{"id":"F2009L04617","name":"Privacy Act 1988 Part VI - Temporary Public Interest Determination No. 2009-1A","slug":"privacy-act-1988-part-vi-temporary-public-interest-determination-no-2009-1a","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":82508,"registerId":"commonwealth-F2009L04617-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Privacy Act 1988 Part VI - Temporary Public Interest Determination No. 2009-1A","content":"Privacy Act 1988 Part VI \\- Temporary Public Interest Determination No. 2009-1A\n\nCollection and use of contact details of genetic relatives to enable use or disclosure of genetic information.\n\nIn relation to National Privacy Principles 2.1 and 10.1\n\nEffective: 15 December 2009 to 14 December 2010 (inclusive)\n\nUnder section 80B(3) of the Privacy Act 1988, I, Karen Curtis, Australian Privacy Commissioner, make the following generalising determination:\n\nNo organisation providing a health service is taken to contravene section 16A of the Privacy Act 1988 while Temporary Public Interest Determination No. 2009-1 is in force, if the organisation does an act, or engages in a practice, of the type described in Temporary Public Interest Determination No. 2009-1.\n\nUnder TPID 2009-1, a health service provider can only collect or use the contact details of a patient’s genetic relatives if they are satisfied that:\n\na) it is impractical to gain the consent of the genetic relative and\n\nb) the applicant intends to use the contact details to inform the relative of the potential consequences, to their own health, of genetic information obtained from the patient for the relative’s own health and\n\nc) the applicant has a reasonable belief that this is necessary to lessen or prevent a serious threat to the life, health or safety of the genetic relative and\n\nd) where consent has not been obtained from the patient for the disclosure of their genetic information, the disclosure will be made in accordance Guidelines issued under section 95AA of the Privacy Act.\n\nKaren Curtis\n\nAustralian Privacy Commissioner\n\n10 December 2009\n\nAttachment: Temporary Public Interest Determination 2009-1","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1760},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a narrow, time-limited instrument with a tightly defined scope focused solely on facilitating urgent health warnings to genetic relatives. It does not expand beyond its original public health purpose and explicitly references its companion determination (2009-1) to maintain consistent boundaries."},"complexity_factors":["Cross-references to multiple sections of the Privacy Act 1988 (sections 80B(3), 16A, and 95AA)","Reference to external National Privacy Principles (NPPs 2.1 and 10.1)","Nested dependency on another determination (Temporary Public Interest Determination No. 2009-1)","Four cumulative conditional requirements that must all be satisfied (conditions a, b, c, and d)","Temporal limitation (fixed expiry date creating time-bound legal effect)"],"plain_english_summary":"This temporary exemption allowed doctors, hospitals and other health services to contact a patient’s genetic relatives without the relatives’ prior consent, so relatives could be warned if a patient’s genetic test showed a serious hereditary risk. It applied only where consent was impractical, the contact was to prevent a serious health threat, and disclosures followed government guidance when the patient hadn’t agreed.\n\nIt was in force from 15 December 2009 to 14 December 2010."}},"importantCases":[],"_links":{"self":"/api/acts/privacy-act-1988-part-vi-temporary-public-interest-determination-no-2009-1a","history":"/api/acts/privacy-act-1988-part-vi-temporary-public-interest-determination-no-2009-1a/history","analysis":"/api/acts/privacy-act-1988-part-vi-temporary-public-interest-determination-no-2009-1a/analysis","conflicts":"/api/acts/privacy-act-1988-part-vi-temporary-public-interest-determination-no-2009-1a/conflicts","importantCases":"/api/acts/privacy-act-1988-part-vi-temporary-public-interest-determination-no-2009-1a/important-cases","documents":"/api/acts/privacy-act-1988-part-vi-temporary-public-interest-determination-no-2009-1a/documents"}}