Australian Capital Territory
Epidemiological Studies
(Confidentiality) Act 1992
A1992-26
Republication No 4
Effective: 12 April 2007
Republication date: 12 April 2007
Last amendment made by A2007-3
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Epidemiological Studies (Confidentiality) Act 1992 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law
to 12 April 2007.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced
amendment, the symbol U appears immediately before the provision heading. The text of the
uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date
is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
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contents 1
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Australian Capital Territory
Epidemiological Studies
(Confidentiality) Act 1992
Contents
Page
1 Name of Act 2
2 Dictionary 2
2A Notes 2
3 References to certain things 2
4 Secrecy relating to prescribed studies 3
5 Authority for access to documents 3
6 Secrecy relating to certain documents 4
7 Certain persons may be given information 4
8 Protection of information from court 5
9 Extension 5
10 Oaths and declarations of secrecy 6
11 Publication of results of studies 6
12 Information supplied for prescribed study 7
13 Application of Act 7
Contents
Page
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14 Regulation-making power 7
Dictionary 8
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 11
5 Earlier republications 12
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Australian Capital Territory
Epidemiological Studies
(Confidentiality) Act 1992
An Act to provide for confidentiality in relation to certain epidemiological
studies
Section 1
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1 Name of Act
This Act is the Epidemiological Studies (Confidentiality) Act 1992.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
2A Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
3 References to certain things
(1) A reference in this Act to a person who has assisted, or is assisting,
in the conduct of an epidemiological study—
(a) includes a reference to a person who has conducted, or is
conducting, or has supervised or is supervising the conduct of,
the study; but
(b) does not include a reference to a person who has assisted, or is
assisting, in the conduct of the study only because the person—
(i) was or is 1 of the people to whom the study related or
relates; or
(ii) has provided, or is providing, information about 1 of the
people (whether the person or someone else) to whom the
study related or relates.
Section 4
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(2) A reference in this Act to information concerning the affairs of a
person includes a reference to—
(a) information as to the existence or non-existence of a document
concerning the affairs of a person; and
(b) information relating to the location of a document concerning
the affairs of a person; and
(c) information concerning the affairs of a deceased person.
(3) A reference in this Act to a document concerning the affairs of a
person includes a reference to a document concerning the affairs of
a deceased person.
4 Secrecy relating to prescribed studies
Subject to sections 5 and 7, a person who has assisted, or is
assisting, in the conduct of a prescribed study shall not, directly or
indirectly, except for the purpose of the conduct of that study, make
a record of, or divulge or communicate to any person, any
information concerning the affairs of another person acquired by the
firstmentioned person by reason of that person having assisted, or
assisting, in the conduct of that study.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
5 Authority for access to documents
(1) Notwithstanding section 4, the Minister may, in accordance with
this section, authorise the giving of access to documents prepared or
obtained in the conduct of a prescribed study to persons assisting in
the conduct of another prescribed study where each such study was,
or is being, conducted by, or on behalf of, the Territory.
(2) An authorisation of the giving of access under subsection (1)—
(a) shall be in writing signed by the Minister; and
(b) shall specify the relevant form or forms of access to be given.
Section 6
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(3) It is a defence to a prosecution for a contravention of section 4 that
is constituted by the giving of access to a document if it is
established that the access was given in accordance with an
authorisation given under subsection (1).
6 Secrecy relating to certain documents
Subject to section 7, a person who has assisted, or is assisting, in the
conduct of a prescribed study and has been given access, duly
authorised under section 5, to a document prepared or obtained in
the conduct of another prescribed study shall not, directly or
indirectly, except for the purpose of the conduct of either of those
studies, make a record of, or divulge or communicate to any person,
any information concerning the affairs of another person acquired
by the firstmentioned person by reason of that person having been
given access to that document.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
7 Certain persons may be given information
Sections 4 and 6 do not prevent a person who has assisted, or is
assisting, in the conduct of a prescribed study from divulging or
communicating information concerning the affairs of another person
to—
(a) the person who supplied the information; or
(b) where the information concerns the affairs of only 1 person—
that person; or
(c) where the information concerns the affairs of 2 or more
persons—any of those persons with the consent of the other
person, or each other person, whose affairs that information
concerns; or
Section 8
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(d) a person nominated by a person to whom the information may
be given under paragraph (a), (b) or (c) as a person to whom
that information may be given.
8 Protection of information from court
(1) A person who has assisted, or is assisting in the conduct of a
prescribed study shall not be required—
(a) to produce in a court, or permit a court to have access to, a
document prepared or obtained in the course of the conduct of
that study, being a document concerning the affairs of another
person; or
(b) to divulge or communicate to a court any information
concerning the affairs of another person acquired by the
firstmentioned person by reason of that person having assisted,
or assisting, in the conduct of that study.
(2) A person who has assisted, or is assisting, in the conduct of a
prescribed study and has been given access, duly authorised under
section 5, to a document shall not be required—
(a) to produce in a court, or permit a court to have access to, that
document, being a document concerning the affairs of another
person; or
(b) to divulge or communicate to a court any information
concerning the affairs of another person acquired by the
firstmentioned person by reason of that person having had, or
having, that access.
9 Extension
Without limiting sections 4, 6 and 8, those sections extend to a
person who has assisted, or is assisting, in the conduct of a
prescribed study—
(a) as an officer or employee of the public service of the
Commonwealth, a State or another Territory; or
Section 10
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(b) as an employee of a body corporate, or of another person,
involved in the conduct of the study; or
(c) in accordance with a contract for the provision of that person’s
services;
and extend to a person whether or not the person received or
receives, or was or is entitled to receive, remuneration in respect of
the assistance provided by that person.
10 Oaths and declarations of secrecy
A person who is, or is about to become, a person to whom section 4
or 6 applies shall, if and when required to do so by the Minister, or
by a person authorised in writing by the Minister for this section,
take an oath, or make an affirmation or declaration, in a manner and
form, and before a person, prescribed by the regulations, not to
make a record of, or divulge or communicate, information in
contravention of this Act in its application to a prescribed study
conducted by, or on behalf of, the Territory.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
11 Publication of results of studies
(1) Nothing in this Act prevents the publication of conclusions based
on, statistics derived from, or particulars of procedures used in, a
prescribed study, but such conclusions, statistics or particulars shall
not be published in a manner that enables the identification of an
individual person, including a deceased person.
(2) In this section:
publication, in relation to conclusions, statistics or particulars,
includes—
(a) the divulging or communication to a court of the conclusions,
statistics or particulars; and
Section 12
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(b) the production to a court of, or the permitting of a court to have
access to, a document containing the conclusions, statistics or
particulars.
12 Information supplied for prescribed study
Information concerning the affairs of a person to whom a prescribed
study relates may be disclosed to a person assisting in the conduct of
that study without breach of any law or any principle of professional
ethics.
13 Application of Act
(1) For the purposes of the application of this Act in relation to the
Canberra drug users study, this Act extends to information acquired,
and documents prepared or obtained, before the commencement of
this Act.
(2) For the purposes of the application of this Act in relation to a
Territory epidemiological study declared by the regulations to be a
study to which this Act applies, this Act extends to information
acquired, and information prepared or obtained, before the
commencement of those regulations.
14 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act 2001.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
ACT
Commonwealth
State
the Territory.
Canberra drug users study means the Territory epidemiological
study known as Canberra Drug Users, Their Networks and HIV:
Establishing Risks and Harm Minimisation Strategies, being the
study that—
(a) relates to the networks, the infection with human
immunodeficiency virus, the risks and the strategies for
minimising the risks, of drug users in the ACT; and
(b) is conducted by Phyll Dance of the National Centre for
Epidemiology and Population Health; and
(c) commenced in January 1990.
court includes a tribunal, authority or person having power to
require the production of documents or the answering of questions,
but does not include the ombudsman.
document, concerning the affairs of a person—see section 3 (3).
epidemiological study means a study of—
(a) the incidence or distribution, within the population of a
country, or a part of a country, or within a particular group of
persons, or within a sample or sub-sample of such a population
or group, of—
(i) a disease; or
(ii) a physical or mental state; or
Dictionary
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(iii) a condition, circumstance, occurrence, activity, form of
behaviour, course of conduct, or state of affairs, that is or
may be disadvantageous to, or result in a disadvantage to,
the person concerned or to the community; or
(b) the factors responsible for such an incidence or distribution, or
both, and includes a series of such studies.
information, concerning the affairs of a person—see section 3 (2).
person, who has assisted, or is assisting, in the conduct of an
epidemiological study—see section 3 (1).
prescribed study means—
(a) the Canberra drug users study; or
(b) a Territory epidemiological study declared by the regulations
to be a study to which this Act applies.
Territory epidemiological study means an epidemiological study
conducted in the ACT.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter par = paragraph/subparagraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly pt = part
div = division r = rule/subrule
exp = expires/expired renum = renumbered
Gaz = gazette reloc = relocated
hdg = heading R[X] = Republication No
IA = Interpretation Act 1967 RI = reissue
ins = inserted/added s = section/subsection
LA = Legislation Act 2001 sch = schedule
LR = legislation register sdiv = subdivision
LRA = Legislation (Republication) Act 1996 sub = substituted
mod = modified/modification SL = Subordinate Law
o = order underlining = whole or part not commenced
om = omitted/repealed or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Epidemiological Studies (Confidentiality) Act 1992 A1992-26
notified 26 June 1992 (Gaz 1992 No S89)
s 1, s 2 commenced 26 June 1992 (s 2 (1))
remainder (ss 3-14) commenced 28 October 1992 (s 2 (2) and Gaz
1992 No S188)
as amended by
Epidemiological Studies (Confidentiality) (Amendment) Act 1992
A1992-78
notified 24 December 1992 (Gaz 1992 No S236)
commenced 24 December 1992 (s 2)
Ombudsman (Amendment) Act 1996 A1996-17 s 12
notified 1 May 1996 (Gaz 1992 No S71)
s 12 commenced 1 May 1996 (s 2)
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1992 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 132
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 132 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.39
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.39 commenced 12 April 2007 (s 2 (1))
4 Amendment history
Name of Act
s 1 sub A2007-3 amdt 3.203
Dictionary
s 2 om A2001-44 amdt 1.1574
ins A2007-3 amdt 3.205
Endnotes
5 Earlier republications
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Notes
s 2A ins A2007-3 amdt 3.205
References to certain things
s 3 defs reloc to dict A2007-3 amdt 3.204
sub A2007-3 amdt 3.205
Secrecy relating to prescribed studies
s 4 am A1998-54 sch
Secrecy relating to certain documents
s 6 am A1998-54 sch
Oaths and declarations of secrecy
s 10 am A1998-54 sch
Regulation-making power
s 14 sub A2001-44 amdt 1.1575
Dictionary
dict ins A2007-3 amdt 3.206
def Canberra drug users study sub A1992-78 s 4
reloc from s 3 A2007-3 amdt 3.204
def court am A1996-17 s 12
reloc from s 3 A2007-3 amdt 3.204
def document ins A2007-3 amdt 3.206
def epidemiological study reloc from s 3 A2007-3
amdt 3.204
def information ins A2007-3 amdt 3.206
def person ins A2007-3 amdt 3.206
def prescribed study reloc from s 3 A2007-3 amdt 3.204
def Territory epidemiological study reloc from s 3 A2007-3
amdt 3.204
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications
are marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 A1992-78 31 August 1993
2 A1998-54 31 March 1999