Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:3_10:p1
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 3 cl 10 (pt 1/2)
Character Range: 127577–130604

10  Sensitive information

 10.1 An organisation must not collect sensitive information about an individual unless:
 (a) the individual has consented; or
 (b) the collection is required by law; or
 (c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
 (i) is physically or legally incapable of giving consent to the collection; or
 (ii) physically cannot communicate consent to the collection; or
 (d) if the information is collected in the course of the activities of a non‑profit organisation—the following conditions are satisfied:
 (i) the information relates solely to the members of the organisation or to individuals who have regular contact with it in connection with its activities;
 (ii) at or before the time of collecting the information, the organisation undertakes to the individual whom the information concerns that the organisation will not disclose the information without the individual's consent; or
 (e) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

 10.2 Despite subclause 10.1, an organisation may collect health information about an individual if:
 (a) the information is necessary to provide a health service to the individual; and
 (b) the information is collected:
 (i) as required by law (other than this Act); or
 (ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation.

 10.3 Despite subclause 10.1, an organisation may collect 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 that does not identify the individual or from which the individual's identity cannot reasonably be ascertained; and
 (c) it is impracticable for the organisation to seek the individual's consent to the collection; and
 (d) the information is collected:
 (i) as required by law (other than this Act); or
 (ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation; or
 (iii) in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph.

 10.4 If an organisation collects health information about an individual in accordance with subclause 10.3, the organisation must take reasonable steps to permanently de‑identify the information before the organisation discloses it.

 10.5 In this clause:

non‑profit organisation means a non‑profit organisation that has only racial, ethnic, political, religious, philosophical,