6Meaning of health and medical research

### 6 Meaning of health and medical research > [*\[Section 6 Amended by No. 15 of 2021, s. 7, Applied:21 Nov 2022\]*](/view/html/inforce/2022-11-21/act-2021-015#GS7@EN) [*\[Section 6 Substituted by No. 21 of 2023, s. 7, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS7@EN) > > > (1)  Subject to [subsection (3)](#GS6@Gs3@EN) , in this Act, ***health and medical research*** – > > > > > > (a) means research conducted with or about individuals, or their data or tissue, in the field of medicine or health; and > > > > > > > (b) includes an activity undertaken for the purposes of that research. > > > (2)  Without limiting [subsection (1)](#GS6@Gs1@EN) , health and medical research includes the following: > > > > > > (a) the administration of pharmaceutical drugs, biologicals or placebos; > > > > > > > (b) the use of equipment or a device; > > > > > > > (c) providing health care that has not yet gained the support of a substantial number of practitioners in that field of health care; > > > > > > > (d) providing health care to which [paragraph (c)](#GS6@Gs2@Hpc@EN) does not apply to carry out a comparative assessment referred to in [paragraph (e)](#GS6@Gs2@Hpe@EN) ; > > > > > > > (e) carrying out a comparative assessment of the health care provided under [paragraphs (c)](#GS6@Gs2@Hpc@EN) and [(d)](#GS6@Gs2@Hpd@EN) ; > > > > > > > (f) taking samples from an individual, including – > > > > > > > > > > (i) a blood sample; and > > > > > > > > > > > (ii) a sample of tissue or fluid from the body, including the mouth, nose, nasal cavity, eyes and ears; > > > > > > > (g) conducting medical imaging of an individual, including the use of computed tomography, magnetic resonance imaging, x-ray and ultrasound; > > > > > > > (h) taking photographs, films or audio or visual recordings of an individual; > > > > > > > (i) any non-intrusive examination, including – > > > > > > > > > > (i) a visual examination of the mouth, throat, nasal cavity, eyes or ears; and > > > > > > > > > > > (ii) the measuring of an individual's height, weight or vision; > > > > > > > (j) observing an individual; > > > > > > > (k) undertaking a survey, interview or focus group; > > > > > > > (l) collecting, using or disclosing information, including personal information in accordance with the provisions of the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) ; > > > > > > > (m) considering or evaluating samples or information taken under an activity listed in this subsection; > > > > > > > (n) any other activity prescribed to be health and medical research for the purposes of this Act. > > > (3)  In this Act, ***health and medical research*** does not include any of the following: > > > > > > (a) research conducted with or about individuals, or their data or tissue, in the field of medicine or health that – > > > > > > > > > > (i) only involves analysing data about the individuals; and > > > > > > > > > > > (ii) does not result in the disclosure or publication of personal information; > > > > > > > (b) special treatment; > > > > > > > (c) any treatment or procedure that would otherwise require the consent of the Tribunal or any other person or body under law; > > > > > > > (d) any other activity prescribed not to be health and medical research for the purposes of this Act. > > > (4)  In this section – > > > > > ***biological*** has the same meaning as in section 32A of the *Therapeutic Goods Act 1989* of the Commonwealth.