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Application for a Public Interest Determination – Collection of Family, Social and Medical Histories consultation information

October 2011

The consultation period for the application from Dr Steve Hambleton, President of the Australian Medical Association (AMA) for a public interest determination under s 73 of the Privacy Act 1988 (Cth) (Privacy Act) closed on 11 November 2011.

Determinations made in response to the application:

Public Interest Determinations 12 and 12A, were made in response to Dr Hambleton’s application on 29 November 2011, and registered on the Federal Register of Legislative Instruments on 7 December 2011. They will have effect from 11 December 2011:

Summary:

The application concerned the collection by health service providers of third party health information that is relevant to a patient's family or social medical histories, without the third party's consent. In the absence of a determination, such acts or practices may be in breach of the Privacy Act.

Public Interest Determinations 10 and 10A permitted the collection by health service providers of third party health information that is relevant to a patient's family or social medical histories, without the third party's consent.  Those determinations expired on 10 December 2011.

Consultation on the application and draft determination

The Australian Privacy Commissioner invited interested parties to make comment on the issues raised by the application and the scope and nature of the draft determination. Submissions were due by 11 November 2011.

Consultation paper – HTML (PDF)

To assist consideration of this matter the OAIC prepared a consultation paper which included a draft determination. The paper outlined the issues raised in the application, provided brief background information and suggested matters that could be addressed in submissions.

Submissions received:

  1. pdfConsumers Health Forum of Australia894.3 KB
  2. Professor Michael Kidd AM, Faculty of Health Sciences, Flinders University .html
  3. pdfQueensland Health56.1 KB
  4. docQueensland Health Quality and Complaint Commission28.5 KB
  5. pdfSouth Australian Health and Community Complaints Commissioner31.44 KB