Document ID: chunk:federal_register_of_legislation:C2025C00055:section:16b:p1
Version: federal_register_of_legislation:C2025C00055
Segment Type: section
Provision Reference: s 16B (pt 1/2)
Character Range: 160033–162952

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