Commonwealth Numbered Acts

Epidemiological Studies (Confidentiality) Act 1981 No. 148 of 1981 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''Commonwealth epidemiological study'' means an epidemiological study
conducted by, or on behalf of, the Commonwealth;

''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 Commonwealth Ombudsman;

''document'' includes any record of information, however recorded or stored,
whether in written or printed form, on film, by electronic means or otherwise
and, without limiting the generality of the foregoing, includes an article
containing an image produced by photography, x-rays or otherwise;

''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;

        (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 Vietnam Veterans Study; or

   (b)  a Commonwealth epidemiological study declared by the regulations to be
        a study to which this Act applies;

''Vietnam Veterans Study'' means the Commonwealth epidemiological study that
commenced in 1980 in relation to-

   (a)  persons who were members of the Defence Force at any time between 1
        January 1962 and 31 December 1972, whether or not they served in
        Vietnam; and

   (b)  members of the Australian Public Service who served in Vietnam at any
        time between 1 January 1962 and 31 December 1972.

(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 he
was or is one of the persons to whom the study related or relates or has
provided, or is providing, information about one of the persons (whether
himself or another person) to whom the study related or relates.

(3) A reference in this Act to information concerning the affairs of a person
shall be read as including-

   (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.