Professional Documents
Culture Documents
HANDBOOK
and Appendices
1
Research and Development Office
University of Tasmania
January 2005
2
Contents
17. Does the HREC Network have specific policies about human
research?...........................................................................................24
18. Will I have any further contact with the HREC after my application
has been approved?..........................................................................24
20. References...................................................................................27
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Appendix C: Clinical Trials..................................................................49
4
Abbreviations
The following abbreviations are used in this document:
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Human Research Ethics Committee (Tasmania) Network Contact
Administrators’ Details
Web address: http://www.research.utas.edu.au/human_ethics/
Executive Officer
Marilyn Pugsley
Human Research Ethics Committee
Research and Development Office
University of Tasmania
Private Bag 1
HOBART TAS 7001
Telephone: (03) 6226 2763
Facsimile: (03) 6226 7148
Rachael.Cowen-Kitanovic
Ethics Officer – Health & Medical
Human Research Ethics Committee
Research and Development Office
University of Tasmania
Private Bag 1
HOBART TAS 7001
Marilyn Knott
Ethics Officer – Social Sciences
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Introduction
These committees also report to the NHMRC through the Australian Health Ethics
Committee (AHEC). The HREC (Tasmania) Network operates in accordance with
the National Statement on Ethical Conduct in Research Involving Humans, and
the Statement of Policy & Procedures of the HREC (Tasmania) Network.
Committee Chair
Tasmania Social Science HREC A/Professor Gino Dal Pont (626
2078)
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provide a well-coordinated, systematic approach to the ethical
assessment of human research;
The HRECs, which make up the unified system are decision-making bodies,
i.e. their decisions on the ethical aspects of projects are not subject to
institutional ratification.
Any application is considered by only one of the three HRECs, which make up
the unified system.
Each HREC that is part of the unified system recognizes the decisions made
by another HREC within the system.
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1. What is meant by ‘human research’?
‘Human research’ is defined as ‘research which involves or impacts upon
humans’ in the National Statement on Ethical Conduct in Research Involving
Humans.
Respect for people, which means respect for their dignity and rights;
Justice, which means asking who ought to receive the benefits of research
and bear its burdens.
These principles are discussed in the ‘Preamble’ of the National Statement (at
Section 1 on page 11).
An HREC is constituted and operates in accordance with the guidelines set down
in the National Statement. These guidelines are prescriptive in some areas but in
other areas allow flexibility in interpretation and decision-making.
Investigators therefore need to be familiar not only with the National Statement
but also with the policies and procedures of the institutions from which the
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projects are initiated. Other guidelines are also applicable and these are listed in
Section 20 below.
Preamble
This gives basic information on human research ethics: the historical context,
statutory considerations and the meaning of ethics and of research.
This section explains the main ethical issues relating to privacy. The information
privacy principles (Commonwealth Privacy Act 1988) are included in the National
Statement as an Appendix.
Since the National Statement was published there has been new legislation
relating to the privacy of private sector organizations. The ‘Guidelines Approved
under Section 95A of the Privacy Act 1988’ are available from the NHMRC.
Collectivities (Section 8)
Collectivities are defined as ‘distinct human groups with their own social
structures that link members with a common identity, with common customs and
with designated leaders or other persons who represent collective interests in
dealing with researchers’.
The ethical issues that arise in relation to research involving collectivities were
not addressed in previous guidelines, other than in relation to research involving
Aboriginal and Torres Strait Islander peoples.
Specific topics
The National Statement includes information on various topics, including –
Multi-center research;
Research involving children and young people, people with an intellectual or
mental impairment, people highly dependent on medical care, and people in
dependent or unequal relationships;
Research involving Aboriginal and Torres Strait Islander peoples;
Clinical trials;
Epidemiological research;
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Use of human tissue samples;
Human genetic research;
Research involving deception of participants, concealment or covert
observation.
Responsibilities of researchers
The responsibilities of researchers are spelt out in various parts of the National
Statement, particularly in ‘Integrity, respect for persons, beneficence and justice’
in Section 1, ‘Principles of ethical conduct’. This section must be read carefully by
all investigators.
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5. What kinds of health & medical and social science research
projects need the approval of the HREC (Tasmania) Network?
HREC approval is required for any of the following activities when these involve
staff, students or associates of the participating institutions:
Pilot studies.
This means pilot studies and preliminary trials associated with the main
research project and whose data will be included in the research.
In general, it is the role of the HREC – and not the role of an investigator, School
or Department – to determine whether a project must be cleared through the
formal approval process.
Investigators should contact the Executive Officer or Chair if they are unsure
whether they –
The HREC (Tasmania) Network has indicated that the following activities do not
need ethical review:
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Activity Documents to be Special considerations
provided to
participants
Coursework components of
Masters programs*
Note: This is based on the premise that all the above activities observe the basic
underlying principles of the National Statement:
Respect for all peoples.
Justice for all peoples.
Beneficence to all peoples.
This means that all participants MUST receive an Information Sheet that tells
them:
Who is conducting the activity?
What is required of them as participants?
The voluntariness of involvement.
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The right to withdraw at any time and if applicable, to withdraw their
information gathered to date.
Whether anonymity is assured or not.
The details of the Ethics Committee as a third party for concerns or
complaints.
It also means that some participants may need a consent form depending on the
activities being undertaken, for example videotaping and audiotaping, or
whether they are identifiable in the final reports/theses.
1. Any ethical issues should be dealt with in course approval procedures at the
Faculty Teaching and Learning Committee.
2. It is the course co-ordinator and ultimately the Head of School who have
responsibility for the ethical conduct of teaching in each course and unit.
The Ethics Committee will review any application that comes forward.
5. The exclusion from the need for formal ethical review does not extend to
components of a coursework program that involve the production of a thesis
or other work that may be “published” (in the broad sense of the word). These
projects come under the banner of “research” and so, where they involve
human subjects, are subject to the formal ethical review process.
NB: If any course co-coordinator or Head of School would like ethical advice in
respect of any of the above activities, or is unsure about the ethical issues
involved, please contact any of the following persons to discuss the matter:
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6. How do I apply to the HREC (Tasmania) Network?
All applications must be made on an official application form (obtained from
http://www.research.utas.edu.au/human_ethics/ as the forms are constantly
being updated). The application must be submitted by the project’s chief
investigator. Student researchers may not be named as chief investigators.
Supervisors are normally the chief investigators for projects undertaken by
students.
Forms
Amendment Forms
One Human Research Amendment Form is now current for all HRECs.
Clinical Trials
See Appendix C.
In Appendix B: Principles of Ethical Conduct you will find practical advice about
the way in which research projects should be conducted in order to comply with
the principles of ethical conduct. Specifically, Sections 3–9 of that Appendix
explain the information required on the application form and how HREC will
consider it.
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7. How long will it take for my application to be considered?
INITIAL APPLICATIONS
Investigators should submit their applications at the earliest possible time and
should allow a minimum of one month for social science projects and two months
for health & medical projects, before hearing a result. While the committees
make every effort to consider projects promptly, delay is sometimes
unavoidable.
Protocol amendments will initially be sent to the Chair, who will either approve
the amendment or refer it to the full committee meeting. The decision to send it
for full review by an HREC would depend on the severity of the changes that are
involved.
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8. When can the Minimal Risk application be used?
Some social science projects can be considered as providing minimal risk to
participants. In accordance with Section 2.27 in the National Statement, an HREC
may establish procedures for expedited review of research involving minimal risk
to participants.
In order to determine whether your research fits into this category, you must
complete a Minimal Risk form. This procedure is not applicable for health &
medical applications unless they involve qualitative methodologies and do not
impact on the hospital or patients, staff and resources.
The Minimal Risk form must be completed instead of the full ethics
application form.
An Information Sheet and Consent Form must accompany the Minimal Risk
form. A Consent Form is not necessary for projects that involve totally
anonymous questionnaires where identification of the participant is
impossible.
These will be considered by the Chair or Deputy Chair. The Chair, the Executive
Officer or the Ethics Officer will inform the researchers of their approval or if
there are any concerns that need to be addressed.
Note: The Chair reserves the right to change the classification of the Minimal
Risk applications if the risk is perceived to be greater than normal. In these
cases, the researcher will be advised to submit a full application, along with
relevant documentation, to the next committee meeting.
Methodological/Scientific Consideration
Some schools have internal committees that review research for scientific merit
prior to submitting applications to the Ethics Committees.
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9. Are there parts of an application that I need to take
particular care with?
The approval of projects is often held up, not because the project raises serious
ethical concerns, but because the investigator has not paid sufficient attention to
parts of the application. In particular,
The methodology and analysis of data must be clear and be relevant to the
aims of the project;
The Information Sheet and Consent Form must be prepared carefully and
thoroughly, following the standard guidelines that are provided with the
application form;
The application must be carefully edited for grammatical and spelling errors.
The application form includes notes to assist investigators. The notes are
provided in comment boxes that are not visible until the cursor is moved over
them. This enables the final application to be provided to the committee without
the unnecessary addition of the comments.
The submission date for social science research is approximately 10 days before
the meeting date. This allows adequate time for the Ethics Officer to:
These tasks are facilitated by the Ethics Officer - Social Sciences, at the
Research and Development Office.
The submission date for health & medical research is usually seven weeks before
the actual meeting date of the Ethics Committee. This is to ensure that the Ethics
Officer has adequate time to:
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enter the applications on the database;
arrange for external review of applications that are not to be reviewed by the
scientific committees of the hospitals.
These tasks are facilitated by the Ethics Officer - Health & Medical, at the
Research and Development Office.
MEETING DATES
Tasmania Social Science HREC Every 3 weeks for the first half of
the year and then changing to every
fourth week. Meetings are held on
Mondays.
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11. What happens to my application after submission to the
RDO?
An email is sent confirming the receipt of your project and including the
reference number which you must provide when making any contact (either
by email, memo or telephone). The RDO sees an average of 400 applications
a year, so it is not always easy to remember the individual projects.
The Ethics Officer will then place the application on the next Ethics
Committee Agenda.
If the research has received approval, an email will be sent confirming this. A
signed approval letter will be completed and sent within a week of the email.
All applications must be submitted to the Ethics Officer – Health & Medical.
An email is sent confirming the receipt of your project and includes the
reference number which you must provide when making any contact (either
by email, memo or telephone). The RDO sees an average of 400 applications
a year so it is not always easy to remember the individual projects.
Once the Ethics Officer has received the approval from the reviewer and/or
the scientific committees, it will then be placed on the next Ethics
Committee agenda relevant to the study.
If the research has received approval from the Ethics Committee, an email
will be sent to the chief investigator confirming this. A signed approval letter
will be completed and sent within a week of the email.
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The approval letter for Clinical Drug Trials will take longer due to extra
CTN forms, Indemnity forms to be signed by various committees and CEOs.
The HREC may, in complex or difficult cases, invite the investigator to speak to
the committee. The HREC may also seek advice and assistance from experts in
appropriate cases, particularly when collectives are involved, such as indigenous
groups, religious groups, cultural groups, or disabled groups.
When research being considered involves a committee member, this project will
be sent to the corresponding alternative committee to avoid conflict of interest.
In the case of the Social Science committee where there is no alternative
committee to send it to, the supplementary member will sit on the committee
when that project is considered.
The HREC may require changes to the application materials before final approval
of the application can be given. These suggested changes will be emailed to the
chief investigator and student (if involved).
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12. What if my project has already been approved by another HREC?
Where Ethics Approval has been sought from other Australian Human Research Ethics Committees (not including Clinical Drug Trials that involve
CTN/CTX forms)
Research Research Research being Research being Research being done at Needs to Documentation needed
involves involves done in OTHER done at UNI Uni Tas or DHHS & be
Researchers Researchers INSTITUTIONS TAS or DHHS & Reviewed
where
EMPLOYED by NOT by
where NO PATIENTS/STAFF/RESO
Uni Tas or EMPLOYED by
resources are URCES are being used
DHHS Uni Tas or DHHS
being used
Application
that had been submitted to
Chair
approving Ethics Committee
Copy of
approval from that Ethics
committee
Information
Sheet and Consent Form
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13. What if my project involves more than one centre?
A multicentre study is one which is being conducted by a number of centres or
institutions. Clinical Drug Trials or Commonwealth research are the most
common of these.
OUTSIDE TASMANIA
Ethical approval is normally obtained from the HREC of the principal centre or
institution. In these cases the Tasmania investigator who is collaborating with
investigators from other institutions is required to submit information on the
project and evidence of its approval. This approval will normally be recognised by
the HREC (Tasmania) Network Committees and will be sent to Chairs for
information. However, the HREC reserves the right to ask for further information
and, if necessary, can refuse ethical approval.
WITHIN TASMANIA
If research is being done at more than one institution within Tasmania, the
research needs to be reviewed ONCE only for scientific merit, safety, validity and
ethics by the HREC (Tasmania) Network. As hospital resources are involved it
will still be reviewed by the scientific committee of each hospital to make a
determination that all costs have been covered.
Clinical Drug Trials are the most common research that this will affect.
The Health & Medical Application Form Guidelines detail the actual process that
institutions need to follow when trials are to be conducted in this manner.
A clinical drug trial may have been in operation for some time at one institution
when another institution within Tasmania decides to run it. Again, this process is
detailed in the Health & Medical Application Form Guidelines.
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16. Where can I find general information about ethical issues in
research?
There is extensive literature on research ethics. The National Statement on
Ethical Conduct in Research Involving Humans, which all investigators must be
familiar with, provides a good introduction. There is also a Handbook on Ethical
Conduct Concerning Research, which is a commentary on the National
Statement. To review current topics and access other relevant links, please look
at the following website: http://www.nhmrc.gov.au. Parts of the statement are
attached in Appendix B: Principles of Ethical Conduct.
17. Does the HREC Network have specific policies about human
research?
The University of Tasmania HREC has specific policies on the following topics:
Clinical trials (see Appendix C);
Research involving children and young people (see Appendix D);
Human tissue and body fluid sampling (see Appendix E);
Research involving deception of participants, concealment or covert
observation (see Appendix F).
Aboriginal and Torres Strait Islander Research (see Appendix G).
18. Will I have any further contact with the HREC after my
application has been approved?
for the HREC to check that projects continue to conform with approved
ethical standards;
With regard to Honours projects, there have been cases where the project has
not been completed and the chief investigator has asked that it be placed on
hold in the hope that another student will take up the research. Projects should
be placed on hold only if there is a definite plan to do the research within the
same year. In other cases, a ‘Final Report’ form should be completed and the
project recorded as ‘not commenced’ or ‘abandoned’ (as appropriate).
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18.2 NOTIFICATION OF CHANGES IN THE PROJECT AND OTHER
MATTERS
Research design amendments for all applications will be sent to the Chair who
will approve the change or refer it to the Ethics Committee at his/her discretion.
Decisions made through the process of expedited review are reported to the
following meeting of the HREC.
The HREC may monitor more closely projects which are ethically sensitive, and
may also conduct random audits.
The HREC may take advice from the principal centre participating in the project
but itself monitors that part of the research which takes place at the University of
Tasmania.
An application has approval for four years as long as the annual reports have
been received.
If the project is to continue beyond the four years, a ‘Request for Extension’ form
indicating why the application should be extended must be provided to the HREC
along with a Progress Report indicating how long the project is likely to continue.
A copy of the most recently approved application form, Information Sheet and
Consent Form, which incorporates any amendments that have been approved,
need to be provided with the letter requesting an extension. These documents
must be what is currently guiding research and be the actual Information Sheets
and Consent Forms that are being used by the researchers. The reasons for this
are that:
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changes in the project and/or in the HREC membership may have occurred
during the tenure of the project and research processes need to be reviewed
in light of these;
there may have been changes in professional and social attitudes towards
different kinds of research and particular ethical issues, which may
necessitate changes in research practices.
18.6 COMPLAINTS
If the HREC receives a complaint about the conduct of a project it will normally
be followed up with the chief investigator.
Participants who have complaints or ethical concerns may contact the HREC
Chair or Executive Officer and researchers. University students who are subjects
in health & medical and social science research projects and who have personal
concerns may wish to consult a University Student Counsellor. This information is
included routinely in subject Information Sheets.
Complaints against the HREC should be referred in the first instance to the
Executive Officer or Chair of the relevant HREC. If the complainant is still
dissatisfied, he/she may contact the Pro-Vice-Chancellor (Research) at the
University, Mr John Ramsay of the Department of Health and Human Services or
the CEOs of the participating institutions.
Other interested people (for example, members of the public) who have
concerns or complaints may contact the HREC Chair or Executive Officer.
All concerns and complaints are formally recorded, treated very seriously and
handled promptly. If a concern or complaint is unresolved at the Committee
level, it is referred to the Pro-Vice-Chancellor (Research).
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if it is satisfied that the project is not being or cannot be conducted in
accordance with the approved protocol and that, as a result, the welfare and
rights of participants are not or will not be protected (National Statement
Section 2.44); or
If there are valid reasons for a delay in sending a report, the researcher
needs to supply a written explanation of the reasons and an expected
submission date.
In the case of a serious breach of ethical guidelines, the relevant investigator will
be subject to procedures detailed in the University’s Code of Conduct in
Research (http://www.research.utas.edu.au/policies)
Marilyn Pugsley
Executive Officer
Research Services
University of Tasmania,
Private Bag 1,
HOBART TAS 7001
20. References
1. Statement of Policy & Procedures of the HREC (Tasmania) Network.
http://www.research.utas.edu.au/human_ethics/
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2. National Statement on Ethical Conduct in Research Involving Humans,
Australian Government Publishing Service, 1999.
This document is available in the University Morris Miller and Clinical School
Libraries.
http://www.nhmrc.gov.au/publications/pdf/e35.pdf
4. Values and Ethics - Guidelines for Ethical Conduct in Aboriginal and Torres
Strait Islander Health Research
This document is to be used in conjunction with the National Statement on
Ethical Conduct in Research Involving Humans.
8. Guidelines Approved under Section 95A of the Privacy Act 1988, NHMRC,
2001.
http://www.nhmrc.gov.au/publications/pdf/e43.pdf
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Human Research Ethics
Committee (Tasmania)
Network
HANDBOOK APPENDICES
November 2003
29
Contents
17. Does the HREC Network have specific policies about human
research?...........................................................................................24
18. Will I have any further contact with the HREC after my application
has been approved?..........................................................................24
20. References...................................................................................27
30
Appendix C: Clinical Trials..................................................................49
ESTABLISHMENT
The HREC (Tasmania) Network began operations on the 1st January 2002.
The following terms of reference accord with the requirements set out in the
National Statement:
31
To establish and administer mechanisms for receiving and
handling complaints or concerns about the conduct of an approved research or
teaching project;
32
1 COMMITTEE STRUCTURE
Membership
(a) Chair
Member with knowledge of, and current experience in, areas of research
(c)
regularly considered by Committee
Member with knowledge of, and current experience in, professional care,
(d)
counseling or treatment of people
Minister of religion or person who performs a similar role in the
(e)
community
(f) Lawyer
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Decisions reached by the Committee
As set out in the National Statement the primary role of human research
ethics committees is to protect the welfare and the rights of participants in
research and the primary responsibility of each member is to decide,
independently, whether the conduct of each research proposal submitted to
the Committees will so protect participants.
Payment
External members of the Committees who are not affiliated with The
University of Tasmania and Department of Health & Human Servioces, will
be given a meeting fee as determined by the Secretary of DHHS and the
Pro Vice Chancellor – Research. This fee is of $45.00/meeting to cover
reimbursement of travel, parking and extraneous costs associated with
attending meetings and other business associated with their membership
of the Committees. There is otherwise no remuneration to members.
2.2 Responsibilities
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The terms of office of members shall be for two years up to but not
including the first day of April in the relevant anniversary year.
2.4 Attendance
2.6 Quorum
The Committees shall receive and examine written applications for ethics
clearance for human research projects
35
Tasmania Health
& Medical Agenda papers are dispatched two weeks prior
to the meeting.
[a] Approved
As the minutes of each meeting are forwarded to all members soon after
the meeting, absent members have the ability to comment at that time or
at the next meeting if they have any significant issues or approve the
minutes and therefore the matters reported on in those minutes.
36
The Committees have the discretion to suspend or withdraw approval for
any project which no longer complies with the approved research protocol
or where the research ceases to be ethically acceptable.
Detail annual progress reports, final reports and requests for extension
of projects beyond the normal 4 year term.
Other business
Chairs report
It is not customary to allow for tabled papers as the agenda papers are
enough work within themselves. If there is information that needs to
append paperwork already sent, it will be sent to members giving at least
24 hours notice.
37
collated by the Executive Officer and sent to all members for final
ratification.
38
2.11 Amendments
Tasmania Social
All amendments are sent to the Chair for review.
Sciences
If the committees have difficulty with proposals where there are significant
ethical issues, the researchers will be invited to attend a meeting, at their
convenience, to address the issues. This is often a proactive way in dealing
with issues.
The National Statement (Section 2.27) provides for human research ethics
committees to establish procedures for expedited review of research involving
minimal risks to participants.
39
The Chair will delegate minimal risk
projects in his absence or when there is too
(c) delegation of tasks to sub-
high a workload, to a deputy Chair as
committees
approved by the full Committee
There is no minimal risk for projects that have potential for physical or
Where the Chair of a Committee considers that research may involve a departure
from any of the ethical principles in the National Statement, the application must
be considered by the full Committee and cannot be dealt with by expedited
review.
Executive Officer
The Executive Officer of the Human Research Ethics Committee shall be
responsible:
40
maintaining an overview to ensure that the Committees
meet membership and other requirements of the National Statement on
Ethical Conduct in Research Involving Humans, 1999 (hereafter referred to
as the National Statement)
be available for advice and guidance to the Committee as
required.
Organise an annual gathering for the members of all
committees
Organise meetings as necessary for the Chairs of the
Committees to discuss policy and emergent issues.
Facilitate the budget and costs of the HREC (Tasmania)
Network.
Reporting
The Committees shall report annually, in the form of the required report to the
Australian Health Ethics Committee under the National Health & Medical
Research Council on their composition, membership, and activities.
The Committee shall report annually to the Academic Senate of the University
of Tasmania, Department of Health & Human Services and any
participating institutions.
Each month, a report on the specific activity of each hospital will be provided to the administration of
that hospital.
Protection of the rights and interests of subjects of research has been recognised
internationally in statements such as the Nuremberg Code (1949) and the World
Medical Assembly’s Declaration of Helsinki (first printed 1965; last revised 1996).
Many countries have also developed their own ethical codes relating to research
involving humans. In Australia a Statement on Human Experimentation was
produced initially by the National Health and Medical Research Council (NHMRC)
in 1966, based on the Declaration of Helsinki. The Statement on Human
Experimentation has undergone several revisions and the current edition, the
National Statement on Ethical Conduct in Research Involving Humans, is a
national standard for the conduct of ethical research in Australia. There are links
to some of these documents in Section 20 of the Handbook.
The Ethics Committee system had its roots in the 1976 edition of the NHMRC
Statement on Human Experimentation. At that time it became a condition for
41
NHMRC funding that a project be approved by an institutional medical ethics
review committee. In the 1982 edition it was stated that all health & medical and
social science research projects involving human subjects and relating to health
must be considered and approved by an Institutional Ethics Committee (IEC)
which is constituted and functioning in accordance with NHMRC guidelines.
The historical context of the HREC system is described in the Preamble to the
National Statement.
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2. PRINCIPLES OF ETHICAL CONDUCT
The basic ethical principles which govern research involving humans are stated
in Section 1 of the National Statement on Ethical Conduct in Research Involving
Humans. The principles cover:
Consent;
Research merit
This does not preclude the Committee from questioning the research merit or
methodology of any proposed project where if feels it has the expertise to do so.
Literature review
Safety
43
appropriate referral with legal, insurance and supervisory staff of the institution
should be undertaken before an application is submitted to an HREC.
Care must be taken that potential subjects are not coerced or induced to
participate because of financial arrangements that are in place.
If any of the researchers that are listed on the application have an involvement
with associations, businesses, institutions, or the intended participants, this
should be declared in the application form with justifications for their
involvement, protocols they have in place to guard against biased data, and
information about protection of the relationship/s they are exploiting and ways in
which the voluntariness of participants is not compromised.
Particular attention will be paid by the HREC to applications that involve children,
fellow employees, and subordinates.
The HREC’s primary role is to protect the welfare and the rights of participants in
research and the primary responsibility of each member is to decide
independently whether, in his or her opinion, the conduct of each research
proposal submitted to the HREC will so protect participants (National Statement
2.5).
They also include studies where there is a risk of physical, psychological or social
harm. The Committee gives particular consideration to projects which involve:
44
obtaining data containing personal information.
The HREC takes particular care when participants include any of the following:
collectivities;
Information Sheet
45
Consent Form
Written consent
While written consent is the norm, there are various kinds of study where other
procedures for obtaining consent are more appropriate, for example:
Some studies using minors as subjects: The verbal consent of children may
be appropriate. See Appendix D.
It is important that the fact of consent is recorded in some way. For example,
consent might be recorded on a taped interview, observed by a third party, or
recorded by other means, depending on the study.
If the investigator considers that written consent is inappropriate, the onus lies
on him/her to put evidence before the Committee to justify an alternative form of
recording consent.
In special circumstances the HREC may give approval for consent to be waived,
in accordance with the guidelines set down in the National Statement. For
example:
46
Use of human tissue samples: There are some conditions under which an
HREC may waive the requirement for consent (See National Statement
Section 15.8).
8. DATA MANAGEMENT
The management of data is one aspect of the more general issue of privacy of
information. (See National Statement Section 18 and the Joint NHMRC/AV-CC
Statement and Guidelines on Research Practice Section 2).
General principles
Investigators from the University must inform the Head of School and the HREC
of any breach of confidentiality of data which includes personal information.
Collection of data
The public interest in privacy must be taken into account. This includes both
freedom from unauthorised interference with, or use of, personal information and
also freedom from authorised practices which are unduly embarrassing, intrusive
or prejudicial.
Management of data
Storage of data
47
Computer-held data
Disposal of data
Investigators must consider whether or not there is a possibility that the findings
of the research project will be published. The University’s Code of Conduct in
Research (Note 2.2) requires that, if research results are published, the data
must be held for a period of at least five years from the date of any publication
which is based on them. If the project is funded under a contract, the data will
need to be kept for seven instead of five years, or for 13 years if the contract is
signed under seal. If the research will not be published, this data does not need
to be retained. Data collected in relation to medical projects normally needs to
be kept for longer periods.
Please note that data containing personal information (eg information which
identifies research subjects) should be destroyed or returned to the original
confidential source as soon as it is no longer necessary for it to be retained.
Use of data
The originating institution of the research normally has liability policies which
provide indemnity to the institution in the event of negligence being proved
against it. This is the only cover that the institution normally has for research
subjects. It is possible, therefore, that a research subject may be injured but not
have any legal entitlement to compensation.
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Appendix C: Clinical Trials
Participation in clinical trials must be approved by the Ethics Committees.
Registered drugs: Some trials are based on registered drugs, often comparing
the efficacy of different combinations of drugs. Many of the trials coordinated by
the Australia Leukaemia Foundation, for example, are of this type.
Clinical trials of unregistered drugs are conducted under the CTN or CTX
Schemes, administered by the Therapeutic Goods Administration’s Drug
Evaluation Branch.
Under these schemes, Ethics Committees are responsible for ensuring that the
rationale, experimental plan and safety of proposed trials have been adequately
evaluated, and that previously conducted drug evaluations are acceptable.
Under the CTN Scheme, information on safety and toxicity is provided by the
investigator and evaluated by the Ethics Committee. The CTN Scheme is used
mainly for:
Under the CTX Scheme, summary data is initially reviewed by the TGA. The CTX
route is used mainly for a new product at an early stage of development. Ethics
Committee approval is required.
This is normally used for drugs that may be registered in other countries but not
in Australia, whether because of low occurrence of medical conditions that it
treats or where drugs marketed elsewhere contain a similar makeup of the drug,
or where supplies of a normally marketed drug are not available in Australia.
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Authorisation allows a medical practitioner to prescribe an unregistered product
containing the named drug without the need to obtain approval from the TGA for
each individual patient.
The SAS Scheme allows individual patients to obtain access to drugs not yet
registered for marketing in Australia. Arrangements vary according to the health
status of the individual. Ethics Committee approval is not required.
The policy for each hospital on unregistered drugs can vary. Researchers need to
contact each hospital to confirm what the policy is and follow the processes
advised.
The Therapeutic Devices Branch of the TGA, under Section 19 of the Therapeutic
Goods Act 1989, administers four schemes which provide access to medical
devices not registered or listed in the Australian Register of Therapeutic Goods
(ARTG).
Medical devices used in clinical trials are subject to either the CTN or the CTE
Scheme. Both schemes require Ethics Committee approval.
Devices obtained under the IPU Scheme are outside the terms of reference of the
IEC.
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APPLICATIONS TO UNDERTAKE CLINICAL TRIALS
Investigators who wish to undertake clinical trials are required to submit the
following documents for consideration by the Ethics Committee.
Application Form
CTN form
Patient/Drug Information
Brochures
Indemnity form
Recruitment posters
If the clinical trial is to be carried out at more than one site, one site needs to be
designated as the administrative site. For example, if the trial is going to be run
at Royal Hobart Hospital and Calvary Hospital, EITHER RHH OR Calvary would
nominate to be the administrative site.
Note:
Trials will only be considered by one Ethics Committee and one Scientific
Committee for scientific validity and safety.
All centres need to have their hospitals review the resourcing for the trials.
This means that each site needs to submit budgets and ‘Approval of
Assistance from Other Department’ forms. Depending on the hospitals, these
forms are reviewed by the Scientific Committees.
The adminstrative site will submit the application to the Ethics Support
Officer. The Ethics Support Officer will then send it to the respective
committees.
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Investigators who wish to undertake clinical trials are required to submit the
following documents for consideration by the Ethics and Scientific Committees.
Application Form
Amendments
Investigator’s brochure 1 electronic and two hard, 1 electronic and two hard,
CTN form signed copies signed copies
Patient/Drug Information
brochures
Indemnity form
Recruitment posters
A site starting a trial that has already been granted approval must submit:
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Clinical Trial Protocol (for 1 electronic and two hard, 1 electronic and two hard,
Scientific Committee) signed copies signed copies
CTN form
Indemnity form
Recruitment posters
Most clinical drug trials are conducted by staff of the private and public hospitals
in Tasmania and are submitted to the Tasmania HREC for approval. (See Section
12, ‘What if my project has already been approved by another HREC?’in the
Handbook.)
However, it is sometimes the case that the trial does not involve hospital
patients, for example when the participants are patients in the investigator’s
private practice. In such cases the investigator must apply to the University
HREC for approval.
an Information Sheet and Consent Form localised for use with the specific
patients who will participate;
full details of the proposed trial – for example, protocol, amendments and
investigator’s brochure;
forms which need HREC approval and signature, for example, a clinical trial
agreement, trial terms agreement, clinical study indemnity form and CTN
form.
The HREC’s procedure is to obtain external technical and clinical advice on the
proposed trial before it considers the application in regard to ethical issues.
Investigators must therefore allow sufficient time for this process to take place.
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IMPORTANCE OF THE RESEARCH
It can be argued that some student projects involving children or young people
may not pose an important research question but can be justified on the grounds
that they provide a valuable educational opportunity for student researchers.
In all cases,
(i) Supervisors should ensure that student projects have research value
wherever possible; and
(ii) The research must not be harmful to the children taking part.
ISSUE OF CONSENT
Parents’ consent
Parents’ consent is normally required for studies which involve children and
young people under 18 years of age. However, the investigator can apply to the
HREC for dispensing with written parental consent.
The HREC will make a decision regarding the necessity of parents’ consent after
taking into account the following:
The age and maturity of the subjects – are the subjects mature teenagers?
Investigators must also bear in mind that some schools require parents’ consent
for all health & medical and social science research projects.
The consent of subjects is required provided that the subjects are of an age
where their willingness to participate can be ascertained. Verbal consent is
sometimes appropriate.
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1. USE OF ROUTINE BLOOD AND TISSUE SAMPLES FOR RESEARCH
A discussion paper prepared by Dr Rob Loblay for the Royal Prince Alfred Hospital
(Sydney) Human Ethics Committee provides useful guidelines. The discussion
paper is reproduced below.
Introduction
Samples of tissue, blood and other body fluids collected from patients are
used for research in a variety of circumstances:
(b) samples collected for routine diagnosis and/or treatment, and also used
for a concurrent research project;
(c) samples collected for routine diagnosis, stored, and retrieved at a later
date for research not envisaged at the time of collection.
Ethical questions
3. Whose legal property are stored specimens and who should have
access to results? In some circumstances tissues or genetic material
could have potential for commercial exploitation, and this may become
an important issue in certain cases.
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Issues to be considered
(i)Type of sample:
Serum
microscopic examination
biochemical analysis
immunoassay
genetic typing
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Discussion
It has not always been normal practice to seek Ethics Committee approval
for such research, and informed consent is rarely (if ever) obtained at
present. In discussing the possible need for approval and/or consent, the
following factors need consideration:
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(iii) Use of routine specimens for a concurrent research project
Whether there are major logistic difficulties which might render the
project impracticable.
The Human Tissue Act (NSW 1983, Section 31) permits the use of post-
mortem tissue specimens for ‘scientific purposes’ without the need for
further consent from the next of kin. Such tissues are presumably
considered state property.
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Recommendations
• type of tissue/specimen;
Informed consent would not normally be required for projects which are
primarily quality assurance (eg. laboratory quality control, setting of
reference ranges etc.).
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Examples
A patient with rheumatoid arthritis has had a routine biopsy taken of a skin
lesion for diagnostic purposes, and the histopathology specimen is stored. It
is retrieved five years later for a research project. Consider the following
circumstances:
2. Stored blocks are retrieved, recut and stained with a new method being
tried because of its increased diagnostic sensitivity and specificity in
detecting vasculitis.
4. DNA is extracted from stored tissue, and particular genes are amplified
and sequenced in order to determine the genetic basis of susceptibility
to rheumatoid arthritis.
5. The suspect gene is cloned and microinjected into fertilized mouse ova
in order to create transgenic animals susceptible to rheumatoid
arthritis.
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6. The same gene is engineered into an expression vector, and the gene
product is commercially developed as part of a diagnostic kit for
screening individuals at risk.
REGISTRATION OF PREMISES
Under Section 20 of the Human Tissue Act 1985, blood can be removed at a
hospital and at premises or in a vehicle used by the Australian Red Cross, or by
another body approved by the Minister.
Introduction
When blood or other body fluid sampling (with the exception of urine, faeces,
semen and saliva) is carried out it must be by people who have been trained and
who hold a certificate of competence. The project’s chief investigator must
accept responsibility for ensuring that staff carrying out the tissue
sampling are certified.
The chief investigator, although not necessarily directly involved in taking the
blood, is nevertheless responsible for the consequences of the blood being taken
and is responsible for the supervision of the best code of practice.
Wearing gloves for all invasive and sampling procedures should be routine. It is
recognised that loss of tactile sensation with gloves could make blood-taking
difficult. In the case of blood-taking, students and technicians must be trained in
identifying the correct circumstances in which to wear gloves.
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Routine procedures
At all times personnel must have access to gloves and plastic aprons when there
is the possibility of direct contact with blood/body fluids or body substances.
Holed or torn gloves must be changed before handling is continued.
Facial protection must be used in cases where splashing of human body fluids is
possible.
Human tissue
The investigator must place all material in a bio-hazard container before he/she
leaves the laboratory. Hands must be thoroughly washed.
Sharps must be disposed of into a sharps container as soon as possible after use.
All personnel are responsible for the disposal of their own sharps/needles.
Anyone who, through a sharps injury, has been exposed to blood or body fluids
must contact the Department of Emergency Medicine (Casualty) in the Royal
Hobart Hospital or the Launceston General Hospital. The staff of the Department
of Emergency Medicine will take the appropriate course of action.
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Procedure for the disposal of all blood or body fluids and substances
All blood or body fluids and tissue with the exception of urine must be disposed
of in a secure manner which means in a container with the appropriate bio-
hazard warnings on the outside of the container.
Note: There are special requirements for foetal tissues. These are not covered in
this handbook.
Any area in which blood or body fluids, with the exception of urine, is to be taken
should conform with the following requirements:
It must be well lit, and clean and uncluttered with other material.
There must be a bed or couch upon which the donor can lie. This avoids the
possibility of injury arising in the event of fainting.
Summary
Blood and other body fluids (except urine, faeces, semen and saliva) should be
taken by trained people and responsibility accepted by a registered medical
practitioner.
The best practice for all sampling procedure must be used at all times.
Many projects utilise patients’ records. All such projects must be submitted to the
Ethics Committee for approval.
For some projects researchers require access only to records from which data
that identifies individual patients has been stripped. For other projects identifying
information is required. The Committee considers each application individually
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while recognising the importance of maintaining the confidentiality of patients’
records.
Subjects’ consent should generally be obtained for the use of their records for
research purposes, but the Committee may waive this requirement in
accordance with NHMRC Statement on Human Experimentation and
Supplementary Notes, Note 6(7)):
In cases where the chief investigator is not associated with the Royal Hobart
Hospital he/she will be required to sign a statement regarding the confidentiality
of patients’ records.
Section 17.1 in the National Statement states that, ‘as a general principle,
deception of, concealment of the purposes of a study from, or covert observation
of, identifiable participants are not considered ethical because they are contrary
to the principle of respect for persons in that free and fully informed consent
cannot be given’.
Section 17.2 states that in some fields of research there may be exceptional
circumstances where such studies are acceptable.
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Appendix G: Research involving Aboriginal and Torres Strait
Islanders
Any researcher involving Aboriginal and Torres Strait Islanders as the target of
their research are required to abide by the following guidelines and demonstrate
that they have addressed the issues therein:
Ethics Committees under the HREC (Tasmania) Network and review of studies that
specifically target Aboriginal and Torres Strait Islander people
The Committees do, however, have a policy relating to projects that specifically
involve Aboriginal and Torres Strait Islander peoples. The Committee may adopt any
or a combination of the following in reviewing said applications:
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