An Act to provide for confidentiality in relation to certain epidemiological studies
1 Short title
This Act may be cited as the Epidemiological Studies (Confidentiality) Act 1981.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
Commonwealth epidemiological study means an epidemiological study conducted by, or on behalf of, the Commonwealth.
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions, but does not include the Commonwealth Ombudsman.
document includes any record of information, however recorded or stored, whether in written or printed form, on film, by electronic means or otherwise and, without limiting the generality of the foregoing, includes an article containing an image produced by photography, x‑rays or otherwise.
epidemiological study means a study of:
(a) the incidence or distribution, within the population of a country, or a part of a country, or within a particular group of persons, or within a sample or sub‑sample of such a population or group, of:
(i) a disease;
(ii) a physical or mental state; or
(iii) a condition, circumstance, occurrence, activity, form of behaviour, course of conduct, or state of affairs, that is or may be disadvantageous to, or result in a disadvantage to, the person concerned or to the community; or
(b) the factors responsible for such an incidence or distribution;
or both, and includes a series of such studies.
prescribed study means:
(a) the Vietnam Veterans Study; or
(b) a Commonwealth epidemiological study declared by the regulations to be a study to which this Act applies.
Vietnam Veterans Study means the Commonwealth epidemiological study that commenced in 1980 in relation to:
(a) persons who were members of the Defence Force at any time between 1 January 1962 and 31 December 1972, whether or not they served in Vietnam; and
(b) members of the Australian Public Service who served in Vietnam at any time between 1 January 1962 and 31 December 1972.
(2) A reference in this Act to a person who has assisted, or is assisting, in the conduct of an epidemiological study includes a reference to a person who has conducted, or is conducting, or has supervised or is supervising the conduct of, the study but does not include a reference to a person who has assisted, or is assisting, in the conduct of the study by reason only that he or she was or is one of the persons to whom the study related or relates or has provided, or is providing, information about one of the persons (whether himself, herself or another person) to whom the study related or relates.
(3) A reference in this Act to information concerning the affairs of a person shall be read as including:
(a) a reference to information as to the existence or non‑existence of a document concerning the affairs of a person; and
(b) a reference to information relating to the whereabouts of a document concerning the affairs of a person.
(4) Unless the contrary intention appears, a reference in this Act to information or a document concerning the affairs of a person includes a reference to information or a document, as the case may be, concerning the affairs of a deceased person.
3A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
4 Secrecy relating to prescribed studies
Subject to sections 5 and 7, a person who has assisted, or is assisting, in the conduct of a prescribed study shall not, either directly or indirectly, except for the purpose of the conduct of that study, make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him or her by reason of his or her having assisted, or assisting, in the conduct of that study.
Penalty: Imprisonment for 6 months or 10 penalty units.
5 Authorisation of use of documents
Notwithstanding section 4, the Minister may, by writing signed by him or her, authorize the giving of access, in a form or forms specified in the instrument of authorization, to documents prepared or obtained in the conduct of a prescribed study to persons assisting in the conduct of another prescribed study, and, where such an authorization is given, it is a defence to a prosecution for a contravention of section 4 that is constituted by the giving of access to a document if the access was given in accordance with the authorization.
Note: The defendant bears an evidential burden in relation to establishing that the access was given in accordance with the authorization. See subsection 13.3(3) of the Criminal Code.
6 Secrecy relating to certain documents
Subject to section 7, a person who has assisted, or is assisting, in the conduct of a prescribed study and has been given access, by virtue of an authorization under section 5, to a document prepared or obtained in the conduct of another prescribed study shall not, either directly or indirectly, except for the purpose of the conduct of either of those studies, make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him or her by reason of his or her having been given access to that document.
Penalty: Imprisonment for 6 months or 10 penalty units.
7 Certain persons may be given information
Sections 4 and 6 do not prohibit a person who has assisted, or is assisting, in the conduct of a prescribed study from giving information concerning the affairs of another person to:
(a) the person who supplied the information;
(b) where the information concerns the affairs of only one person—that person;
(c) where the information concerns the affairs of 2 or more persons—any of those persons with the consent of the other person, or each other person, whose affairs that information concerns; or
(d) a person nominated by a person to whom the information may be given by virtue of paragraph (a), (b) or (c) as a person to whom that information may be given.
8 Documents not to be produced in court etc.
(1) A person who has assisted, or is assisting, in the conduct of a prescribed study shall not be required:
(a) to produce in a court, or permit a court to have access to, a document prepared or obtained in the course of the conduct of that study, being a document concerning the affairs of another person; or
(b) to divulge or communicate to a court any information concerning the affairs of another person acquired by him or her by reason of his or her having assisted, or assisting, in the conduct of that study.
(2) A person who has assisted, or is assisting, in the conduct of a prescribed study and has been given access, by virtue of an authorization under section 5, to a document shall not be required:
(a) to produce in a court, or permit a court to have access to, that document, being a document concerning the affairs of another person; or
(b) to divulge or communicate to a court any information concerning the affairs of another person acquired by him or her by reason of his or her having had, or having, that access.
9 Extension
Without limiting the generality of sections 4, 6 and 8, those sections extend to a person who has assisted, or is assisting, in the conduct of an epidemiological study:
(a) as an officer of the Public Service of a State or of the Northern Territory;
(b) as an employee of a body corporate, or of another person, involved in the conduct of the study; or
(c) in accordance with a contract for the provision of his or her services;
and extend to a person whether or not he or she received or receives, or was or is entitled to receive, remuneration in respect of the assistance provided by him or her.
10 Oaths and declarations of secrecy
A person who is, or is about to become, a person to whom section 4 or 6 applies shall, if and when required to do so by the Minister, or by a person authorized in writing by the Minister for the purposes of this section, take an oath, or make an affirmation or declaration, in a manner and form, and before a person, prescribed by the regulations, not to make a record of, or divulge or communicate, information in contravention of this Act.
Penalty: Imprisonment for 6 months or 10 penalty units.
11 Publication of results of studies etc.
(1) Nothing in this Act prohibits the publication of conclusions based on, statistics derived from, or particulars of procedures used in, a prescribed study, but such conclusions, statistics or particulars shall not be published in a manner that enables the identification of an individual person (including a deceased person).
(2) In this section, publication, in relation to conclusions, statistics or particulars, includes:
(a) the divulging or communication to a court of the conclusions, statistics or particulars; and
(b) the production to a court of, or the permitting of a court to have access to, a document containing the conclusions, statistics or particulars.
12 Application
(1) For the purposes of the application of this Act in relation to the Vietnam Veterans Study, this Act extends to information acquired, and documents prepared or obtained, before the commencement of this Act.
(2) For the purposes of the application of this Act in relation to a Commonwealth epidemiological study declared by the regulations to be a study to which this Act applies, this Act extends to information acquired, and documents prepared or obtained, before the commencement of those regulations.
13 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Epidemiological Studies (Confidentiality) Act 1981 | 148, 1981 | 26 Oct 1981 | 26 Oct 1981 (s 2) | |
Health Legislation Amendment Act 1984 | 135, 1984 | 25 Oct 1984 | s 4, 5: 25 Oct 1984 (s 2(1)) | — |
Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001 | 111, 2001 | 17 Sept 2001 | s 4 and Sch 1 (items 8–10): 17 Sept 2001 (s 2) | s 4 |
Statute Law Revision Act 2008 | 73, 2008 | 3 July 2008 | Sch 4 (items 275–288): 4 July 2008 (s 2(1) item 64) | — |
Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 1 (item 230): 21 Oct 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 3..................... | am No 135, 1984; No 73, 2008 |
s 3A .................... | ad No 111, 2001 |
s 4..................... | am No 73, 2008; No 61, 2016 |
s 5..................... | am No 111, 2001; No 73, 2008 |
s 6..................... | am No 73, 2008; No 61, 2016 |
s 8..................... | am No 73, 2008 |
s 9..................... | am No 73, 2008 |
s 10.................... | am No 61, 2016 |
s 11.................... | am No 135, 1984 |
