Guidelines approved under Section 95A of the Privacy Act 1988

The Guidelines approved under Section 95A of the Privacy Act 1988 provide a framework for human research ethics committees (HRECs) and those involved in conducting research, the compilation or analysis of statistics or health service management, to weigh the public interest in—research, or the compilation or analysis of statistics, or health service management activities—against the public interest in the protection of privacy. The guidelines contain procedures to follow in preparing proposals to be submitted to an HREC for approval to collect, use or disclose health information held by organisations without consent from the individual(s) involved and guidelines for HRECs to follow when considering proposals.

The Section 95A Guidelines were remade in 2024 in substantially the same terms as the 2014 guidelines; minor revisions were undertaken to maintain the document’s currency. This action was taken to ensure the utility of these guidelines while the Australian Government implements its response to a substantial review of the Privacy Act that proposed significant changes to the legislation with implications for these guidelines. Once that work is complete, a substantial review of these guidelines is anticipated.