135ABAAuthorisations—dealings with certain information relating to pharmaceutical benefits for program integrity etc.

135ABA Authorisations—dealings with certain information relating to pharmaceutical benefits for program integrity etc.

(1) This section applies to information that: (a) relates to a person; and (b) is held by an agency (whether or not the information was obtained by that agency, or any other agency, after the commencement of this section); and (c) is any of the following: (i) information obtained by the agency, or any other agency, in connection with a claim for payment of a benefit under the Pharmaceutical Benefits Program; (ii) information obtained by the agency, or any other agency, in connection with a supply of a pharmaceutical benefit; (iii) information relating to a person’s eligibility or entitlement to receive a pharmaceutical benefit, to receive payment in respect of the supply of a pharmaceutical benefit or to be paid a benefit under the Pharmaceutical Benefits Program. Authorised collection, use and disclosure of information (2) Information to which this section applies may be collected, used or disclosed for one or more of the purposes specified in subsection (3) in any of the following circumstances: (a) the disclosure is by an officer (within the meaning of section 135A) to an entrusted public official; (b) the collection, use or disclosure is by an entrusted public official; (c) if the information was previously disclosed to a person (the recipient) by an entrusted public official: (i) the disclosure of the information is by the recipient to an entrusted public official; or (ii) the use of the information is by the recipient for the purpose for which it was previously disclosed; or (iii) the disclosure of the information is by the recipient to any other person for the purpose for which it was previously disclosed.

Note 1: Collection, use or disclosure authorised by this subsection is not prohibited by subsection 135A(1) (see subsection 135A(1A)).

Note 2: This subsection also constitutes an authorisation for the purposes of other laws, such as the Privacy Act 1988.

(3) The collection, use or disclosure is authorised if it is for one or more of the following purposes: (a) the integrity or sustainability of a medicare program; (b) the protection of a person from a risk arising from, or in connection with, the provision of a benefit or service under a medicare program; (c) statistical analysis; (d) medical research; (e) research and development in relation to health, disability or aged care; (f) development, analysis, administration and review of, and reporting related to, government policy and programs in relation to health, disability or aged care; (g) a disclosure of information that is required or authorised under an Australian law.

Note 1: For paragraph (a), section 135ACC extends the meaning of the integrity or sustainability of a medicare program.