In Australia, there is no federally recognised right to privacy.
The Privacy Act 1988 (Cth) is the primary legislative instrument that deals with matters relating to information privacy in both the public and private sector, and the National Health Act 1953 (Cth) gives the Privacy Commissioner the power to issue guidelines with respect to health information privacy.407 In 2008, the Privacy Guidelines for the Medicare Benefits and Pharmaceutical Benefits Programs were issued.
All Australian governments have disability services standards that are drawn from the National Disability Services Standards. The National Standards contain Standard 4, Privacy, Dignity and Confidentiality.408
Australia has introduced the Healthcare Identifiers Act 2010 (Cth), which allows for the allocation of a unique 16 digit individual health identifier. This is the basis of the e-health system, which will provide a ‘person-controlled electronic health record’ (PCEHR) for every Australia. There are concerns about how privacy will be managed in the new e-health system.
The National Health Act 1953 (Cth) provides that the Minister can issue standards in relation to approved nursing homes.409 One such standard is that facilities must “be committed to protecting their resident’s rights”.410 Within the accreditation standards published by Aged Care Standards and Accreditation Ltd, standard 3.6 provides that “each resident’s right to privacy, dignity and confidentiality is recognised and respected”.411
Each State and Territory has its own legislation with respect to the privacy of information collected and collated by public authorities.
