Public Interest Determination No. 12 - Collection of Family, Social and Medical Histories

Administered by Attorney-General's Department

Legislation au F2011L02569 Not in force Legislative Instrument

Legislation content

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
Reasons

am F2014L00240

rep

 F2014L00240

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

 

 

 

 

 

Overview

Public Interest Determination No. 12 Collection of Family, Social and Medical Histories, enacted in 2011, was introduced to address the issue of health information being collected from third parties without their consent in certain circumstances, which may contravene Australian Privacy Principle 3.3 of the Privacy Act 1988. This determination was made under the authority of the Australian Privacy Commissioner, Timothy Pilgrim, and outlines specific scenarios where the collection of health information from a third party by a health service provider is permissible despite not obtaining the consent of the third party. The determination was designed to balance the need for health service providers to access necessary information to provide care with the privacy rights of individuals, determining that in some cases, the public interest in providing health services outweighs the public interest in adhering strictly to privacy principles. The determination specifies that the collection of family, social, and medical histories of a health consumer from a third party, such as a family member or responsible person, without the third party's consent is allowed if it is necessary for the health service provider to provide a health service to the health consumer, the information is relevant to the consumer's history, and the consumer is unable to provide the information themselves. This was enacted to ensure that health service providers can operate effectively while still upholding the privacy rights of individuals, except in cases where the public interest in accessing the information substantially outweighs the privacy concerns. The determination was in force from 11 December 2011 to 10 December 2016, reflecting a period of review and possible future amendments to better align with evolving privacy standards and public interest considerations.

Scope and Application

The Public Interest Determination No. 12 Collection of Family, Social and Medical Histories applies to Dr Steve Hambleton, who is recognised as an organisation under section 6C of the Privacy Act 1988. This determination governs Dr Hambleton's practices regarding the collection of health information about third parties from individuals or responsible persons, where such information is necessary for providing health services to the primary health consumer and where consent from the third party is not obtained. This determination addresses specific scenarios where the collection of third-party information breaches or may breach Australian Privacy Principle 3.3 but where the public interest in such collection outweighs the privacy interest. The determination was effective from 11 December 2011 to 10 December 2016 and was subject to amendments through the Privacy Public Interest (Enhancing Privacy Protection) Amendment and Repeal Determination 2014, which altered the provisions and effective dates. The endnotes of this compilation provide details on the legislation history, amendment history, and any uncommenced amendments or modifications, ensuring comprehensive understanding and application of the determination.

Key Provisions

The Public Interest Determination No. 12 Collection of Family, Social and Medical Histories, under section 72 of the Privacy Act 1988, outlines specific conditions under which Dr Steve Hambleton, an organisation, can collect family, social, and medical histories of third parties. This determination applies to health information collected from an individual or their responsible person, necessary for providing health services directly to a health consumer, and where the third party's consent is not obtained (Section 2). The third party's information must be relevant to the health consumer’s family, social, or medical history and can only be collected from a responsible person if the health consumer is physically or legally incapable of providing the information themselves. This collection of information, however, breaches Australian Privacy Principle 3.3 (Section 3). Despite this breach, the public interest in Dr Hambleton engaging in these practices substantially outweighs the public interest in adhering to the principle (Section 4). This determination is in force from 11 December 2011 to 10 December 2016. The obligations imposed by this determination require Dr Hambleton to ensure that any collection of family, social, and medical histories of third parties aligns with the conditions specified. This includes ensuring that the information is necessary for providing health services directly to the health consumer, relevant to their history, and collected without consent only when the health consumer is physically or legally incapable of providing the information themselves. Additionally, Dr Hambleton must ensure that the public interest in these practices outweighs the privacy concerns raised by the collection of third party information. There are no specific offences or penalties outlined in this determination. However, any breach of the conditions specified could potentially lead to civil or criminal consequences under the broader Privacy Act 1988. Under the Privacy Act, unauthorised collection of personal information can result in penalties, including fines up to $210,000 for individuals and $1,050,000 for bodies corporate, depending on the nature and extent of the breach. Additionally, the Australian Privacy Commissioner can take action to enforce compliance and address breaches of the privacy principles.

Legal classification tags

Area of Law
Privacy Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Prohibited Conduct

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.