sec.284Decision about application

### sec.284 Decision about application The chief executive must consider the application for health information held by a health agency as soon as practicable and either grant or refuse the application. The chief executive may grant the application only if the chief executive is satisfied— the giving of the health information held by a health agency is in the public interest, having regard to— the opportunities the research will provide for increased knowledge and improved health outcomes; and the privacy of individuals to whom the health information relates; and the identification of any person by the information is necessary for the relevant research. If the chief executive decides to grant the application, the chief executive must immediately give notice of the decision under section 285 to the applicant. An application may be granted subject to the conditions the chief executive considers necessary or desirable including, for example, the following— that the person or entity conducting the research must pay the State’s reasonable costs of giving the information; that information given for research must be handled in a confidential and secure way; that measures must be put in place to ensure researchers are aware of and comply with ethical requirements relevant to the conduct of the research; that measures must be put in place to provide feedback to the chief executive on the progress and results of the research. If the chief executive decides to grant an application subject to conditions, the chief executive must immediately give the applicant notice of, and the reasons for, the conditions. If the chief executive decides to refuse the application, the chief executive must immediately give the applicant notice of the refusal and the reasons for the refusal. The chief executive is not required to consult with an individual to whom the information relates before granting an application. s 284 amd 2009 No. 44 s 165 (1) , (2) (retro); 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ); 2016 No. 8 s 26 (sec.284-ssec.1) The chief executive must consider the application for health information held by a health agency as soon as practicable and either grant or refuse the application. (sec.284-ssec.2) The chief executive may grant the application only if the chief executive is satisfied— the giving of the health information held by a health agency is in the public interest, having regard to— the opportunities the research will provide for increased knowledge and improved health outcomes; and the privacy of individuals to whom the health information relates; and the identification of any person by the information is necessary for the relevant research. (sec.284-ssec.3) If the chief executive decides to grant the application, the chief executive must immediately give notice of the decision under section 285 to the applicant. (sec.284-ssec.4) An application may be granted subject to the conditions the chief executive considers necessary or desirable including, for example, the following— that the person or entity conducting the research must pay the State’s reasonable costs of giving the information; that information given for research must be handled in a confidential and secure way; that measures must be put in place to ensure researchers are aware of and comply with ethical requirements relevant to the conduct of the research; that measures must be put in place to provide feedback to the chief executive on the progress and results of the research. (sec.284-ssec.5) If the chief executive decides to grant an application subject to conditions, the chief executive must immediately give the applicant notice of, and the reasons for, the conditions. (sec.284-ssec.6) If the chief executive decides to refuse the application, the chief executive must immediately give the applicant notice of the refusal and the reasons for the refusal. (sec.284-ssec.7) The chief executive is not required to consult with an individual to whom the information relates before granting an application. - (a) the giving of the health information held by a health agency is in the public interest, having regard to— (i) the opportunities the research will provide for increased knowledge and improved health outcomes; and (ii) the privacy of individuals to whom the health information relates; and - (i) the opportunities the research will provide for increased knowledge and improved health outcomes; and - (ii) the privacy of individuals to whom the health information relates; and - (b) the identification of any person by the information is necessary for the relevant research. - (i) the opportunities the research will provide for increased knowledge and improved health outcomes; and - (ii) the privacy of individuals to whom the health information relates; and - (a) that the person or entity conducting the research must pay the State’s reasonable costs of giving the information; - (b) that information given for research must be handled in a confidential and secure way; - (c) that measures must be put in place to ensure researchers are aware of and comply with ethical requirements relevant to the conduct of the research; - (d) that measures must be put in place to provide feedback to the chief executive on the progress and results of the research.