Australian Capital Territory Numbered Acts

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EPIDEMIOLOGICAL STUDIES (CONFIDENTIALITY) (NO. 26 OF 1992) - SECT 3

Interpretation

3. (1) In this Act, unless the contrary intention appears—“Territory epidemiological study” means an epidemiological study conducted in the Territory; “Canberra Drug Users Study” means the Territory epidemiological study in relation to drug users in the Territory, including—

        (a)     their networks;

        (b)     their infection with human immunodeficiency virus;

        (c)     their risks; and

        (d)     their strategies for minimising those risks;

“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 Australian Capital Territory 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;

              (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 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 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 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.

(4) Unless the contrary intention appears, a reference in this Act to information or a document concerning the affairs of a person includes a reference to information or a document, as the case may be, concerning the affairs of a deceased person.


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