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Section 4 - National Cancer Screening Register Act 2016 - Definitions | Zoe

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National Cancer Screening Register Act 2016

4Definitions

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4 Definitions

In this Act:

approved form means a form approved under subsection 25(1).

child protection officer means an officer or employee of a State or Territory, or of a State or Territory authority, who has functions, powers or duties in relation to the care, protection or welfare of children.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

claims information means information about:

(a) claims for medicare benefit under Part II of the Health Insurance Act 1973; or
(b) treatment, other than information that relates to compensation or benefits, provided under any of the following Acts:
(i) the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006;
(ii) the Military Rehabilitation and Compensation Act 2004;
(iii) the Safety, Rehabilitation and Compensation Act 1988;
(iiia) the Treatment Benefits (Special Access) Act 2019;
(iv) the Veterans’ Entitlements Act 1986.

commercial‑in‑confidence has the meaning given by section 5.

contracted service provider has the meaning given by subsection 22A(10).

designated cancer means one of the following types of cancer:

(a) bowel cancer;
(b) cervical cancer;
(c) lung cancer.

enforcement body has the same meaning as in the Privacy Act 1988.

entity means:

(a) a person; or
(b) a partnership; or
(c) any other unincorporated association or body; or
(d) a trust; or
(e) a part of another entity (under a previous application of this definition).

healthcare means health service within the meaning of subsection 6(1) of the Privacy Act 1988.

healthcare provider means:

(a) an individual healthcare provider; or
(b) a healthcare provider organisation.

healthcare provider organisation means an entity that has conducted, conducts, or will conduct, an enterprise that provides healthcare (including healthcare provided free of charge).

Note: Because of paragraph (e) of the definition of entity, a healthcare provider organisation could be part of an entity.

(a) has provided, provides, or is to provide, healthcare; or
(b) is registered by a registration authority as a member of a particular health profession.

(a) the individual’s name, address, contact details, date of birth and gender;
(b) the individual’s healthcare identifier (within the meaning of the Healthcare Identifiers Act 2010) if any;
(c) the individual’s medicare number (within the meaning of Part VII of the National Health Act 1953) if any;
(d) the number allocated to the individual by the Veterans’ Affairs Department if any;
(e) if applicable, the individual’s date of death;
(f) if the register includes information relating to the individual in connection with screening associated with cervical cancer:
(i) the individual’s sex; and
(ii) the individual’s Human Papillomavirus vaccination status and number of doses of the vaccine administered to the individual;
(g) the individual’s Indigenous status;
(h) the individual’s country of origin or cultural identity;
(i) the individual’s preferred language and whether an interpreter is required to facilitate communication with the individual;
(j) the name and contact details of a personal representative of the individual if any;
(k) if applicable, information on assistance required by the individual for the purposes of this Act because of a medical condition or disability;
(l) any other information of a kind relevant to the purposes of the register and prescribed by the rules for the purposes of this definition.

(a) a parent or guardian of the individual, if the individual is incapable of managing his or her health affairs; or
(b) a trustee of an estate of the individual, if the individual is under a legal disability; or
(c) a person who holds an enduring power of attorney granted by the individual; or
(d) a person nominated by the individual for the purpose of managing the individual’s affairs in relation to screening associated with a designated cancer.

(a) a registration authority; or
(b) the Health Care Complaints Commission established by the Health Care Complaints Act 1993 (NSW); or
(c) the Health Ombudsman appointed under the Health Ombudsman Act 2013 (Qld); or
(d) any other authority that is responsible for investigating complaints about the professional conduct of individual healthcare providers.

(a) included in the register or otherwise obtained under, or in accordance with, this Act; or
(b) derived from a record of information that was included in the register or was otherwise obtained under, or in accordance with, this Act; or
(c) derived from a disclosure or use of information that was included in the register or was otherwise obtained under, or in accordance with, this Act.

(a) a designated cancer or a precursor to a designated cancer; or
(b) any indicator, including genetic markers or cell abnormalities, that may lead to a designated cancer.