or Territory authorities\n (3) The Director‑General of the CDC, or a contracted service provider, may disclose to a relevant State or Territory authority, for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f), any minimum notification information in relation to an individual that is included in the National Registry and is protected information if the individual:\n (a) resides in the State or Territory; or\n (b) was exposed to a respiratory disease‑causing agent in the State or Territory; or\n (c) was diagnosed with an occupational respiratory disease in the State or Territory.\n\n> Note 1: For relevant State or Territory authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (4) A relevant State or Territory authority to which protected information is disclosed under subsection (3) may collect, make a record of, disclose or otherwise use that information for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f).\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is protected information; and\n (c) the making of the record, disclosure or use, is not authorised by a provision of this Part.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.\n\n#### 24 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, disclosure or use of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates included a reference to the person’s personal representative.\n\n> Note: For personal representative, see section 8.\n\n#### 25 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).\n\n#### 26 Reports including statistical and other information relating to information included in the National Registry\n\n (1) The Director‑General of the CDC must, as soon as practicable after 30 June in each year, publish a report including the following information:\n (a) the number of notifications of each prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (b) the number of notifications of each non‑prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (c) aggregate information and statistics about the occupation, main job task, industry and State of residence of diagnosed individuals at the time they were exposed to respiratory disease‑causing agents.\n\n> Note: See subsection (6) in relation to the first report published under this subsection.\n\n (2) The Director‑General of the CDC may at any time, for the purposes of the National Registry:\n (a) prepare statistical reports at a national level relating to information that is:\n (i) included in the National Registry; and\n (ii) of a kind prescribed by the rules; and\n (b) make the reports available to relevant State or Territory authorities and prescribed medical practitioners.\n (3) The Director‑General of the CDC may at any time, for the purposes of the National Registry, publish reports relating to information that is:\n (a) included in the National Registry; and\n (b) of a kind prescribed by the rules.\n The reports may include statistical and other information.\n (4) If protected information is to be published or otherwise made available under this section, the Director‑General of the CDC must, before publishing the information or making it available, take such steps as are reasonable in the circumstances to ensure that the information is de‑identified.\n (5) For the purposes of subsection (4), information is de‑identified if the information is no longer about:\n (a) an identifiable individual or an individual who is reasonably identifiable; or\n (b) an identified workplace, employer or business or a workplace, employer or business that is reasonably identifiable.\n (6) If this Act commences on a day other than 1 July in a year, subsection (1) has effect in relation to the first report required to be published under that subsection as if each reference to the period of 12 months ending on that 30 June were a reference to the period starting on the day this Act commences and ending on that 30 June.\n\n## Part 4—Other matters\n\n#### 27 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, agreements, fees, delegations and rules.\n\n#### 28 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Director‑General of the CDC;\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n Liability of Crown\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.\n\n#### 29 Approved forms\n\n The Director‑General of the CDC may, in writing, approve a form for the purposes of a provision of this Act.\n\n#### 30 Agreements\n\n The Director‑General of the CDC may, on behalf of the Commonwealth, engage a person under a written agreement to perform services for, or on behalf of, the Commonwealth in connection with functions of the Commonwealth or the Director‑General under this Act.\n\n#### 31 Fees\n\n (1) The Director‑General of the CDC may, on behalf of the Commonwealth, charge a fee in relation to the disclosure of protected information to a person (other than a Commonwealth authority) under section 21 or 22 if the disclosure is made in response to a specific request by the person.\n (2) The amount of the fee that may be charged under subsection (1) is the amount:\n (a) determined by the Director‑General of the CDC by legislative instrument; or\n (b) worked out in accordance with a method determined by the Director‑General by legislative instrument.\n (3) A legislative instrument under paragraph (2)(a) or (b) may determine different amounts, or different methods for working out amounts (as the case may be), having regard to the form or manner in which protected information is disclosed.\n (4) A fee that is due and payable to the Commonwealth under subsection (1) may be recovered as a debt that is due to the Commonwealth by action in:\n (a) the Federal Court of Australia; or\n (b) the Federal Circuit and Family Court of Australia (Division 2); or\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n (5) A fee charged under subsection (1) must not be such as to amount to taxation.\n\n#### 32 Delegation\n\n Minister’s functions and powers\n (1) The Minister may, in writing, delegate the Minister’s functions or powers under section 9 (commercial‑in‑confidence information) to:\n (a) the Director‑General of the CDC; or\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Director‑General of the CDC’s functions and powers\n (3) The Director‑General of the CDC may, in writing, delegate the Director‑General’s functions or powers under this Act (other than subsection 12(4)) to an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Delegate must comply with directions of delegator\n (4) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the person who delegated the function or power.\n\n#### 33 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before making rules for the purposes of the definition of prescribed occupational respiratory disease in section 8, the Minister must:\n (a) consult the Director‑General of the CDC; and\n (b) consult the relevant State or Territory authorities of each State or Territory through the State or Territory Health Minister; and\n (c) have regard to the submissions (if any) made by the Director‑General or a State or Territory Health Minister because of that consultation.\n\n> Note: For relevant State or Territory authority, see section 8.\n\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Variation of information included in the National Registry","content":"#### 19 Variation of information included in the National Registry\n\n Director‑General of the CDC must correct personal information on request by individual\n (1) An individual may request the Director‑General of the CDC, in writing, to correct personal information in relation to the individual that is included in the National Registry.\n (2) If the Director‑General of the CDC receives a request under subsection (1) to correct personal information in relation to an individual, the Director‑General must correct the information to ensure that, having regard to the purpose for which the information is included in the National Registry, the information is accurate, up‑to‑date, complete, relevant and not misleading.\n Director‑General of the CDC may correct minor errors etc.\n (3) The Director‑General of the CDC may, on the Director‑General’s own initiative, vary information included in the National Registry:\n (a) to correct a minor or technical error; or\n (b) to ensure that correct and consistent terminology is used.","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Dealing with information in the National Registry","content":"## Part 3—Dealing with information in the National Registry","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 20 Simplified outline of this Part\n\nInformation may be collected for inclusion in the National Registry (subsection 21(1)).\n\nPersonal information, workplace identifying information and information that is commercial‑in‑confidence that is included in the National Registry, or is derived from information included in the National Registry, is protected information.\n\nRecording, disclosure and use of protected information is authorised in specific circumstances, including for the purposes of the National Registry, by prescribed medical practitioners and for research (sections 21 and 22).\n\nIt is an offence for a person to make a record of, disclose or otherwise use protected information, without authorisation (section 23).\n\nThere are exceptions to the offence (sections 24 and 25).\n\nThe Director‑General of the CDC must publish an annual report including certain statistical information in relation to information included in the National Registry, and may publish or make available other reports in relation to information included in the National Registry (section 26).","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Authorised dealings with information—general","content":"#### 21 Authorised dealings with information—general\n\n Including information etc. in the National Registry\n (1) A person may collect, make a record of, disclose or otherwise use:\n (a) personal information; or\n (b) workplace identifying information; or\n (c) information that is commercial‑in‑confidence;\n if the person does so for the purposes of including information in the National Registry.\n\n> Note 1: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n> Note 2: Certain information in relation to an individual may be collected and recorded in the National Registry under Part 2 only with the individual’s consent.\n\n Authorised collection, disclosure or other use of information in the National Registry\n (2) A person may collect, make a record of, disclose or otherwise use protected information included in the National Registry, if:\n (a) the person does so for the purposes of the National Registry and is:\n (i) an officer or employee of the Commonwealth or a Commonwealth authority; or\n (ii) engaged by the Commonwealth, or a Commonwealth authority, to perform work relating to the purposes of the National Registry; or\n (iii) an officer or employee of a person referred to in subparagraph (ii), or engaged by a person referred to in subparagraph (ii) to perform work relating to the purposes of the National Registry; or\n (b) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the information is about a diagnosis, or the progression, of an occupational respiratory disease in relation to an individual;\n (iii) the collection, recording, disclosure or use is for the purposes of providing healthcare to the individual in relation to the occupational respiratory disease; or\n (c) all of the following apply:\n (i) the person is a prescribed medical practitioner;\n (ii) the person has diagnosed an individual with an occupational respiratory disease, or is treating an individual for an occupational respiratory disease;\n (iii) the collection, recording, disclosure or use is for the purpose of checking whether information in relation to the individual is included in the National Registry; or\n (d) the person does so for the purposes of performing the person’s functions or duties, or exercising the person’s powers, under this Act; or\n (e) the person is required or authorised to do so by or under a law of the Commonwealth, or of a State or Territory; or\n (f) all of the following apply:\n (i) the person is the Director‑General of the CDC;\n (ii) the collection, recording, disclosure or use is for the purposes of disclosing information to an enforcement body;\n (iii) the person reasonably believes that the information is reasonably necessary for, or directly related to, one or more enforcement related activities being conducted by, or on behalf of, the enforcement body; or\n (g) the information is disclosed to the person under this section, and the collection, recording, disclosure or use is for the purpose for which the information was disclosed to the person; or\n (h) the person does so for the purposes of court or tribunal proceedings, or in accordance with an order of a court or tribunal; or\n (i) the person does so for the purposes of a coronial inquiry, or in accordance with an order of a coroner.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n Restrictions on collection, recording, disclosure or use of certain protected information for the purposes of research\n (3) However, the following information in relation to an individual must not be disclosed to a person under subsection (2) for the purposes of research:\n (a) information that identifies, or could be used to identify, the most recent workplace, or the main workplace, where the individual was exposed to a respiratory disease‑causing agent;\n (b) information that identifies, or could be used to identify, the prescribed medical practitioner who notified information in relation to the individual under Part 2;\n (c) any other kind of information that is prescribed by the rules.\n\n> Note: For research, see section 8.\n\n (4) Collection, recording, disclosure or use of personal information for the purposes of research of a kind to which guidelines approved under section 95 or 95A of the Privacy Act 1988 relate is authorised under paragraph (2)(a) or (g) of this section only if:\n (a) the collection, recording, use or disclosure is in accordance with the guidelines; and\n (b) in the case of disclosure—the disclosure is not prohibited by subsection (3) of this section.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Authorised dealings with information—Commonwealth authorities and State or Territory authorities","content":"#### 22 Authorised dealings with information—Commonwealth authorities and State or Territory authorities\n\n Commonwealth authorities\n (1) The Director‑General of the CDC, or a contracted service provider, may disclose any minimum notification information in relation to an individual that is included in the National Registry and is protected information:\n (a) to a Commonwealth authority prescribed by the rules; and\n (b) for purposes connected with the performance of functions, or the exercise of powers, of the Commonwealth authority.\n\n> Note 1: For Commonwealth authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (2) A Commonwealth authority to which protected information is disclosed under subsection (1) may collect, make a record of, disclose or otherwise use that information for any of the purposes for which the information was disclosed to the Commonwealth authority.\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n State or Territory authorities\n (3) The Director‑General of the CDC, or a contracted service provider, may disclose to a relevant State or Territory authority, for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f), any minimum notification information in relation to an individual that is included in the National Registry and is protected information if the individual:\n (a) resides in the State or Territory; or\n (b) was exposed to a respiratory disease‑causing agent in the State or Territory; or\n (c) was diagnosed with an occupational respiratory disease in the State or Territory.\n\n> Note 1: For relevant State or Territory authority, see section 8.\n\n> Note 2: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.\n\n (4) A relevant State or Territory authority to which protected information is disclosed under subsection (3) may collect, make a record of, disclose or otherwise use that information for a purpose referred to in paragraph 13(2)(a), (c), (d) or (f).\n\n> Note: This subsection is an authorisation for the purposes of other laws, including the Australian Privacy Principles.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Offence relating to protected information","content":"#### 23 Offence relating to protected information\n\n A person commits an offence if:\n (a) the person makes a record of, discloses or otherwise uses information; and\n (b) the information is protected information; and\n (c) the making of the record, disclosure or use, is not authorised by a provision of this Part.\n\nPenalty: Imprisonment for 2 years or 120 penalty units, or both.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Exceptions relating to the person to whom the protected information relates","content":"#### 24 Exceptions relating to the person to whom the protected information relates\n\n (1) Section 23 does not apply to a person if:\n (a) the person discloses protected information to the person to whom the information relates; or\n (b) the person is the person to whom the protected information relates; or\n (c) the making of the record, disclosure or use of the protected information is in accordance with the express or implied consent of the person to whom the information relates.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) applies as if a reference in that subsection to the person to whom the protected information relates included a reference to the person’s personal representative.\n\n> Note: For personal representative, see section 8.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Exception for disclosure to person who provided the information","content":"#### 25 Exception for disclosure to person who provided the information\n\n Section 23 does not apply to a person if:\n (a) the person obtains protected information from another person; and\n (b) the person discloses that information to the other person.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Reports including statistical and other information relating to information included in the National Registry","content":"#### 26 Reports including statistical and other information relating to information included in the National Registry\n\n (1) The Director‑General of the CDC must, as soon as practicable after 30 June in each year, publish a report including the following information:\n (a) the number of notifications of each prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (b) the number of notifications of each non‑prescribed occupational respiratory disease made under Division 3 of Part 2 during the period of 12 months ending on that 30 June;\n (c) aggregate information and statistics about the occupation, main job task, industry and State of residence of diagnosed individuals at the time they were exposed to respiratory disease‑causing agents.\n\n> Note: See subsection (6) in relation to the first report published under this subsection.\n\n (2) The Director‑General of the CDC may at any time, for the purposes of the National Registry:\n (a) prepare statistical reports at a national level relating to information that is:\n (i) included in the National Registry; and\n (ii) of a kind prescribed by the rules; and\n (b) make the reports available to relevant State or Territory authorities and prescribed medical practitioners.\n (3) The Director‑General of the CDC may at any time, for the purposes of the National Registry, publish reports relating to information that is:\n (a) included in the National Registry; and\n (b) of a kind prescribed by the rules.\n The reports may include statistical and other information.\n (4) If protected information is to be published or otherwise made available under this section, the Director‑General of the CDC must, before publishing the information or making it available, take such steps as are reasonable in the circumstances to ensure that the information is de‑identified.\n (5) For the purposes of subsection (4), information is de‑identified if the information is no longer about:\n (a) an identifiable individual or an individual who is reasonably identifiable; or\n (b) an identified workplace, employer or business or a workplace, employer or business that is reasonably identifiable.\n (6) If this Act commences on a day other than 1 July in a year, subsection (1) has effect in relation to the first report required to be published under that subsection as if each reference to the period of 12 months ending on that 30 June were a reference to the period starting on the day this Act commences and ending on that 30 June.","sortOrder":34},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other matters","content":"## Part 4—Other matters","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 27 Simplified outline of this Part\n\nThis Part deals with other matters, such as civil penalties, approved forms, agreements, fees, delegations and rules.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Civil penalty provisions","content":"#### 28 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:\n (a) the Director‑General of the CDC;\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n Liability of Crown\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Approved forms","content":"#### 29 Approved forms\n\n The Director‑General of the CDC may, in writing, approve a form for the purposes of a provision of this Act.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Agreements","content":"#### 30 Agreements\n\n The Director‑General of the CDC may, on behalf of the Commonwealth, engage a person under a written agreement to perform services for, or on behalf of, the Commonwealth in connection with functions of the Commonwealth or the Director‑General under this Act.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Fees","content":"#### 31 Fees\n\n (1) The Director‑General of the CDC may, on behalf of the Commonwealth, charge a fee in relation to the disclosure of protected information to a person (other than a Commonwealth authority) under section 21 or 22 if the disclosure is made in response to a specific request by the person.\n (2) The amount of the fee that may be charged under subsection (1) is the amount:\n (a) determined by the Director‑General of the CDC by legislative instrument; or\n (b) worked out in accordance with a method determined by the Director‑General by legislative instrument.\n (3) A legislative instrument under paragraph (2)(a) or (b) may determine different amounts, or different methods for working out amounts (as the case may be), having regard to the form or manner in which protected information is disclosed.\n (4) A fee that is due and payable to the Commonwealth under subsection (1) may be recovered as a debt that is due to the Commonwealth by action in:\n (a) the Federal Court of Australia; or\n (b) the Federal Circuit and Family Court of Australia (Division 2); or\n (c) a court of a State or Territory that has jurisdiction in relation to the matter.\n (5) A fee charged under subsection (1) must not be such as to amount to taxation.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Delegation","content":"#### 32 Delegation\n\n Minister’s functions and powers\n (1) The Minister may, in writing, delegate the Minister’s functions or powers under section 9 (commercial‑in‑confidence information) to:\n (a) the Director‑General of the CDC; or\n (b) an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Director‑General of the CDC’s functions and powers\n (3) The Director‑General of the CDC may, in writing, delegate the Director‑General’s functions or powers under this Act (other than subsection 12(4)) to an SES employee, or an acting SES employee, in the Australian Centre for Disease Control.\n Delegate must comply with directions of delegator\n (4) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the person who delegated the function or power.","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Rules","content":"#### 33 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Before making rules for the purposes of the definition of prescribed occupational respiratory disease in section 8, the Minister must:\n (a) consult the Director‑General of the CDC; and\n (b) consult the relevant State or Territory authorities of each State or Territory through the State or Territory Health Minister; and\n (c) have regard to the submissions (if any) made by the Director‑General or a State or Territory Health Minister because of that consultation.\n\n> Note: For relevant State or Territory authority, see section 8.\n\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":42}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act adheres to its stated core purpose: to create a national registry that records occupational respiratory disease cases and supports prevention, monitoring and related activities (section 3 and section 13). It delegates substantial operational detail (which diseases are \"prescribed\", what constitutes minimum/additional information, which practitioners and authorities are involved) to rules and legislative instruments, which can change how broadly the Registry operates in practice, but those delegations are consistent with the Act’s original object rather than representing a substantive expansion beyond that object (see sections 12(4) and 33)."},"complexity_factors":["Many defined terms (around 30+ core definitions in section 8) that affect scope and operation","Delegation of substantive definitions and data items to legislative instruments (Director‑General) and rules (Minister) — multiple cross‑references (sections 12(4), 33)","Differential, conditional obligations for reporters (prescribed vs non‑prescribed diseases; diagnosing vs treating practitioner; consent exceptions) in sections 14–17","Two parallel enforcement regimes: civil penalties (Regulatory Powers Act) and criminal offence with significant custodial/penalty risk (sections 14(3), 23, 28)","Interplay and explicit concurrency with State/Territory laws (section 7) requiring coordination and potentially producing duplication/conflict","Delegation and contracting powers (sections 30, 32) introduce conditional operational complexity (third‑party arrangements and delegated decision‑making)","Research and disclosure limits with enumerated exclusions and requirement to de‑identify before publication (sections 21(3), 26(4)–(5))","Fee‑setting by legislative instrument for disclosure requests (section 31) — introduces further secondary instruments and pricing rules","Cross‑references to other legislation (Privacy Act 1988, Regulatory Powers Act, Public Governance, Performance and Accountability Act) increasing interpretive complexity"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a federal database called the National Occupational Respiratory Disease Registry to record cases of work‑related respiratory disease in Australia (section 11).\n- Specifies what kinds of information may be stored: \"minimum\" and \"additional\" notification information and any other information the Director‑General of the Australian Centre for Disease Control (CDC) determines by legislative instrument (section 12).\n- Requires or allows certain medical practitioners to notify the Director‑General of the CDC of information about individuals diagnosed with occupational respiratory disease, with different rules depending on whether the disease is a \"prescribed\" disease (mandatory notification) or a \"non‑prescribed\" disease (usually voluntary or consent‑based) (sections 14–17).\n- Gives the Director‑General and authorised Commonwealth staff (and persons engaged under agreements) powers to collect, use and disclose registry information for the Registry’s purposes, for healthcare, for research subject to limits, for enforcement‑related needs and in court/coronial circumstances (sections 21–22).\n- Makes unauthorised recording, disclosure or use of registry personal or workplace identifying information a criminal offence (up to 2 years imprisonment or 120 penalty units) with limited exceptions (sections 23–25).\n- Requires the Director‑General to publish an annual statistical report and permits other reports, with a legal duty to take reasonable steps to de‑identify protected information before publication (section 26).\n- Allows the Director‑General to charge fees for specific disclosure requests (section 31), to enter agreements for services (section 30) and to approve forms (section 29).\n- Leaves many operational particulars (which diseases are \"prescribed\", which practitioners are \"prescribed\", what data items constitute \"minimum\" or \"additional\" information, and which Commonwealth authorities may receive data) to rules or determinations made by the Minister or the Director‑General by legislative instrument (sections 12(4), 31(2), 33).\n\nWho is directly affected\n\n- Prescribed medical practitioners: they may be required to notify minimum information for prescribed occupational respiratory diseases (mandatory) and are authorised to notify other information with consent (sections 14–17).\n- People diagnosed with an occupational respiratory disease: their personal and workplace information may be included in the Registry; they have a right to request correction of their personal information (section 19).\n- Employers and workplaces: workplace identifying information can be stored and may be disclosed to relevant authorities; businesses may seek \"commercial‑in‑confidence\" protection from disclosure by applying to the Minister (section 9).\n- Commonwealth agencies, relevant State/Territory authorities and prescribed researchers: the Act authorises certain disclosures to these bodies for defined purposes (sections 21–22, 26).\n- Contracted service providers: the Director‑General may engage private providers to operate or process Registry data (section 30), subject to the Act’s protections.\n\nWhy it matters (claimed purposes and mechanical trade‑offs)\n\n- Officially, the Registry exists to collect, store, analyse and publish information about occupational respiratory diseases to monitor incidence, support prevention and inform policy and health service planning (section 13). That is implemented by mandatory reporting for \"prescribed\" diseases, national statistical reporting and authorised data sharing with Commonwealth and State/Territory authorities (sections 14, 22, 26).\n\n- Implementation trade‑offs and incentives implied by the text:\n - Data completeness vs consent: mandatory notifications apply only to diseases that the Minister prescribes. For non‑prescribed diseases most notifications rely on patient consent; that design creates the risk of under‑reporting outside the prescribed list (sections 12, 14–17).\n - Central control via delegated instruments: the Director‑General and Minister can expand or specify the Registry’s content and the classes of practitioners or authorities that participate by legislative instruments and rules (sections 12(4), 33). That gives operational flexibility but concentrates substantive scope decisions in executive instruments rather than the Act’s text.\n - Compliance cost placed on medical practitioners: clinicians must complete approved forms and meet timeframes for mandatory notifications; failure to notify where required attracts a civil penalty (30 penalty units) enforceable through Regulatory Powers Act procedures (section 14(1), (3); section 28). That creates an administrative burden for diagnosing and treating practitioners.\n - Privacy vs usefulness: the law protects personal, workplace and commercial‑in‑confidence information and criminalises unauthorised use (sections 9, 21–23). At the same time it permits sharing with enforcement bodies and other agencies when reasonably necessary (section 21(2)(f)), and allows publication of de‑identified statistics (section 26). This balances data utility with privacy but depends on operational definitions (e.g. what is \"de‑identified\") and on reasonable steps being taken in practice.\n - Outsourcing and third‑party handling: the Director‑General may contract private providers and delegate functions to SES staff; third parties will therefore handle sensitive data under contract (sections 30, 32). That raises implementation risks around procurement, security and oversight.\n - Commercial impacts: the Act enables an entity to claim information is commercial‑in‑confidence to prevent disclosure, subject to Ministerial satisfaction; it also permits fees for data disclosures (section 9, section 31). Those mechanisms create potential concentrated benefits (paid data access) and compliance steps for businesses asserting competitive detriment.\n\nConcrete operational risks described or implied in the Act\n\n- Scope creep via secondary instruments: the Act repeatedly delegates key definitions (prescribed diseases, minimum/additional notification fields, prescribed practitioners, prescribed authorities) to rules or legislative instruments. Those instruments are disallowable but can materially change the Registry’s content and who must report (sections 12(4), 33).\n- Data quality and coverage depend on clinician behaviour: the statutory mix of mandatory and consent‑based reporting will affect how complete the dataset is, especially for non‑prescribed conditions (sections 14–17).\n- Privacy and re‑identification risk: the Act requires reasonable steps to de‑identify before publishing but allows detailed sharing with authorities for enforcement or healthcare, and rules may further define research exclusions—practical de‑identification is non‑trivial (section 26, 21(3)).\n- Interaction with State systems: the Act is explicitly designed to operate concurrently with State/Territory reporting laws, which can result in duplicate reporting or differing obligations for practitioners depending on jurisdiction (section 7).\n\nWho pays, who decides, how behaviour changes (short)\n\n- Who pays: the Commonwealth funds and runs the Registry; costs include CDC administration, IT and contracted services; some users may pay fees for specific data requests (section 31).\n- Who decides: the Minister and the Director‑General make the detailed rules and instruments that define diseases, practitioners and data items (sections 12(4), 33). The Director‑General operationally controls data receipt, corrections and disclosures (sections 18–19, 21–22).\n- Behaviour change expected: prescribed practitioners will have to record and file notifications (administrative task). State authorities and the CDC will receive nationally standardised data to inform prevention and enforcement activities; researchers and others may gain access to de‑identified aggregated statistics.\n\nKey legal levers (quick references):\n- Establishment and operation of Registry: section 11.\n- What is stored and who decides the data items: section 12 (Director‑General may determine by legislative instrument).\n- Notification duties and civil penalty: sections 14–17 (civil penalty: 30 penalty units at section 14(3)).\n- Correction rights: section 19.\n- Authorised uses and disclosures, and research limits: sections 21–22 (research restrictions at section 21(3)).\n- Criminal offence for unauthorised disclosure/use: section 23 (penalty two years or 120 penalty units).\n- Annual reporting and de‑identification duty: section 26.\n- Fees and contracting: sections 30–31.\n- Delegation and rules: sections 32–33.\n\nThis summary is focused on how the Act operates and the concrete trade‑offs it sets up (data collection vs consent, executive flexibility vs parliamentary detail, privacy protections vs authorised sharing), together with the main compliance and implementation considerations (forms, timing, delegated instruments, contracting and de‑identification obligations)."},"kimi_summary":{"_metrics":{"completionTokens":712},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a national registry for occupational respiratory diseases. The scope includes notification requirements, information protections, and authorised uses that are all directly connected to this core function. While the Act contains detailed operational provisions (fees, delegations, rules), these are ancillary mechanisms rather than scope expansion."},"complexity_factors":["Multiple layers of defined terms including 'prescribed medical practitioner', 'prescribed occupational respiratory disease', 'minimum notification information', and 'additional notification information' whose actual content is determined by delegated legislative instruments","Complex consent requirements that vary depending on: whether the disease is prescribed or non-prescribed; whether the doctor is diagnosing or treating; whether the diagnosis was before or after the Act commenced; and whether state/territory law requires notification","Nested authorisations and restrictions in Part 3 with 9 separate grounds for authorised disclosure of protected information plus specific prohibitions for research purposes","Cross-references to external legislation including the Privacy Act 1988, Regulatory Powers (Standard Provisions) Act 2014, Australian Centre for Disease Control Act 2025, and multiple international treaties","Concurrent operation provisions with state and territory laws that preserve overlapping regulatory frameworks","Civil penalty provisions (30 penalty units) and criminal offences (2 years imprisonment) with different fault elements and exceptions"],"plain_english_summary":"This Act creates a **National Occupational Respiratory Disease Registry** — a national database that tracks work-related lung diseases in Australia.\n\n**What it does:**\n- **Collects information** about people diagnosed with or treated for occupational respiratory diseases (conditions like silicosis, asbestosis, or other lung diseases caused or worsened by workplace exposure to dusts, gases, fumes, vapours, mists, fungi, or fibres)\n- **Requires certain doctors to report** — \"prescribed medical practitioners\" (a category to be defined in rules) **must** notify the registry when they diagnose someone with a \"prescribed\" occupational respiratory disease, even without the patient's consent\n- **Allows voluntary reporting** — doctors may also report non-prescribed diseases with patient consent, or in some cases without consent if required by state/territory law\n- **Protects sensitive information** — personal details, workplace identifying information, and commercially confidential information are classified as \"protected information\" with criminal penalties (up to 2 years imprisonment) for unauthorised disclosure\n- **Uses the data** to monitor disease trends, identify high-risk industries and workplaces, support prevention efforts, assist with occupational health and safety enforcement, facilitate research, and help plan healthcare services\n\n**Who runs it:**\nThe **Director-General of the Australian Centre for Disease Control** (CDC) manages the registry, with powers to determine what information is collected, approve forms, delegate functions, and publish annual reports with de-identified statistics.\n\n**Key protections:**\n- Patients can request corrections to their personal information\n- Information must be de-identified before publication\n- Strict limits on what can be disclosed for research purposes\n- Fees may be charged for certain information requests\n\n**Why it matters:**\nThis creates Australia's first national system for tracking occupational lung diseases, enabling better understanding of workplace health risks and targeted prevention — particularly important for industries like mining, construction, and manufacturing where workers face exposure to harmful dusts and fibres."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"12(2) and 12(3)","severity":"high","reasoning":"A mandatory civil penalty provision (s.14(1)/(3)) is built entirely on a definitional foundation that has no content until a subordinate instrument is made. The Act does not specify any fallback content, any deadline for the Director-General to make the determination, or any transitional content. A medical practitioner subject to the mandatory notification obligation literally cannot comply because the content of what must be notified is undefined in the Act itself. This is not merely delegated legislation filling in detail — the core operative content of the primary obligation is entirely absent from the Act.","confidence":0.92,"description":"Circular definition of core registry content categories. 'Minimum notification information' is defined as 'information that is relevant to the purposes of the National Registry and is determined by the Director-General of the CDC under subsection (4)'. Similarly, 'additional notification information' is defined as 'information (other than minimum notification information) that is relevant to the purposes of the National Registry and is determined by the Director-General of the CDC under subsection (4)'. The Act creates legally mandatory notification obligations (s.14) and a civil penalty regime (s.14(3)) based on 'minimum notification information', but that category has zero substantive content until the Director-General makes a determination. If no determination is made, the civil penalty obligation is unenforceable because no one can know what they are required to notify."},{"type":"retroactive_impossibility","section":"8 (definition of 'Australian Centre for Disease Control') and 8 (definition of 'Director-General of the CDC')","severity":"high","reasoning":"While forward references to enabling legislation are not unprecedented, here the 2023 Act commenced on 22 May 2024 per the commencement table. If the Australian Centre for Disease Control Act 2025 did not receive Royal Assent before 22 May 2024, the Act commenced with no valid Director-General in existence, rendering every operative provision that requires action by the Director-General legally inoperative. There is no savings provision, no interim office-holder mechanism, and no alternative administrator nominated in the 2023 Act itself.","confidence":0.88,"description":"The Act, titled and enacted in 2023, defines the 'Australian Centre for Disease Control' as the body 'established by section 7 of the Australian Centre for Disease Control Act 2025' and the 'Director-General of the CDC' as the person 'appointed under section 10 of the Australian Centre for Disease Control Act 2025'. The Act therefore depends for its operation on a statute that did not exist at the time of enactment and bears a future year in its title. The entire administrative machinery of the Act — including who establishes the registry, who receives notifications, who enforces civil penalties, and who publishes annual reports — is vested in an officer of a body established by a non-existent Act."},{"type":"self_contradicting","section":"14(1) and 14(2)","severity":"medium","reasoning":"The tension between s.14(2) (consent irrelevant) and the Privacy Act framework is partially resolved by s.21(1) which authorises collection for registry purposes. However, s.21(1) only authorises collection for 'purposes of including information in the National Registry' — it does not override a patient's right under the Privacy Act to withhold consent to collection in the first instance. The scope of what might be determined as 'minimum notification information' is entirely unconstrained, creating a latent conflict that may become acute depending on the Director-General's determination.","confidence":0.72,"description":"Section 14(1) imposes a mandatory obligation on a prescribed medical practitioner to notify minimum notification information. Section 14(2) states this applies 'whether or not the individual consents'. However, minimum notification information is defined in s.12(2) as information 'determined by the Director-General of the CDC'. There is no constraint preventing the Director-General from determining that minimum notification information includes information that, under the Privacy Act 1988 or applicable professional ethical rules, cannot lawfully be disclosed without patient consent. The Act therefore potentially mandates breaches of other Commonwealth privacy law while simultaneously (s.7) purporting to operate concurrently with other laws."},{"type":"other","section":"9 (commercial-in-confidence definition)","severity":"medium","reasoning":"There is no mechanism specified by which a person formally demonstrates commercial-in-confidence status, no timeline, no right of review, and no deemed outcome if the Minister fails to respond. Information could simultaneously be treated as commercial-in-confidence by some delegates and not by others, with criminal liability consequences turning on that inconsistency.","confidence":0.75,"description":"The definition of 'commercial-in-confidence' requires a person to 'demonstrate to the Minister' that four conditions are met. However, s.32(1) allows the Minister to delegate the Minister's functions under s.9 to the Director-General of the CDC or an SES employee. The definition itself is then used to determine what constitutes 'protected information' under s.8, which in turn defines what triggers the criminal offence in s.23 (imprisonment for 2 years). The identity of who must be satisfied (Minister vs delegate) to activate a criminal offence threshold is therefore variable and potentially indeterminate, since no process or procedural requirements are specified for how a person 'demonstrates' this to the Minister."},{"type":"self_contradicting","section":"26(1)(c)","severity":"medium","reasoning":"The mandatory content of the annual report (granular cross-tabulation by four variables) is structurally in tension with the mandatory de-identification requirement for published protected information. The Director-General is simultaneously required to publish this breakdown and required to ensure de-identification before publication. For small cohorts (e.g., one stonemason with silicosis in a given Territory), compliance with s.26(1)(c) may be literally impossible without breaching s.26(4).","confidence":0.85,"description":"The mandatory annual report must include 'aggregate information and statistics about the occupation, main job task, industry and State of residence of diagnosed individuals at the time they were exposed to respiratory disease-causing agents.' The Act elsewhere (s.26(4)-(5)) requires that protected information published must be de-identified so it is 'no longer about an identifiable individual or an individual who is reasonably identifiable'. For rare occupational respiratory diseases in small industries or jurisdictions, publishing aggregate statistics broken down by occupation, job task, industry AND State could easily allow re-identification of individuals, directly contradicting the de-identification requirement in s.26(4)."},{"type":"other","section":"32 (delegation — missing subsection (2))","severity":"low","reasoning":"While drafting gaps occur in Australian legislation and are sometimes intentional, the sequential numbering and thematic structure of s.32 (Minister delegation, [gap], Director-General delegation, general rule) strongly suggests a drafting error or omission. If a subsection was intended to address, for example, limitations on sub-delegation or particular delegation requirements, its absence could have operational consequences.","confidence":0.78,"description":"Section 32 jumps from subsection (1) to subsection (3), omitting subsection (2) entirely. Subsection (1) addresses delegation of the Minister's functions; subsection (3) addresses delegation of the Director-General's functions; subsection (4) addresses general directions to delegates. The gap where subsection (2) should appear creates ambiguity about whether a provision was inadvertently omitted from the enacted text."},{"type":"other","section":"15(1) vs 15(2)","severity":"low","reasoning":"While temporal distinctions in legislation are common, the distinction here creates an arbitrary privacy cliff at the commencement date that has no rational basis connected to the policy objective of the Act. The disease severity, the public health rationale for notification, and the treating relationship are identical — only the date of the original diagnosis differs.","confidence":0.82,"description":"For pre-commencement diagnoses of prescribed occupational respiratory diseases, a treating practitioner may notify minimum notification information only WITH the individual's consent (s.15(1)). For post-commencement diagnoses of the same class of disease, a treating practitioner may notify WITHOUT consent (s.15(2)). This creates an absurd result where a patient diagnosed one day before commencement has stronger privacy protections than a patient diagnosed one day after commencement — despite both being treated under identical circumstances by the same treating practitioner for the same disease."}],"contradictions":[{"severity":"medium","section_a":"14(1) and 14(2) — mandatory notification without consent","section_b":"15(1) — treating practitioner notification requires consent for pre-commencement diagnoses","confidence":0.8,"description":"Section 14(1)-(2) mandates that the diagnosing prescribed medical practitioner must notify minimum notification information regardless of the individual's consent for post-commencement diagnoses of prescribed occupational respiratory diseases. By contrast, s.15(1) provides that a treating practitioner (who may be the same person per Note 3 to s.15(1)) dealing with a pre-commencement diagnosis of the same prescribed disease may only notify with consent. If the diagnosing and treating practitioner are the same person (as the Act explicitly contemplates), that practitioner faces contradictory obligations depending on when the diagnosis was made, without any harmonising mechanism."},{"severity":"medium","section_a":"21(2)(b) — authorised disclosure to prescribed medical practitioners for healthcare","section_b":"22(3) — disclosure to State/Territory authorities limited to minimum notification information","confidence":0.77,"description":"Section 21(2)(b) authorises a prescribed medical practitioner to access protected information (without apparent limitation to 'minimum notification information') for healthcare purposes. Section 22(3) limits what can be disclosed to relevant State or Territory authorities to 'minimum notification information' only, even for the same healthcare-related purposes under s.13(2)(d). This creates an inconsistency where an individual clinician has broader access rights to registry information than a State health authority performing equivalent healthcare planning functions."},{"severity":"medium","section_a":"5 — Crown not liable to prosecution for an offence","section_b":"28(4) — Crown not liable to pecuniary penalty","confidence":0.71,"description":"Section 5 exempts the Crown from criminal prosecution under this Act. Section 28(4) separately exempts the Crown from civil penalty liability. Read together, the Crown (including Commonwealth officers acting in their official capacity) can neither be prosecuted criminally under s.23 nor subjected to civil penalties under s.14(3) for any breach of the Act. However, the Act imposes a mandatory notification obligation in s.14(1) on 'prescribed medical practitioners' — a category that could include practitioners employed by Commonwealth health facilities. Those practitioners, when acting as Crown employees, would appear to be exempt from both enforcement mechanisms, effectively creating an unenforceable obligation for Crown-employed practitioners."},{"severity":"medium","section_a":"21(2)(g) — authorised on-disclosure for same purpose","section_b":"21(3) — research restrictions on disclosure","confidence":0.73,"description":"Section 21(2)(g) authorises a person who receives protected information under s.21 to further collect, record, disclose or use that information 'for the purpose for which the information was disclosed to the person'. Section 21(3) prohibits disclosure of certain identifying information for research purposes 'under subsection (2)'. A person who receives information for research purposes under s.21(2)(a) could argue that s.21(2)(g) authorises them to on-disclose that same information to another researcher for the same research purpose — potentially circumventing the s.21(3) restrictions on what information can be disclosed for research. The restriction in s.21(3) applies to 'disclosure to a person under subsection (2)' but s.21(2)(g) is itself a head of authority under subsection (2), creating an internal loop."},{"severity":"low","section_a":"13(2)(e) — identifying individuals for clinical trials as a purpose","section_b":"21(3) — restrictions on research disclosures","confidence":0.68,"description":"Section 13(2)(e) lists 'identifying individuals for inclusion in clinical trials or observational studies' as a purpose of the National Registry. Section 21(3) restricts certain disclosures 'for the purposes of research'. The definition of 'research' in s.8 explicitly includes research relating to 'incidence, prevalence, nature, extent and trends of occupational respiratory diseases' — which would encompass clinical trials. It is unclear whether disclosures for the s.13(2)(e) clinical trial identification purpose are subject to the s.21(3) research restrictions, creating ambiguity about which protected information can be disclosed to identify trial participants."},{"severity":"low","section_a":"26(1) — mandatory annual report must include notification counts for non-prescribed diseases","section_b":"16 and 17 — notification of non-prescribed diseases is entirely voluntary","confidence":0.83,"description":"Section 26(1)(b) requires the annual report to include 'the number of notifications of each non-prescribed occupational respiratory disease made under Division 3 of Part 2'. However, under ss.16 and 17, notification of non-prescribed occupational respiratory diseases is entirely discretionary and requires the individual's consent. The mandatory annual report therefore requires publication of a statistic (notification counts by disease type) that may be systematically incomplete, misleading, or unrepresentative because the underlying data collection is voluntary — without any requirement to disclose the voluntary and consent-dependent nature of the data in the report itself."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its stated object: establishing a national registry to record occupational respiratory diseases and prevent further worker exposure. The broad range of purposes in section 13 (including research, clinical trials, enforcement support, and policy monitoring) are all logically connected to this core aim and were likely contemplated from the outset. The constitutional basis provisions confirming reliance on external affairs and medical services powers reflect deliberate drafting choices rather than scope creep."},"complexity_factors":["Multi-tiered notification framework distinguishing between 'prescribed' and 'non-prescribed' diseases, with different consent requirements and obligations for diagnosing vs treating practitioners","Key content of the Registry (what information is actually collected) is deliberately left undefined in the Act itself, delegated to the CDC Director-General through separate legislative instruments — meaning the full legal picture requires reading multiple documents","Complex interaction between this Act and other Commonwealth laws, particularly the Privacy Act 1988 (Australian Privacy Principles), the Regulatory Powers Act, and the Australian Centre for Disease Control Act 2025","Concurrent operation provisions preserving State and Territory laws create potential for overlapping and conflicting obligations on doctors across different jurisdictions","Constitutional justification provisions citing multiple international treaties add legal complexity without direct practical impact on most readers","Distinction between 'workplace identifying information', 'personal information', and 'commercial-in-confidence' creates three overlapping categories of 'protected information' with different rules","Multiple authorised disclosure pathways (sections 21 and 22) with numerous sub-conditions, exceptions, and carve-outs that must be read together to understand what sharing is permitted","Retrospective elements — some provisions apply to diagnoses made before the Act commenced, with different rules depending on timing"],"plain_english_summary":"This Act establishes a National Occupational Respiratory Disease Registry, run by the Australian CDC, to record work‑related lung diseases (eg. silicosis, asbestosis). Prescribed medical practitioners must notify minimum patient details for listed diseases without consent; additional data requires consent. The Registry guides prevention and enforcement, limits publication of identifiable individual or workplace information, allows controlled researcher access, and includes penalties for unauthorised use. It affects doctors, workers with occupational lung disease, employers, regulators and researchers."}},"importantCases":[],"_links":{"self":"/api/acts/national-occupational-respiratory-disease-registry-act-2023","history":"/api/acts/national-occupational-respiratory-disease-registry-act-2023/history","analysis":"/api/acts/national-occupational-respiratory-disease-registry-act-2023/analysis","conflicts":"/api/acts/national-occupational-respiratory-disease-registry-act-2023/conflicts","importantCases":"/api/acts/national-occupational-respiratory-disease-registry-act-2023/important-cases","documents":"/api/acts/national-occupational-respiratory-disease-registry-act-2023/documents"}}