28.07.2010

Issues and problems

19.58 A number of ethical and privacy concerns are raised by aspects of the handling of genetic samples and information held in human tissue collections. The samples and information held in these collections have often been obtained for one purpose—such as pathology testing, newborn screening or other therapeutic use—and not explicitly for other, secondary purposes. …

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28.07.2010

Regulation of human genetic research databases

18.25 The collection, storage, use and disclosure of genetic samples and information held in human genetic research databases are regulated by a mixture of legislation, guidelines and standards. These include:the legislative framework for the protection of information and health privacy based on the Privacy Act and similar state and territory legislation (see Chapters 7 and …

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28.07.2010

Waiver of consent

Operation of the National Statement15.22 The National Statement recognises that there may be circumstances in which the use of identifiable information in research may be justified without complying with the requirement of individual consent from all participants. This can occur in epidemiological research but is also possible for human tissue research and genetic research.15.23 The …

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28.07.2010

The elements of the offence

12.47 It is easier to recommend the creation of a new criminal offence in principle than to determine how it should be drafted and what exceptions should be recognised. These difficulties were noted by the HGC, which observed in respect of its recommendation that:[t]here are a number of aspects that merit further close examination. For …

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28.07.2010

List of Recommendations

4. Framework for Reform Recommendation 4–1  Sections 70 and 79(3) of the Crimes Act 1914 (Cth) should be repealed and replaced by new offences in the Criminal Code (Cth)—the ‘general secrecy offence’ and the ‘subsequent disclosure offences’. 5. General Secrecy Offence: Harm to Public Interests Recommendation 5–1   The general secrecy offence should require that the …

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28.07.2010

Background

Official secrecy has a necessary and proper province in our system of government. A surfeit of secrecy does not.[1]Secrecy laws that impose obligations of confidentiality on individuals handling government information—and the prosecution of public servants for the unauthorised disclosure of such information—can sit uneasily with the Australian Government’s commitment to open and accountable government. Secrecy …

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28.07.2010

Administrative duties, practices and procedures

In the final part of the Report, the ALRC focuses upon the administrative secrecy framework in the Australian Government. The ALRC considers that secrecy provisions that impose administrative penalties on public sector employees have a central role to play—particularly where disclosure is inadvertent, there is no intention to cause harm, or where any potential harm …

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28.07.2010

Privacy

Overview of the Privacy Act 1988 (Cth)16.127 The Privacy Act aims to protect personal information and to give individuals some control over how such information is handled. In contrast to secrecy provisions—which predominantly regulate individuals, for example, Commonwealth officers—the Privacy Act imposes obligations on both public sector agencies and private organisations, as defined in the …

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28.07.2010

Freedom of information

16.4 The FOI Act is founded on the principle of open government. Itprovides a right of access to information held by government agencies and ministers. The FOI Act governs two aspects of this right. First, by requiring agencies and ministers to publish certain information,[3] and secondly, by providing persons with a right to apply for …

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28.07.2010

Archives

Overview of the Archives Act 1983 (Cth).16.96 The Archives Act establishes the National Archives of Australia (National Archives) and sets out comprehensive arrangements for conserving and preserving the archival resources of the Commonwealth.[134] The Archives Act was introduced at the same time as the FOI Act, as part of a package of administrative law reforms …

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