Australian Capital Territory
Epidemiological Studies (Confidentiality) Act 1992     No 26
Republication No 3
Republication date: 31 January 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Epidemiological Studies (Confidentiality) Act 1992 as in force on 31 January 2002.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Epidemiological Studies (Confidentiality) Act 1992

Contents
	Page
	1	Short title	2
	3	Interpretation for Act	2
	4	Secrecy relating to prescribed studies	4
	5	Authority for access to documents	4
	6	Secrecy relating to certain documents	4
	7	Certain persons may be given information	5
	8	Protection of information from court	5
	9	Extension	6
	10	Oaths and declarations of secrecy	6
	11	Publication of results of studies	7
	12	Information supplied for prescribed study	7
	13	Application of Act	7
	14	Regulation-making power	8
Endnotes
	1	About the endnotes	9
	2	Abbreviation key	9
	3	Legislation history	10
	4	Amendment history	10
	5	Earlier republications	11

Amendments incorporated to
12 September 2001

Australian Capital Territory
Epidemiological Studies (Confidentiality) Act 1992

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 1992.
3	Interpretation for Act
	(1)	In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
Territory epidemiological study means an epidemiological study conducted in the ACT.
Canberra drug users study means the Territory epidemiological study known as Canberra Drug Users, Their Networks and HIV: Establishing Risks and Harm Minimisation Strategies, being the study that—
	(a)	relates to the networks, the infection with human immunodeficiency virus, the risks and the strategies for minimising the risks, of drug users in the ACT; and
	(b)	is conducted by Phyll Dance of the National Centre for Epidemiology and Population Health; and
	(c)	commenced in January 1990.
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 ombudsman.
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; or
	(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 Canberra drug users study; or
	(b)	a Territory epidemiological study declared by the regulations to be a study to which this Act applies.
	(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 such person was or is 1 of the persons to whom the study related or relates or has provided, or is providing, information about 1 of the persons (whether himself or herself, as the case requires, or another person) to whom the study related or relates.
	(3)	A reference in this Act to information concerning the affairs of a person includes—
	(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)	A reference in this Act to information or a document concerning the affairs of a person includes a reference to information or a document concerning the affairs of a deceased person.
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, 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 the firstmentioned person by reason of that person having assisted, or assisting, in the conduct of that study.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
5	Authority for access to documents
	(1)	Notwithstanding section 4, the Minister may, in accordance with this section, authorise the giving of access to documents prepared or obtained in the conduct of a prescribed study to persons assisting in the conduct of another prescribed study where each such study was, or is being, conducted by, or on behalf of, the Territory.
	(2) 	An authorisation of the giving of access under subsection (1)—
	(a)	shall be in writing signed by the Minister; and
	(b)	shall specify the relevant form or forms of access to be given.
	(3) 	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 it is established that the access was given in accordance with an authorisation given under  subsection (1).
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, duly authorised under section 5, to a document prepared or obtained in the conduct of another prescribed study shall not, 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 the firstmentioned person by reason of that person having been given access to that document.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
7	Certain persons may be given information
Sections 4 and 6 do not prevent a person who has assisted, or is assisting, in the conduct of a prescribed study from divulging or communicating information concerning the affairs of another person to—
	(a)	the person who supplied the information; or
	(b)	where the information concerns the affairs of only 1 person—that person; or
	(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 under paragraph (a), (b) or (c) as a person to whom that information may be given.
8	Protection of information from court
	(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 the firstmentioned person by reason of that person 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, duly authorised 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 the firstmentioned person by reason of that person having had, or having, that access.
9	Extension
Without limiting sections 4, 6 and 8, those sections extend to a person who has assisted, or is assisting, in the conduct of a prescribed study—
	(a)	as an officer or employee of the public service of the Commonwealth, a State or another Territory; or
	(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 that person’s services;
and extend to a person whether or not the person received or receives, or was or is entitled to receive, remuneration in respect of the assistance provided by that person.
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 authorised in writing by the Minister for 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 in its application to a prescribed study conducted by, or on behalf of, the Territory.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
11	Publication of results of studies
	(1)	Nothing in this Act prevents 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	Information supplied for prescribed study
Information concerning the affairs of a person to whom a prescribed study relates may be disclosed to a person assisting in the conduct of that study without breach of any law or any principle of professional ethics.
13	Application of Act
	(1)	For the purposes of the application of this Act in relation to the Canberra drug users 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 Territory epidemiological study declared by the regulations to be a study to which this Act applies, this Act extends to information acquired, and information prepared or obtained, before the commencement of those regulations.
14	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	

3	Legislation history
Epidemiological Studies (Confidentiality) Act 1992 No 26
notified 26 June 1992 (Gaz 1992 No S89)
s 1, s 2 commenced 26 June 1992 (s 2 (1))
remainder (ss 3-14) commenced 28 October 1992 (s 2 (2) and Gaz 1992 No S188)
as amended by
Epidemiological Studies (Confidentiality) (Amendment) Act 1992 No 78
notified 24 December 1992 (Gaz 1992 No S236)
commenced 24 December 1992 (s 2)
Ombudsman (Amendment) Act 1996 No 17 s 12
notified 1 May 1996 (Gaz 1992 No S71)
s 12 commenced 1 May 1996 (s 2)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1992 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Legislation (Consequential Amendments) Act 2001 No 44 pt 132
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 132 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
4	Amendment history
Commencement
s 2	om 2001 No 44 amdt 1.1574
Interpretation for Act
s 3	def Canberra drug users study sub 1992 No 78 s 4
	def court  am 1996 No 17 s 12
Secrecy relating to prescribed studies
s 4	am 1998 No 54 sch
Secrecy relating to certain documents
s 6	am 1998 No 54 sch
Oaths and declarations of secrecy
s 10	am 1998 No 54 sch
Regulation-making power
s 14	sub 2001 No 44 amdt 1.1575
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Republication No	Amendments to	Republication date	
1	Act 1992 No 78	31 August 1993	
2	Act 1998 No 54	31 March 1999	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002