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Legally binding guidelines and rules

The Australian Information Commissioner has powers under the Privacy Act 1988 and other legislation to make or approve legally binding guidelines and rules. These are legislative instruments and are generally required under the Legislative Instruments Act 2003 to be registered and published on the Federal Register of Legislative Instruments and tabled in the Parliament.

To assist agencies, businesses and individuals, the Office of the Australian Information Commissioner (OAIC) also issues non-binding guidelines, which can be found on the Advisory privacy guidelines page, and resources for agencies and organisations.

National Health (Privacy) Rules 2018

The National Health (Privacy) Rules 2018 regulate the way that Australian Government agencies link and store claims information obtained under the Medicare Benefits Program and the Pharmaceutical Benefits Program.

Privacy (Tax File Number) Rule 2015

Privacy (Credit Related Research) Rule 2014

Guidelines under section 95 of the Privacy Act 1988 (2014)

The Guidelines under Section 95 of the Privacy Act 1988, 2014 have been issued by the National Health and Medical Research Council with the approval of the Privacy Commissioner. They outline requirements for the protection of privacy in the conduct of medical research.

Guidelines under section 95A of the Privacy Act 1988 (2014)

The Guidelines approved under Section 95A of the Privacy Act 1988 (2014) (Section 95A guidelines) provide a framework for human research ethics committees to assess proposals to handle health information (without the consent of the subject).

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