Schools
Schools and the Privacy Act69.41 School is the most significant institution in the lives of the majority of children and young people. Schools collect and hold a vast array of personal information regarding children and young people, including names, addresses, family information, subjects studied, grades and behavioural information. Schools often will hold health information about …
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Read moreALRC’s view
Combining individual assessment and age of presumption approaches68.102 A system of individual assessment is the fairest and most appropriate way to determine if an individual under the age of 18 has the capacity to make a decision. As far as possible, a system of individual assessment should be incorporated formally into the Privacy Act.68.103 The …
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Read morePossible models for assessing capacity
68.53 A number of policy approaches can be taken to the assessment of the capacity of individuals under the age of 18.[97] Capacity could be assessed with reference to the following factors (or a combination of them):according to a young person’s capacity to understand;by fixing a general cut-off age;according to the young person’s age and …
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Read moreSubmissions and consultations
68.69 There was general support from stakeholders for the inclusion of provisions in the Privacy Act clarifying the handling of personal information of children and young people.[109] There were opposing opinions, however, on whether the ALRC’s proposals were appropriate.68.70 A number of stakeholders highlighted particular areas where they considered it important for young people to …
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Read moreEstablishing databases
Background66.3 A number of health information databases and registers have been established by legislation—for example, the Australian Government maintains the Medicare and Pharmaceutical Benefits Program databases. State and territory governments in Australia have established databases that include information collected under mandatory reporting requirements in public health legislation. For example, the Public Health Act 1991 (NSW) …
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Read moreUsing and linking information in databases
Background66.29 Databases of health information provide the opportunity to link data more effectively. Dr Roger Magnusson notes that:Future improvements in public health will increasingly depend on the more effective use of health data resources in order: to monitor trends in health status, to investigate the causal roles of ‘lifestyle’, environmental and other risk factors … …
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Read moreImpracticable to seek consent
65.84 NPP 10 and NPP 2 allow the collection, use and disclosure of health information for research without consent where it is impracticable for the organisation to seek the individual’s consent before the collection, use or disclosure. The Macquarie Dictionary defines ‘impracticable’ as ‘not practicable; that cannot be put into practice with the available means’.[92] …
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Read moreHuman Research Ethics Committees
Role of HRECs65.99 Institutions that undertake research ‘with or about people, their data or tissue’[108] are responsible for ensuring that research they conduct, or for which they are responsible, is ethically reviewed in accordance with the National Statement.[109] Institutions may establish their own processes for ethical review or use those of another institution.[110]65.100 The National …
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Read moreSection 95 and 95A Guidelines
65.3 As discussed in Chapter 64, the Guidelines under Section 95 of the Privacy Act 1988[2] (the Section 95 Guidelines) relate to research conducted by public sector agencies bound by the IPPs. The Guidelines approved under Section 95A of the Privacy Act 1988[3] (the Section 95A Guidelines) relate to research conducted by private sector organisations …
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Read moreResearch in areas other than health and medical
65.22 NPP 10.3 currently provides an exception for the collection of health information without consent where necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety. NPP 2.1(d) provides an exception for the use or disclosure of health information without consent where necessary for research, or the compilation …
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