sch.4-sec.3Collection—research etc.

### sch.4-sec.3 Collection—research etc. A permitted health situation exists in relation to the collection by a health agency of health information about an individual if— the collection is necessary for any of the following purposes— research relevant to public health or public safety; the compilation or analysis of statistics relevant to public health or public safety; the management, funding or monitoring of a health service; and that purpose can not be served by the collection of information that does not identify the individual or from which the individual’s identity can not reasonably be ascertained; and it is impracticable for the health agency to seek the individual’s consent to the collection; and the information is collected— as required or authorised under an Australian law; or by a designated person with the approval of the relevant chief executive; or in accordance with guidelines approved by the chief executive of the health department for this subparagraph. In this section— designated person see the Hospital and Health Boards Act 2011 , section 139A . relevant chief executive , of a health agency, means— if the health agency is a Hospital and Health Service—the health service chief executive or the chief executive of the health department; or otherwise—the chief executive of the health department. sch 4 s 3 amd 2011 No. 32 s 332 s ch 1 pt 2 (amd 2012 No. 9 s 47 ) sub 2023 No. 32 s 74 (sch.4-sec.3-ssec.1) A permitted health situation exists in relation to the collection by a health agency of health information about an individual if— the collection is necessary for any of the following purposes— research relevant to public health or public safety; the compilation or analysis of statistics relevant to public health or public safety; the management, funding or monitoring of a health service; and that purpose can not be served by the collection of information that does not identify the individual or from which the individual’s identity can not reasonably be ascertained; and it is impracticable for the health agency to seek the individual’s consent to the collection; and the information is collected— as required or authorised under an Australian law; or by a designated person with the approval of the relevant chief executive; or in accordance with guidelines approved by the chief executive of the health department for this subparagraph. (sch.4-sec.3-ssec.2) In this section— designated person see the Hospital and Health Boards Act 2011 , section 139A . relevant chief executive , of a health agency, means— if the health agency is a Hospital and Health Service—the health service chief executive or the chief executive of the health department; or otherwise—the chief executive of the health department. - (a) the collection is necessary for any of the following purposes— (i) research relevant to public health or public safety; (ii) the compilation or analysis of statistics relevant to public health or public safety; (iii) the management, funding or monitoring of a health service; and - (i) research relevant to public health or public safety; - (ii) the compilation or analysis of statistics relevant to public health or public safety; - (iii) the management, funding or monitoring of a health service; and - (b) that purpose can not be served by the collection of information that does not identify the individual or from which the individual’s identity can not reasonably be ascertained; and - (c) it is impracticable for the health agency to seek the individual’s consent to the collection; and - (d) the information is collected— (i) as required or authorised under an Australian law; or (ii) by a designated person with the approval of the relevant chief executive; or (iii) in accordance with guidelines approved by the chief executive of the health department for this subparagraph. - (i) as required or authorised under an Australian law; or - (ii) by a designated person with the approval of the relevant chief executive; or - (iii) in accordance with guidelines approved by the chief executive of the health department for this subparagraph. - (i) research relevant to public health or public safety; - (ii) the compilation or analysis of statistics relevant to public health or public safety; - (iii) the management, funding or monitoring of a health service; and - (i) as required or authorised under an Australian law; or - (ii) by a designated person with the approval of the relevant chief executive; or - (iii) in accordance with guidelines approved by the chief executive of the health department for this subparagraph. - (a) if the health agency is a Hospital and Health Service—the health service chief executive or the chief executive of the health department; or - (b) otherwise—the chief executive of the health department.