Commonwealth legislation

Privacy (Guidelines issued under section 95A) Approval 2024

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legislative instrument

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This instrument records the Australian Information Commissioner’s approval (Angelene Falk) of the National Health and Medical Research Council’s updated Privacy guidelines under subsections 95A(2) and (4) of the Privacy Act 1988. It authorises use, disclosure and collection of health information for research, public‑health or public‑safety purposes and for management, funding or monitoring of health services. It repeals the 2014 approval and takes effect 1 April 2024. Affected parties include researchers, health services and agencies that handle health data.

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Privacy (Guidelines issued under section

Privacy (Guidelines issued under section 95A) Approval 2024

I, Angelene Falk, Australian Information Commissioner, hereby approve pursuant to subsections 95A(2) and (4) of the Privacy Act 1988 (Cth) (the Privacy Act) the guidelines issued by the Chief Executive Officer of the National Health and Medical Research Council for the purposes of paragraph 16B(3)(c) and subparagraph 16B(2)(d)(iii) of the Privacy Act, namely, Guidelines approved under Section 95A of the Privacy Act 1988 (updated 2024).

Under section 95A(2), for the purposes of paragraph 16B(3)(c), I may approve guidelines that relate to the use and disclosure of health information for the purposes of research, or the compilation or analysis of statistics, relevant to public health or public safety.

Under section 95A(4), for the purposes of paragraph 16B(2)(d)(iii), I may approve guidelines that relate to the collection of health information for the purposes of:

research, or the compilation or analysis of statistics, relevant to public health or public safety; or
the management, funding or monitoring of a health service.

This approval has the effect of repealing the approval by the Privacy Commissioner of the Guidelines approved under Section 95A of the Privacy Act 1988 (March 2014, FRLI F2014L00243).

This approval takes effect on 1 April 2024.

[signed]

Angelene Falk

Australian Information Commissioner

25 March 2024

Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Privacy (Guidelines issued under section Privacy (Guidelines issued under section 95A) Approval 2024

Privacy (Guidelines issued under section 95A) Approval 2024

Under section 95A(4), for the purposes of paragraph 16B(2)(d)(iii), I may approve guidelines that relate to the collection of health information for the purposes of:

research, or the compilation or analysis of statistics, relevant to public health or public safety; or
the management, funding or monitoring of a health service.

This approval has the effect of repealing the approval by the Privacy Commissioner of the Guidelines approved under Section 95A of the Privacy Act 1988 (March 2014, FRLI F2014L00243).

This approval takes effect on 1 April 2024.

[signed]

Angelene Falk

Australian Information Commissioner

25 March 2024

Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).