16BPermitted health situations in relation to the collection, use or disclosure of health information

#### 16B Permitted health situations in relation to the collection, use or disclosure of health information Collection—provision of a health service (1) A permitted health situation exists in relation to the collection by an organisation of health information about an individual if: (a) the information is necessary to provide a health service to the individual; and (b) either: (i) the collection is required or authorised by or under an Australian law (other than this Act); or (ii) the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation. (1A) A permitted health situation exists in relation to the collection by an organisation of health information about an individual (the third party) if: (a) it is necessary for the organisation to collect the family, social or medical history of an individual (the patient) to provide a health service to the patient; and (b) the health information about the third party is part of the family, social or medical history necessary for the organisation to provide the health service to the patient; and (c) the health information is collected by the organisation from the patient or, if the patient is physically or legally incapable of giving the information, a responsible person for the patient. Collection—research etc. (2) A permitted health situation exists in relation to the collection by an organisation of health information about an individual if: (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 (b) that purpose cannot be served by the collection of information about the individual that is de‑identified information; and (c) it is impracticable for the organisation to obtain the individual’s consent to the collection; and (d) any of the following apply: (i) the collection is required by or under an Australian law (other than this Act); (ii) the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation; (iii) the information is collected in accordance with guidelines approved under section 95A for the purposes of this subparagraph. Use or disclosure—research etc. (3) A permitted health situation exists in relation to the use or disclosure by an organisation of health information about an individual if: (a) the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety; and (b) it is impracticable for the organisation to obtain the individual’s consent to the use or disclosure; and (c) the use or disclosure is conducted in accordance with guidelines approved under section 95A for the purposes of this paragraph; and (d) in the case of disclosure—the organisation reasonably believes that the recipient of the information will not disclose the information, or personal information derived from that information. Use or disclosure—genetic information (4) A permitted health situation exists in relation to the use or disclosure by an organisation of genetic information about an individual (the first individual) if: (a) the organisation has obtained the information in the course of providing a health service to the first individual; and (b) the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of another individual who is a genetic relative of the first individual; and (c) the use or disclosure is conducted in accordance with guidelines approved under section 95AA; and (d) in the case of disclosure—the recipient of the information is a genetic relative of the first individual. Disclosure—responsible person for an individual (5) A permitted health situation exists in relation to the disclosure by an organisation of health information about an individual if: (a) the organisation provides a health service to the individual; and (b) the recipient of the information is a responsible person for the individual; and (c) the individual: (i) is physically or legally incapable of giving consent to the disclosure; or (ii) physically cannot communicate consent to the disclosure; and (d) another individual (the carer) providing the health service for the organisation is satisfied that either: (i) the disclosure is necessary to provide appropriate care or treatment of the individual; or (ii) the disclosure is made for compassionate reasons; and (e) the disclosure is not contrary to any wish: (i) expressed by the individual before the individual became unable to give or communicate consent; and (ii) of which the carer is aware, or of which the carer could reasonably be expected to be aware; and (f) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (d).