Commonwealth Consolidated Acts Commonwealth Consolidated ActsCollection--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).