Document ID: chunk:federal_register_of_legislation:F2022L01719:reg:21
Version: federal_register_of_legislation:F2022L01719
Segment Type: reg
Provision Reference: reg 21
Character Range: 35299–36835

21  Unreasonable or impracticable to seek consent
 (1) For the purposes of paragraph 16B(4)(a) of the Act, the data custodian's conclusion that it is unreasonable or impracticable to seek an individual's consent to the sharing of data that includes personal information about the individual must be based on considerations including the following:
 (a) whether the data custodian is able to contact the individual to seek consent, including whether the data custodian has resources, systems and practices to do so;
 (b) whether the proposed sharing is authorised by any other law;
 (c) the likely impact (whether positive or negative, or direct or indirect) of the project of which the sharing is a part on the individual about whom personal information will be shared, or a group of people that includes the individual;
 (d) the likely impact on the individual of seeking, or not seeking, the individual's consent;
 (e) whether the sharing relates to a serious threat to, or urgent situation involving, the individual about whom personal information will be shared, or a group of people that includes the individual.
 (2) It may be unreasonable or impracticable to seek consent if seeking consent would be excessively burdensome in all the circumstances.
 (3) It is not unreasonable or impracticable to seek consent merely because it would be inconvenient, time‑consuming or incur costs.
 (4) It is not unreasonable or impracticable to seek consent merely because the consent of a very large number of individuals needs to be sought.