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Health Privacy Legislation to 2003

This table shows the development of Australian health-focused privacy legislation over recent decades. It has not been updated since 2003.

1976Australian Law Reform Commission (ALRC) directed to report on privacy
1979ALRC report on unfair publication: defamation & privacy
ALRC report on Privacy & the Census
Telecommunications (Interception) Act
1980OECD Guidelines on Data Privacy Protection & Transborder Data flows released.
1982Freedom of Information Act 1982 (FOI)
NSW Health Administration Act
1983ALRC report on Privacy
Archives Act 1983
1984Federal government adopts OECD guidelines
1986Commonwealth Privacy Bill proposed but abandoned
Australia Card proposed
1987Australian Privacy Foundation established
1988Privacy Act passed regulating most federal public sector agencies
Tax File Number introduced
Cash Transactions Report Act
NSW Privacy and Personal Information Protection Act
1990NSW Mental Health Act
1991Review of Telecommunications (Interception) Act 1979
NSW Public Health Act
1992Amendments re credit reporting made to the Privacy Act 1988
National Health and Medical Research Council (NHMRC) Act
1994Australian Privacy Charter Council formed
1995Report on privacy by Commonwealth Parliament House of Representatives Standing Committee on Legal & Constitutional Affairs
Breen vs Williams: private patients have no general right of access to their health information
1996Attorney-General's Privacy Protection in the Private Sector discussion paper released
NHMRC Ethical Guidelines on Assisted Reproductive Technology
1997Public enquiry on privacy issues conducted by Federal Privacy Commissioner
Medicare & Pharmaceutical Benefits Programs privacy guidelines issued under Section 135A of National Health Act 1953
ACT Health Records Act
1998National Principles for Fair Handling of Personal Information (voluntary code of regulation for private sector) established by the Federal Privacy Commissioner
NSW Health Information Privacy Code of Practice
1999Senate Legal & Constitutional References Committee?s Privacy & the Private Sector report released
National Statement on Ethical Conduct in Research Involving Humans issued by the NHMRC
2000First reading of Commonwealth Privacy Amendment (Private Sector) Bill. Legislation subsequently passed after minor amendments and community criticism
EU submission to House of Representatives Committee indicates that Privacy Amendment (Private Sector) Bill would not meet EU"s test of adequacy
Medical Practioners Board of Victoria v Sifredi: health information pertaining to clinical management of patient before Medical Practioners Board subject to FOI requests.
2001Federal Privacy Commissioner announces research projects on Privacy & the Community and on Privacy, Business & Government
Federal Privacy Commissioner releases draft NPP and draft Health Privacy Guidelines
Federal Privacy Commissioner releases consultation paper on Privacy Issues in the Use of Public Key Infrastructure for Individuals
National Health & Medical Research Council releases its draft s.95 and s.95A guidelines
Federal Privacy Commissioner releases Health Privacy Guidelines
Privacy Amendment (Private Sector) Act comes into effect for large organisations & all health service providers
Better Medication Management System (BMMS) draft legislation released for comment
2002Health Records Act in Victoria comes into effect
Privacy Amendment (Private Sector) Act comes into effect for smaller organisations
Draft National Health Privacy Code released for comment
HealthConnect system testing commences
Guidelines for the protection of privacy in the conduct of medical research issued by NHMRC
NSW Health Records and Information Privacy Act
2003MediConnect (known as BMMS in development stage) system testing commences
NHMRC issue publication "When does quality assurance in health care require independent critical review?"
Draft updated NHMRC Ethical Guidelines on Assisted Reproductive Technology released for public comment

References

  1. Caslon Analytics Privacy Guide 2002
  2. Greenleaf, G. Australian Privacy Guide 1995
  3. Medical Practioners Board of Victoria v Sifredi, Anthony & Victorian Civil and Administrative Tribunal 2000