EXPLANATORY STATEMENT
STATUTORY RULES 1987 No. 164
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH EPIDEMIOLOGICAL STUDIES (CONFIDENTIALITY) ACT
EPIDEMIOLOGICAL STUDIES (CONFIDENTIALITY) REGULATIONS (AMENDMENT)
Section 13 of the Epidemiological Studies (Confidentiality) Act 1981 (the Act) provides that the Governor General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out giving effect to the Act.
The purpose of the Act is to provide for the confidentiality of information collected in prescribed epidemiological studies conducted by or on behalf of the Commonwealth.
Sub-section 3(1) of the Act defines a prescribed study as, inter alia, a Commonwealth epidemiological study declared by the regulations to be a study to which the Act applies and which may be conducted by or on behalf of the Commonwealth.
Section 4 of the Act is the secrecy provision which prohibits a person who assists or has assisted in the conducting of the prescribed study from disclosing any information acquired in the course of the study concerning any person.
The purpose of the Statutory Rules is to declare three epidemiological studies as prescribed studies; the studies are being conducted by the National Campaign Against Drug Abuse
into motivations for illicit use of cocaine, the distribution of heroin and a drug indicators research project in the Australian Capital Territory.
The cocaine study involves interviews with a small sample of drug users from certain occupations (especially law, the computing industry, academia and the Arts). The study is concerned with experiences of and motivations for drug use.
The heroin study is an investigation of the distribution of heroin in the Sydney metropolitan area, and the purpose of the study is to provide estimates of current and future levels of heroin use and supply.
The drug indicators research project monitors illicit drug use in the Australian Capital Territory. The project will develop methods of monitoring drug use and will test information on patterns of drug use.
The information being provided is often of a personal and self-incriminating nature. To enable the studies to continue, participants will require assurance that any information which they provide to those conducting the studies will not be published or disclosed in a manner which would allow the identification of any individual person. Prescribing the studies as Commonwealth epidemiological studies will provide this assurance.
The Regulations came into operation on the date of their notification in the Gazette.
Overview
The Epidemiological Studies (Confidentiality) Act 1981 was enacted to ensure the confidentiality of information collected in epidemiological studies conducted by or on behalf of the Commonwealth, thereby addressing the need for the protection of personal and sensitive data gathered during such studies. This Act was established by the Australian Parliament to safeguard the privacy of individuals participating in these studies, which often involve personal and self-incriminating information. The accompanying Statutory Rules 1987 No. 164, issued under the authority of the Minister for Health, were introduced to declare specific epidemiological studies as prescribed studies, thus ensuring that the confidentiality provisions of the Act apply to these particular studies. The policy objective is to provide participants with the assurance that their information will not be disclosed in a manner that could identify them, thereby encouraging honest and comprehensive participation in these critical research efforts.
Scope and Application
The Epidemiological Studies (Confidentiality) Act 1981, as amended by the Statutory Rules 1987 No. 164, aims to safeguard the confidentiality of information collected in prescribed epidemiological studies conducted by or on behalf of the Commonwealth. The Act applies to any person involved in assisting with such studies, prohibiting them from disclosing any information obtained in the course of the study that concerns any individual. This includes studies being conducted by the National Campaign Against Drug Abuse, specifically focusing on the motivations for illicit use of cocaine, the distribution of heroin, and a drug indicators research project in the Australian Capital Territory. The secrecy provision ensures that personal and self-incriminating information provided by participants remains confidential, thereby facilitating the collection of accurate and honest data. The Regulations, which came into effect upon notification in the Gazette, declare these specific studies as prescribed studies, thereby extending the Act's protective provisions to them.
Key Provisions
The Epidemiological Studies (Confidentiality) Regulations (Amendment) (F1997B01650) amend the Epidemiological Studies (Confidentiality) Act 1981 by declaring certain epidemiological studies as prescribed studies. According to section 3(1) of the Act, a prescribed study is one that is declared by the regulations to be a Commonwealth epidemiological study to which the Act applies. Section 4 of the Act prohibits any person involved in conducting a prescribed study from disclosing any information acquired during the study about any individual, ensuring the confidentiality of the information collected. The purpose of these regulations is to protect the personal and self-incriminating information collected in specific studies being conducted by the National Campaign Against Drug Abuse.
The regulations, pursuant to section 13 of the Act, impose obligations on the researchers and participants involved in the three studies being declared as prescribed studies. Researchers must ensure that the information collected is kept confidential and not disclosed in a manner that could identify any individual. Participants are assured that any personal information they provide will be protected and not published in a way that could lead to their identification. These obligations are crucial for maintaining the integrity and confidentiality of the data collected, which is often sensitive and personal in nature.
Breaching the confidentiality provisions outlined in the Act can result in legal consequences. Under section 4 of the Act, any person who discloses information acquired during a prescribed study can be subject to civil or criminal penalties. Although the exact penalties are not specified in the regulations, the Act provides for enforcement through the courts, which can impose penalties commensurate with the severity of the breach. It is important for all parties involved in the studies to adhere to the confidentiality requirements to avoid potential legal repercussions.