Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:1_16b:p1
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 1 cl 16B (pt 1/2)
Character Range: 26766–29742

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.

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