{"id":"F2024L00390","name":"Privacy (Guidelines issued under section 95A) Approval 2024","slug":"privacy-guidelines-issued-under-section-95a-approval-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105147,"registerId":"commonwealth-F2024L00390-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Privacy (Guidelines issued under section","sectionType":"part","heading":"Privacy (Guidelines issued under section 95A) Approval 2024","content":"# Privacy (Guidelines issued under section 95A) Approval 2024\n\nI, Angelene Falk, Australian Information Commissioner, hereby approve pursuant to subsections 95A(2) and (4) of the Privacy Act 1988 (Cth) (the Privacy Act) the guidelines issued by the Chief Executive Officer of the National Health and Medical Research Council for the purposes of paragraph 16B(3)(c) and subparagraph 16B(2)(d)(iii) of the Privacy Act, namely, Guidelines approved under Section 95A of the Privacy Act 1988 (updated 2024).\n\nUnder section 95A(2), for the purposes of paragraph 16B(3)(c), I may approve guidelines that relate to the use and disclosure of health information for the purposes of research, or the compilation or analysis of statistics, relevant to public health or public safety.\n\nUnder section 95A(4), for the purposes of paragraph 16B(2)(d)(iii), I may approve guidelines that relate to the collection of health information for the purposes of:\n\n    research, or the compilation or analysis of statistics, relevant to public health or public safety; or\n    the management, funding or monitoring of a health service.\n\nThis approval has the effect of repealing the approval by the Privacy Commissioner of the Guidelines approved under Section 95A of the Privacy Act 1988 (March 2014, FRLI F2014L00243).\n\nThis approval takes effect on 1 April 2024.\n\n\\[signed\\]\n\nAngelene Falk\n\nAustralian Information Commissioner\n\n25 March 2024\n\nNote: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Yes. This instrument repeals the prior 2014 approval and approves an updated set of NHMRC guidelines for the purposes specified in subsections 95A(2) and 95A(4) and paragraphs 16B(3)(c) and 16B(2)(d)(iii) of the Privacy Act. It therefore replaces the earlier approval with the 2024 version, effective 1 April 2024; the instrument itself points to external guideline content for the substantive scope."},"complexity_factors":["Instrument is primarily an approval/administrative act rather than substantive regulation; it records approval under Privacy Act subsections 95A(2) and 95A(4).","Relies on cross‑references to the Privacy Act (paragraphs 16B(3)(c) and 16B(2)(d)(iii)), requiring readers to consult that Act to understand statutory scope.","Substantive requirements are contained in an external NHMRC document (Guidelines approved under Section 95A (updated 2024)); the instrument does not reproduce guideline content, so practical obligations require consulting that external text.","Replaces (repeals) a prior approval (March 2014), creating an update path and transitional/comparative questions about changes between instruments.","Delegated administrative discretion is visible: the Information Commissioner exercises statutory approval power over guidelines issued by the NHMRC CEO (text cites subsections 95A(2) and (4)), but the instrument gives no operational detail on enforcement or compliance mechanisms."],"plain_english_summary":"This instrument records the Australian Information Commissioner’s approval (Angelene Falk) of the National Health and Medical Research Council’s updated Privacy guidelines under subsections 95A(2) and (4) of the Privacy Act 1988. It authorises use, disclosure and collection of health information for research, public‑health or public‑safety purposes and for management, funding or monitoring of health services. It repeals the 2014 approval and takes effect 1 April 2024. Affected parties include researchers, health services and agencies that handle health data."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor. It is a routine re-approval of guidelines under the same legislative provisions (section 95A of the Privacy Act 1988), replacing the 2014 version with an updated 2024 version. The substantive functions—enabling research and health service management under privacy exemptions—remain unchanged."},"complexity_factors":["Very short instrument (approximately 250 words)","Only 2 substantive operative provisions (sections 95A(2) and 95A(4))","No defined terms within the instrument itself (relies on external definitions in the Privacy Act 1988)","Simple conditional structure: approval granted → old approval repealed → effective date set","Single cross-reference to parent Act (Privacy Act 1988) for substantive content","Administrative note regarding name amendment is procedural only"],"plain_english_summary":"The Information Commissioner has formally approved NHMRC’s 2024 guidelines governing collection, use and sharing of health information for medical research, public‑health/statistics, and health‑service management. Where organisations follow these approved guidelines, certain uses of personal health data can occur without individual consent, enabling vital research and service oversight while maintaining privacy safeguards. This replaces the 2014 approval and takes effect 1 April 2024."}},"importantCases":[],"_links":{"self":"/api/acts/privacy-guidelines-issued-under-section-95a-approval-2024","history":"/api/acts/privacy-guidelines-issued-under-section-95a-approval-2024/history","analysis":"/api/acts/privacy-guidelines-issued-under-section-95a-approval-2024/analysis","conflicts":"/api/acts/privacy-guidelines-issued-under-section-95a-approval-2024/conflicts","importantCases":"/api/acts/privacy-guidelines-issued-under-section-95a-approval-2024/important-cases","documents":"/api/acts/privacy-guidelines-issued-under-section-95a-approval-2024/documents"}}