Epidemiological Studies (Confidentiality) Regulations 1982

Administered by Department of Health, Disability and Ageing

Legislation au F1997B01648 Regulations Not in force Legislative Instrument

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Epidemiological Studies (Confidentiality) Regulations 1982

Statutory Rules 1982 No. 371 as amended

made under the

Epidemiological Studies (Confidentiality) Act 1981

This compilation was prepared on 5 April 2002
taking into account amendments up to SR 2002 No. 63

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Interpretation 

 3 Declaration of studies 

Notes  

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Epidemiological Studies (Confidentiality) Regulations 1982.

2 Interpretation

  In these Regulations, the Act means the Epidemiological Studies (Confidentiality) Act 1981.

3 Declaration of studies

  For the purposes of paragraph (b) of the definition of prescribed study in subsection 3 (1) of the Act, each of the following Commonwealth epidemiological studies is declared to be a study to which the Act applies:

 (a) the Commonwealth epidemiological study that commenced in 1981 on those persons who were employed, whether in Australia or not, in relation to the Atomic Weapons Test Programme conducted by the United Kingdom in Australia at the Monte Bello Islands, Western Australia, and at the Emu Claypan and Maralinga, South Australia, between 1 January 1952 and 31 December 1967;

 (b) the epidemiological study in relation to Acquired Immune Deficiency Syndrome conducted on behalf of the Commonwealth by the National Health and Medical Research Council, being the study that commenced in 1983;

 (c) the epidemiological study in relation to motivations for illicit use of cocaine conducted on behalf of the Commonwealth by the Research into Drug Abuse Program of the National Campaign against Drug Abuse, being the study that commenced in January 1986;

 (d) the epidemiological study in relation to drug indicators in the Australian Capital Territory conducted on behalf of the Commonwealth by the Research into Drug Abuse Program of the National Campaign against Drug Abuse, being the study that commenced in 1986;

 (e) the epidemiological study in relation to heroin distribution conducted on behalf of the Commonwealth by the Research into Drug Abuse Program of the National Campaign against Drug Abuse, being the study that commenced in February 1987;

 (f) the epidemiological study in relation to a survey of illicit drug users on patterns and predictors conducted on behalf of the Commonwealth by the Research into Drug Abuse Program of the National Campaign Against Drug Abuse, being the study that commenced in May 1987;

 (g) the epidemiological study in relation to cocaine usage evaluation in high-income groups conducted on behalf of the Commonwealth by the Research into Drug Abuse Program of the National Campaign Against Drug Abuse, being the study that commenced in July 1987;

 (h) the epidemiological study in relation to the extent and nature of cocaine use by illicit drug users and upper economic strata individuals and the assessment of recruitment and supply factors and attitudes of identified users conducted on behalf of the Commonwealth by the Research into Drug Abuse Program of the National Campaign Against Drug Abuse, being the study that commenced in July 1987;

 (i) the epidemiological study in relation to persons who have been charged in a court in the State of Western Australia with an offence relating to the use of illicit drugs, conducted on behalf of the Commonwealth by the National Centre for Research into the Prevention of Drug Abuse of the National Campaign Against Drug Abuse, being the study that commenced in April 1986;

 (j) the epidemiological study in relation to Human Immunodeficiency Virus in intravenous drug users conducted on behalf of the Commonwealth by the Commonwealth AIDS Research Grants Committee Working Party on AIDS in Intravenous Drug Users, being the study that commenced in June 1988;

 (k) the epidemiological study in relation to persons affected by the Atomic Weapons Test Programme conducted by the United Kingdom in Australia at the Monte Bello Islands, Western Australia, and at the Emu Claypan and Maralinga, South Australia, between 1 January 1952 and 31 December 1967, being the study conducted on behalf of the Commonwealth by the Department of Veterans’ Affairs that commenced in July 2000;

 (l) the epidemiological study known as ‘A study of the mechanics of cross-border trafficking of heroin: the experiences of incarcerated high-level drug importers’, to be conducted on behalf of the Commonwealth by the Australian Customs Service in 2002 and 2003.

 

Notes to the Epidemiological Studies (Confidentiality) Regulations 1982

Note 1

The Epidemiological Studies (Confidentiality) Regulations 1982 (in force under the Epidemiological Studies (Confidentiality) Act 1981) as shown in this compilation comprise Statutory Rules 1982 No. 371 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1982 No. 371

31 Dec 1982

31 Dec 1982

 

1984 No. 289

19 Oct 1984

19 Oct 1984

1987 No. 164

29 July 1987

29 July 1987

1988 No. 204

26 Aug 1988

26 Aug 1988

1988 No. 315

2 Dec 1988

2 Dec 1988

2000 No. 225

17 Aug 2000

17 Aug 2000

2002 No. 63

5 Apr 2002

5 Apr 2002

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2000 No. 225

R. 3.................

rs. 1984 No. 289

 

am. 1987 No. 164; 1988 Nos. 204 and 315; 2000 No. 225; 2002 No. 63

 

 

Overview

The Epidemiological Studies (Confidentiality) Regulations 1982, made under the Epidemiological Studies (Confidentiality) Act 1981, were enacted to address the need for protecting the confidentiality of participants in epidemiological studies conducted by or on behalf of the Commonwealth government. The Act aimed to safeguard personal information collected during these studies to maintain public trust and encourage participation. The Regulations were introduced to ensure that sensitive data, such as health information and personal identifiers, are handled with the utmost care and confidentiality. The Epidemiological Studies (Confidentiality) Act 1981 was passed by the Australian Parliament to provide a legislative framework that supports the ethical conduct of epidemiological research while protecting the privacy of individuals involved in these studies.

Scope and Application

The Epidemiological Studies (Confidentiality) Regulations 1982, made under the Epidemiological Studies (Confidentiality) Act 1981, apply to specific epidemiological studies conducted on behalf of the Commonwealth of Australia. These studies involve the collection and analysis of sensitive data related to various health and social issues, such as drug use, HIV/AIDS, and the effects of atomic weapons testing. The regulations declare certain epidemiological studies as being subject to the confidentiality provisions outlined in the Act, ensuring that personal information collected during these studies is protected and not disclosed without proper authorisation. The geographic reach of these regulations is national, applying across all states and territories of Australia. The Act and its associated regulations do not specify any exclusions or exemptions, meaning that all declared studies must adhere to the confidentiality requirements. Additionally, the application of these regulations can be extended or modified through subordinate instruments, such as amendments to the regulations themselves.

Key Provisions

The Epidemiological Studies (Confidentiality) Regulations 1982, made under the Epidemiological Studies (Confidentiality) Act 1981, establish specific epidemiological studies that are subject to confidentiality provisions (Regulation 3). These studies include those related to the Atomic Weapons Test Programme, Acquired Immune Deficiency Syndrome, illicit drug use, and Human Immunodeficiency Virus in intravenous drug users, among others. Each of these studies is declared to be a prescribed study under the Act, meaning they are protected by confidentiality requirements designed to safeguard the privacy and sensitive information of participants. The Act, as implemented by these Regulations, imposes certain obligations on the parties involved in these studies. Primarily, it requires that any person who has access to data collected during these studies must maintain the confidentiality of the information, prohibiting them from disclosing any identifying information without proper authorisation (Act, Section 5). This includes researchers, data analysts, and any other personnel involved in the studies. Furthermore, the Act mandates that any data collected must be stored securely and only used for the purposes specified in the study. Failure to comply with the confidentiality provisions of the Act and the Regulations can result in significant legal consequences. Breaches of confidentiality may lead to both civil and criminal penalties. Civilly, a person found to have breached the confidentiality provisions may be liable for damages in a court of law (Act, Section 9). Criminally, an individual found guilty of a breach can face penalties, including fines up to a certain amount and imprisonment for a specified term (Act, Section 10). The precise penalties are outlined in the Act, which stipulates that the fines and terms of imprisonment can vary based on the severity and intent behind the breach. These stringent measures are in place to ensure the protection of participants' privacy and the integrity of the epidemiological data collected.

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