Privacy Legislation Amendment Act 2006 (99 of 2006)

Schedule 2   Amendments relating to genetic information

Privacy Act 1988

4   After section 95A

Insert:

95AA Guidelines for National Privacy Principles about genetic information

Overview

(1) This section allows the Commissioner to approve for the purposes of the National Privacy Principles (the NPPs ) guidelines that are issued by the National Health and Medical Research Council.

Approving guidelines for use and disclosure

(2) For the purposes of subparagraph 2.1(ea)(ii) of the NPPs, the Commissioner may, by legislative instrument, approve guidelines that relate to the use and disclosure of genetic information for the purposes of lessening or preventing a serious threat to the life, health or safety (whether or not the threat is imminent) of an individual who is a genetic relative of the individual to whom the genetic information relates.

Review by AAT

(3) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Commissioner to refuse to approve guidelines.