1Privacy Act 1988 - Approval by the Privacy Commissioner of guidelines issued under section 95AA

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Approval by the Privacy Commissioner of guidelines issued under section 95AA of the Privacy Act 1988

Date of Effect: 15 December 2009

I, Karen Curtis, Australian Privacy Commissioner, pursuant to section 95AA of the Privacy Act 1988, hereby approve guidelines issued by the National Health and Medical Research Council (NHMRC) for the use and disclosure of genetic information to a patient’s genetic relatives (‘the guidelines’). The NHMRC issued the guidelines on 27 October 2009.

Under section 95AA, for the purposes of subparagraph 2.1(ea)(ii) of the National Privacy Principles, I may approve guidelines that relate to the use and disclosure of genetic information for the purposes of lessening or preventing a serious threat to the life, health or safety (whether or not the threat is imminent) of an individual who is a genetic relative of the individual to whom the genetic information relates.

The guidelines issued by the NHMRC set out how health practitioners in the private sector may use and disclose genetic information about a patient to the patient’s genetic relatives, in circumstances where the patient has not consented to such use and disclosure. They also set out how health practitioners should first discuss with the patient the need for the use or disclosure and attempt to obtain the consent of the patient.

This approval shall take effect on 15 December 2009.

Karen Curtis

Australian Privacy Commissioner

10 December 2009