Family and Child Commission Act 2014
sec.28Access to information in the register for research purposes
Start here
Get a plain-English read of sec.28
Turn the raw legal text into a practical explanation grounded in Family and Child Commission Act 2014.
sec.28 Access to information in the register for research purposes
This section applies if a person wants to access information in the register to undertake research to help reduce the likelihood of child deaths. The person may access the information only with the principal commissioner’s consent. The principal commissioner may consent only if satisfied— the person is a genuine researcher; and the information is reasonably necessary for research mentioned in subsection (1) . The principal commissioner must not give the person access to confidential information unless the commissioner reasonably believes— the confidential information is necessary for the research to be effective; and the opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person. The principal commissioner may impose the conditions on the consent that the commissioner considers appropriate including, for example, a condition that the person must not disclose stated information to anyone else or use the information other than for a stated purpose. The person must comply with any condition imposed on the consent unless the person has a reasonable excuse. Maximum penalty—100 penalty units. In this section— genuine researcher means— a person for whom an application for health information has been granted under the Public Health Act 2005 , chapter 6 , part 4 ; or a member of a quality assurance committee established under the Hospital and Health Boards Act 2011 , section 82 ; or another person who the principal commissioner considers is conducting genuine research. person includes a public entity. (sec.28-ssec.1) This section applies if a person wants to access information in the register to undertake research to help reduce the likelihood of child deaths. (sec.28-ssec.2) The person may access the information only with the principal commissioner’s consent. (sec.28-ssec.3) The principal commissioner may consent only if satisfied— the person is a genuine researcher; and the information is reasonably necessary for research mentioned in subsection (1) . (sec.28-ssec.4) The principal commissioner must not give the person access to confidential information unless the commissioner reasonably believes— the confidential information is necessary for the research to be effective; and the opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person. (sec.28-ssec.5) The principal commissioner may impose the conditions on the consent that the commissioner considers appropriate including, for example, a condition that the person must not disclose stated information to anyone else or use the information other than for a stated purpose. (sec.28-ssec.6) The person must comply with any condition imposed on the consent unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.28-ssec.7) In this section— genuine researcher means— a person for whom an application for health information has been granted under the Public Health Act 2005 , chapter 6 , part 4 ; or a member of a quality assurance committee established under the Hospital and Health Boards Act 2011 , section 82 ; or another person who the principal commissioner considers is conducting genuine research. person includes a public entity.