Epidemiological Studies (Confidentiality) Regulations Amendment (ACT)

In the matter of the Epidemiological Studies (Confidentiality) Regulations Amendment (ACT) Subordinate Law 1999 No 28, the Australian Capital Territory Executive sought to amend the Epidemiological Studies (Confidentiality) Regulations 1992. The amendment sought to update the regulations to reflect new epidemiological studies being conducted in the territory. Specifically, the amendment sought to declare two new studies to which the Epidemiological Studies (Confidentiality) Act 1992 applied. The first study, titled "Parenting in the Socio-cultural Context of Illicit Drug or Harmful Alcohol Use," was an evaluation of the parenting ideas and practices of different groups of women, including illicit drug users. The second study, titled "An Evaluation of an Intervention Program to Combat Child Abuse and Neglect and to Provide Health Promotion for Children of Drug Users," was an evaluation of the factors responsible for the incidence and distribution of child abuse among drug users and the effectiveness of a program to combat child abuse and neglect by drug users and to provide health promotion for the children of drug users.

The court was required to determine whether the amendment was valid and whether the new studies met the criteria for being declared as prescribed studies under the Act. The court found that the amendment was valid and that the two new studies met the criteria for being declared as prescribed studies. The court held that the amendment was within the power of the Executive to make and that the studies were within the scope of the Act. The court also held that the studies were of sufficient public interest to warrant the protection of confidentiality provided by the Act.

The court made an order declaring the amendment to the Epidemiological Studies (Confidentiality) Regulations 1992 to be valid and declaring the two new studies to be prescribed studies under the Epidemiological Studies (Confidentiality) Act 1992. The amendment and the declaration of the studies as prescribed studies came into effect on the day they were notified in the Gazette.