Document ID: chunk:federal_register_of_legislation:F2021L00231:clause:1_21a:p1
Version: federal_register_of_legislation:F2021L00231
Segment Type: clause
Provision Reference: sch 1 cl 21A (pt 1/5)
Character Range: 45637–48852

21A  Additional requirement: destruction or de-identification on request
       (1)    A Research Organisation must accept and act on requests for identifiable research information to be destroyed or de-identified, except in the following circumstances:
         (a)    the request is frivolous or vexatious; or
         (b)    destruction, deletion or de-identification would have an unreasonable impact upon the privacy of other individuals; or
         (c)    the organisation reasonably believes that destroying, deleting or de-identifying the information would pose a serious threat to the life, health or safety of any individual or to public health or public safety; or
         (d)    destroying, deleting or de-identifying the information would reveal the intentions of the research organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
         (e)    destroying, deleting or de-identifying the information would be unlawful; or
         (f)     retaining the identifiable information is required or authorised by or under an Australian law or a court/tribunal order; or
         (g)    the Research Organisation has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the organisation's functions or activities has been, is being or may be engaged in; and destroying, deleting or de-identifying the information would be likely to prejudice the taking of appropriate action in relation to the matter; or
         (h)    destroying, deleting or de-identifying the information, would be likely to prejudice one or more enforcement related activities conducted by or on behalf of an enforcement body; or
         (i)     where the Research Organisation is contractually obliged to retain the identifiable research information.

Part 3—Governance

22 Code Administrator
       (1)    The Code Administrator for this Code is AMSRO. In practice, this Code is administered by the AMSRO Secretariat, under direction of the AMSRO Board.
       (2)    AMSRO will fund the administration of this Code in such manner as the AMSRO Board considers appropriate, having regard to the resource requirements necessary for the effective execution of those tasks described in section 23.

23 Tasks of the Code Administrator
       (1)    In administering this Code, the AMSRO Secretariat will perform the following tasks:
         (a)    maintain an accurate and up to date online list of AMSRO members, which doubles as a public register of research organisations which are bound by this Code;
         (b)    commission periodic reviews of this Code in accordance with Part 4;
         (c)    produce a written response to a report resulting from an independent code review;
         (d)    consider the need for any variation of this Code, and make any consequent applications;
         (e)    monitor and report on compliance with this Code (see Part 5);
         (f)     make available on the AMSRO website the following:
              (i)            information about this Code;
              (ii)            a copy of the most current version of this Code;
              (iii)            contact details for the Code