Public Interest Determination No. 12 Collection of Family, Social and Medical Histories (Cth)
Public Interest Determination No. 12
Collection of Family, Social and Medical Histories
as amended
made under section 72 of the
Privacy Act 1988
Compilation start date: 12 March 2014
Includes amendments up to: Privacy Public Interest (Enhancing Privacy Protection) Amendment and Repeal Determination 2014 (F2014L00240)
About this compilation
This compilation
This is a compilation of the Public Interest Determination No. 12 Collection of Family, Social and Medical Histories as in force on 12 March 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 12 March 2014.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
| Relevant Australian Privacy Principle: Australian Privacy Principle 3.3 Effective: 11 December 2011 to 10 December 2016 |
Under s72(2) of the Privacy Act 1988 (Cth) (Privacy Act) I, Timothy Pilgrim, Australian Privacy Commissioner, determine that I am satisfied that:
(1) Dr Steve Hambleton (the applicant) is an organisation for the purposes of s6C of the Privacy Act. The applicant has applied under s73 of the Privacy Act for a Public Interest Determination in relation to the acts and practices set out in (2) below.
(2) The applicant collects health information from an individual (a ‘health consumer’), or from a responsible person* for the health consumer, about another individual (a ‘third party’) in circumstances where:
a) the collection of the third party’s information into the health consumer’s family, social or medical history is necessary for the applicant to provide a health service directly to the health consumer, and
b) the third party’s information is relevant to the health consumer’s family, social or medical history, and
c) the applicant collects the third party’s information without obtaining the consent of the third party, and
d) the third party’s information is only collected from a responsible person for the health consumer if the health consumer is physically or legally incapable of providing the information themselves.
(3) The acts and practices set out in (2) above breach or may breach Australian Privacy Principle 3.3 in relation to the collection of the third party’s information.
(4) The public interest in the applicant doing the acts or engaging in the practices set out in (2) above substantially outweighs the public interest in adhering to Australian Privacy Principle 3.3 in those circumstances.
(5) This determination should remain in force from 11 December 2011 to 10 December 2016 (inclusive).
*In this determination, ‘responsible person’ has the same meaning as defined in s 6AA of the Privacy Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = legislative instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
| orig = original | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s) /sub-subparagraph(s) |
Endnote 3—Legislation history
| Name | FRLI registration | Commencement | Application, saving and transitional provisions |
| Public Interest Determination No. 12 Collection of Family, Social and Medical Histories | 7 Dec 2011 (see F2011L02569) | 11 Dec 2011 | |
| Privacy Public Interest (Enhancing Privacy Protection) Amendment and Repeal Determination 2014 | 11 Mar 2014 (see F2014L00240) | 12 Mar 2014 | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| hdg before “Effective:”..... | am F2014L00240 |
| subs (2)............................ | am F2014L00240 |
| subs (3)............................ | am F2014L00240 |
| subs (4)............................ | am F2014L00240 |
| Par after subs (5) Attachment: Statement of.. | am F2014L00240 rep F2014L00240 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
0
0
0