It is an omnibus statute that amends, and in a few cases repeals, provisions across many Commonwealth Acts to achieve a set of discrete regulatory and administrative changes. The changes are collected into five Schedules addressing: (1) a “tell us once” approach and health identifier reforms; (2) access to services and program technical fixes (childcare subsidy wording, diagnostic imaging timeframes, pharmacy approvals, Medicare integrity); (3) burden‑reduction measures (minor technical fixes, digital identity for marriage notices, offshore information sharing); (4) efficiency and productivity measures (delegation rules, NBN mapping publication, fuel security powers, energy performance); and (5) other technical and social security refinements (renaming pension loans, CPI indexation changes, home equity access rules, employment income attribution rules).
The Act: (a) authorises and clarifies new modes of information collection, use and sharing between agencies (notably across health, Medicare, Centrelink and child support systems); (b) expands or clarifies who may handle health identifiers, creates a national Healthcare Provider Directory, and creates a new statutory power for the Secretary to make data standards about clinical and health data (Part 5AA of the Healthcare Identifiers Act 2010; see s31AC–31AD); (c) extends authorised disclosures of Medicare‑related information for program integrity, research and statistical purposes and creates related offences and public‑interest disclosure pathways (see insertions into the Dental Benefits Act 2008, Health Insurance Act 1973 and National Health Act 1953 — e.g. new sections such as 129B in the Health Insurance Act 1973 and 135ABA in the National Health Act 1953); (d) permits certain health technology providers (digital services) to collect/use/disclose healthcare identifiers subject to consent and permitted purposes (see new Division 2A, sections 20A–20D of the Healthcare Identifiers Act 2010; staged commencement 1 February 2027 for some items); (e) creates temporary fuel‑stock reduction powers and stronger information‑gathering powers for fuel market disruption, including civil penalties (see new s16A of the Fuel Security Act 2021 and ss13E–13H of the Petroleum and Other Fuels Reporting Act 2017); (f) makes many sector‑specific operational changes — e.g. enabling digital identity for marriage notices (Marriage Act 1961 amendment), removing a private health insurance rounding trap (Private Health Insurance Act 2007), and strengthening pharmacy approval suspension/review processes (National Health Act 1953 inserts s94A–94B).
The Regulatory Reform Omnibus Act 2025 amends 13 Acts and repeals two redundant statutes to implement a suite of regulatory simplifications. Schedule 1 introduces a 'tell us once' framework. Part 1 removes barriers to digital evidence of Australian citizenship by amending the Australian Citizenship Act 2007 and Electronic Transactions Act 1999 so that electronic notices satisfy evidence requirements where physical form is not mandated. Part 2 expands the Healthcare Identifiers Act 2010 to create a Healthcare Provider Directory Operator, authorise subcontracted service providers and health technology providers to handle identifiers, establish data standards, and extend authorisations under the My Health Records Act 2012 and Australian Immunisation Register Act 2015. Part 3 simplifies information sharing across the A New Tax System (Family Assistance) (Administration) Act 1999, Child Support Acts, Paid Parental Leave Act 2010, Social Security (Administration) Act 1999 and Student Assistance Act 1973 by repealing restrictive provisions and inserting explicit authorisations for centrelink and medicare programs. Part 4 improves transfer arrangements between payment types under the Social Security (Administration) Act 1999 by allowing the Secretary to treat prior eligibility findings as satisfied. Part 5 simplifies re-issue of non-income tested Commonwealth seniors health cards under the Social Security Act 1991, Social Security (Administration) Act 1999 and Veterans' Entitlements Act 1986. Schedule 2 improves access to services. It renames Additional Child Care Subsidy (child wellbeing) language, extends diagnostic imaging timeframes from seven to 14 days in the Health Insurance Act 1973, addresses non-operational pathology collection centres, strengthens pharmacy approval integrity through suspension and cancellation powers in the National Health Act 1953, and authorises broader Medicare integrity information sharing across the Dental Benefits Act 2008, Health Insurance Act 1973 and National Health Act 1953. Schedule 3 reduces regulatory burden by protecting private health insurers from rounding technicalities in the Private Health Insurance Act 2007, permitting digital identity verification for marriages under the Marriage Act 1961, and enhancing information sharing for offshore petroleum and greenhouse gas storage regulators. Schedule 4 increases efficiency through expanded ACMA and Woomera delegation powers, repeal of the Cockatoo and Schnapper Islands Act 1949 and Early Years Quality Fund Special Account Act 2013, continued public availability of NBN Co mapping data, temporary fuel stock reductions under the Fuel Security Act 2021, expanded reporting of diesel exhaust fluid and technical grade urea, new information-gathering powers during fuel disruptions, and energy performance considerations in the Greenhouse and Energy Minimum Standards Act 2012. It also aligns CPI rounding and indexation methodologies and extends home equity access scheme qualification rules across social security and veterans' legislation. Schedule 5 makes technical corrections, renames the pension loans scheme to the home equity access scheme throughout the Social Security Act 1991 and Veterans' Entitlements Act 1986, and introduces continuing attribution rules for employment income when recipients move between payments.
Official source available
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
Amends: 13 Acts to provide for a ‘tell us once’ approach to support the sharing and use of information provided to various government agencies, including Services Australia; the A New Tax System (Family Assistance) Act 1999 and A New Tax System (Family Assistance) (Administration) Act 1999 to amend the language used for the Additional Child Care Subsidy (child wellbeing) payment; the Health Insurance Act 1973, National Health Act 1953 and Dental Benefits Act 2008 to amend regulatory settings around certain health care services; the Private Health Insurance Act 2007 to remove the risk of unintentional non-compliance by a private health insurer due to a rounding technicality; the Marriage Act 1961 to allow marriage celebrants to accept digital forms of identity verification; the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to enable petroleum and environmental regulators to share certain information; the Australian Communications and Media Authority Act 2005 and Defence Act 1903 to expand certain delegation powers; the National Broadband Network Companies Act 2011 to enable NBN Co mapping data to continue to be made publicly available; the Fuel Security Act 2012, Petroleum and Other Fuels Reporting Act 2017 and Liquid Fuel Emergency Act 1984 to enable the Government to respond to potential shortages of critical fuels; the Greenhouse and Energy Minimum Standards Act 2012 to include the consideration of energy performance; and the Social Security Act 1991, Military Rehabilitation and Compensation Act 2004 and Veterans’ Entitlements Act 1986 to: provide for consistency in relation to certain social security benefits; and make minor or technical amendments. Also repeals the Cockatoo and Schnapper Islands Act 1949 and Early Years Quality Fund Special Account Act 2013.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
08 Oct 2025
Second reading moved
08 Oct 2025
Second reading debate
03 Nov 2025
Second reading debate
04 Nov 2025
Second reading agreed to
04 Nov 2025
Consideration in detail debate
Amendment details: 1 Government agreed to
Who is affected
Federal agencies and Ministers: gain expanded information‑sharing, delegated powers and new rule‑making authorities (e.g. Secretary powers to make data standards, Ministers’ temporary fuel reduction powers).
Health sector actors: hospitals, individual healthcare providers, pharmacists, pathology authorities, private health insurers, My Health Record participants and health technology providers. These entities face new permissions, obligations, and compliance pathways related to healthcare identifiers, the Healthcare Provider Directory, and authorised use/disclosure regimes (Healthcare Identifiers Act 2010, My Health Records Act 2012, Health Insurance Act 1973, National Health Act 1953, Dental Benefits Act 2008).
Recipients of Commonwealth benefits and services: people using childcare, social security, veterans’ payments, home equity access schemes, and Medicare services — some eligibility rules and administrative processes are simplified or clarified (see Social Security Act 1991 and related amendments, and Schedule 2 changes to childcare subsidy wording).
Private sector participants in fuel and petroleum markets: given new information‑gathering notices and civil penalties (Petroleum and Other Fuels Reporting Act 2017, ss13E–13H).
Digital/tech providers that handle health communications: newly identified and regulated as "health technology providers" with specified permitted purposes and consent rules (Healthcare Identifiers Act 2010, new Division 2A).
Why it matters (claimed purpose and practical effects)
Official rationale (as claimed in the Explanatory Memorandum): reduce unnecessary regulatory barriers, enable a ‘tell us once’ user experience for government services, improve program integrity (especially Medicare), increase efficiency in delegated decision‑making, protect fuel supply, and modernise technical rules (digital identity, data standards).
Testing the claim against trade‑offs and implementation mechanics:
Information sharing and data standards (Healthcare Identifiers Act, new s31AC) centralise clinical data interoperability work in the Secretary’s office. That should reduce technical fragmentation, but it vests substantial rule‑making and standard‑setting power outside the parliamentary instrument process because the data standards are explicitly not legislative instruments (s31AC(6) and s31AD). This accelerates technical change but reduces formal parliamentary oversight; it increases dependence on departmental processes for consultation and approval (see s31AC(2)–(5)).
Expanded authorised disclosures for Medicare and related programs (new ss129B, 129C, 129D, 129E etc. in the Health Insurance Act 1973) broaden lawful downstream uses of protected information for program integrity, research and statistical purposes, and create exceptions to prior limits on disclosure. That lowers administrative friction for inter‑agency investigations and research, but increases the volume and pathways through which personal health and payment data can be reused. The statutory text contains some limits (consent requirements for research in some contexts, and prohibitions on certain Professional Services Review disclosures), but the new regime introduces greater discretion for authorised officials and creates compliance obligations for recipients (see ss129B(2)–(5)).
Health technology providers are authorised to handle identifiers only for “permitted health technology purposes” and subject to consent (new Division 2A, s20C). This opens a new class of private digital services to integrate with health systems. It creates opportunities (innovation, competition) but also risks: increased attack surface for identifiers, need for compliance systems by private tech providers, and potential liability/penalty exposures if misuse occurs.
The fuel and petroleum information‑gathering powers (ss13E–13H) create enforceable notice powers and civil penalties (250–300 penalty units) to require disclosure in supply‑disruption scenarios. That improves government capacity to monitor markets but imposes disclosure and record‑keeping burdens on industry, with continuing penalties for non‑compliance (including daily continuing penalties).
The Act creates several new offences and civil penalties (e.g. My Health Records new prohibition s59A(1A) with 1,500 penalty units) and anti‑disclosure provisions (various amendments across Health, Dental and National Health Acts). These strengthen deterrence but increase legal risk for practitioners and private entities handling health records.
Several delegation and authorisation changes (ACMA delegation limits, Defence Act delegations to Secretary, Secretary’s delegation for data standards s36F) aim to speed operational decision‑making. They also place more substantive rule‑making judgment with senior executives and Ministers, sometimes subject to only administrative or legislative instrument‑level oversight rather than primary legislation.
Who pays, who decides, and what behaviour changes
Who pays: compliance and IT costs will fall largely on health providers, health technology firms, pathology authorities, private fuel industry participants, and some private businesses that receive regulated Commonwealth data. Government agencies incur implementation and oversight costs (data standard publication, consultation, new functions). Individuals who interact with services may experience faster interactions (tell‑us‑once), but may bear indirect privacy risk if disclosure paths expand.
Who decides: Ministers and Secretaries obtain expanded powers (Minister may make temporary fuel reductions s16A; Secretary may make data standards s31AC and delegate functions s36F). Senior agency officials and authorised officials (entrusted public officials defined and expanded in the Health, Dental and National Health Acts) hold decision authority over disclosures and uses.
Behavioural changes expected: agencies will share more information for program integrity, researchers and authorised recipients will have clearer statutory bases for accessing Medicare and pharmaceutical data, health tech vendors will seek to integrate with identifier services under consent regimes, and fuel industry participants must be prepared to comply with urgent information notices.
Implementation risks and compliance burdens
Staged commencement (multiple items start at different dates; some begin day after Royal Assent, others 1 Feb 2027 or 1 July 2026) creates sequencing risk for IT, provider readiness and regulation drafting.
Data standards are not legislative instruments and rely on departmental consultation/determinations (s31AC(6), s31AE). That lowers formal scrutiny and may create uncertainty for regulated parties until standards are published.
The expansion of authorised disclosure pathways increases the need for governance, secure data handling and auditing at receiving agencies and private recipients; enforcement mechanisms (civil and criminal penalties) increase legal exposure.
Private entities (health technology providers, regulated petroleum entities) face new registration, consent‑handling and reporting obligations; penalties for false or misleading responses to notices are significant.
Examples of concrete provisions to note
Healthcare Provider Directory: new duties and authorisation to collect and disclose provider details (Healthcare Identifiers Act 2010, substituted s31 and new ss31AA–31AF).
Health technology providers: new defined class and permitted actions subject to consent (Healthcare Identifiers Act 2010, new ss20A–20D; staged start 1 Feb 2027 for Division 4).
Data standards: Secretary may make clinical data standards; standards are not legislative instruments and must be published online (ss31AC–31AD).
Medicare information sharing: broad authorised uses/disclosures added to the Health Insurance Act 1973 (e.g. s129B) and related National Health Act 1953/National Health changes (e.g. s135ABA), with specified limits for research and professional review material.
Fuel market powers: Ministerial temporary reduction power (Fuel Security Act s16A) and Secretary’s information notices with civil penalties (Petroleum and Other Fuels Reporting Act ss13E–13H).
(If you want, I can produce a one‑page checklist of immediate compliance actions for: (a) health service providers and health tech vendors; (b) Medicare‑linked organisations; and (c) fuel importers/reporting entities.)
Main concepts
The central concept is 'tell us once', which removes duplicate information requests by authorising secure sharing of data already held by Services Australia, the Child Support Agency and Medicare. Healthcare identifiers are expanded through a new Healthcare Provider Directory, recognition of subcontracted IT and health information management providers, and permissions for health technology providers to collect, use and disclose identifiers with consent for permitted purposes. Data standards made by the Secretary will govern format, interoperability and terminology for clinical information. Information sharing authorisations now explicitly cover centrelink programs, medicare programs and integrity purposes, replacing earlier prohibitions. Eligibility continuity rules allow the Secretary to treat prior satisfaction of identical requirements as continuing when a person transfers between income support payments or applies for a concession card. The home equity access scheme replaces the former pension loans scheme, with new rules preventing dual participation and automatic cessation when a person begins receiving a service pension or income support supplement. Fuel security measures introduce temporary stock reduction powers and broader information gathering during supply disruptions. Pharmacy approval integrity is strengthened by linking state registration suspensions to Commonwealth approval suspensions and expanding cancellation grounds. Privacy protections are maintained through consent requirements, data minimisation principles, and specific exemptions for Professional Services Review material. Commencement is staggered, with most provisions operating from 5 December 2025, while child care subsidy changes and certain fuel reporting amendments commence on 1 July 2026 or later.
Who it affects
Australian citizens applying for evidence of citizenship can now use digital channels without separate physical notice requirements. Healthcare providers, health technology companies, subcontracted service providers and health administration entities gain expanded rights to handle healthcare identifiers and My Health Record information for communication and care coordination. Families receiving family assistance, child support, paid parental leave or social security payments benefit from reduced duplicate reporting when moving between programs. Parents of children in need of wellbeing support access the Additional Child Care Subsidy under updated terminology that emphasises support needs rather than risk. Diagnostic imaging providers have longer timeframes to complete services. Approved pathology collection centres face new operational accessibility tests. Pharmacists and pharmacy authorities are subject to enhanced suspension and cancellation processes linked to state registration status. Private health insurers avoid technical non-compliance from rounding calculations. Marriage celebrants may accept prescribed digital identity documents. Offshore petroleum titleholders and greenhouse gas storage operators face expanded information sharing obligations with NOPSEMA and other agencies during incidents. NBN Co mapping data remains publicly available. Fuel industry participants must report additional products and respond to new information requests during disruptions. Energy efficiency regulators consider performance standards. Recipients of age pension, disability support pension, carer payment and veterans' payments gain clearer access to the renamed home equity access scheme and consistent rent assistance rounding. Social security recipients moving between payments retain attributed employment income treatment. Government agencies including Services Australia, the Department of Health, NOPSEMA, ACMA and the Department of Defence receive new delegation, information sharing and enforcement tools.
What people will want to know
Citizens will want to know whether they still need to supply the same documents to multiple agencies. The Act authorises Services Australia to share information already provided for family assistance, child support or social security with Medicare and vice versa, reducing repeat requests. Parents seeking Additional Child Care Subsidy for a child in need of wellbeing support should note the terminology change from 'at risk of serious abuse or neglect' and the continuation of existing certificates and determinations. Individuals transferring from one income support payment to another will benefit from the Secretary treating prior eligibility findings as satisfied where requirements are identical. Seniors health card holders no longer need to re-claim when a card is re-issued after a gap. Healthcare providers should understand new obligations and permissions around the Healthcare Provider Directory and health technology provider authorisations, including consent requirements and the ability to opt out of directory disclosure. Pharmacists facing state registration suspension should expect parallel Commonwealth approval suspension processes with 28-day submission rights and review by the Administrative Review Tribunal. People considering the home equity access scheme must confirm they are not already participating under the other Act and understand automatic cessation rules when they start receiving a service pension. Fuel wholesalers and retailers should prepare for reporting of diesel exhaust fluid and technical grade urea and possible information requests during supply disruptions. Marriage celebrants can accept digital identity documents once regulations prescribe the acceptable forms. All affected parties should check the Federal Register of Legislation for the precise commencement date applicable to each schedule item.
Status and what happens next
The bill received royal assent on 4 December 2025 and is now the Regulatory Reform Omnibus Act 2025, Act No. 73 of 2025. Most provisions in Schedules 1, 3, 4 (Parts 1-4 and 6) and 5 commenced on 5 December 2025. Schedule 1 Part 2 Division 4 commences on 1 February 2027. Schedule 2 Parts 1 and 2 commence on 1 July 2026 or the day after the end of six months from assent, whichever is later. Schedule 4 Part 5 Division 2 commences on 1 July 2026. Schedule 4 Part 7 Division 7 commences on 19 March 2026 provided assent occurred before that date. The Act is available on the Federal Register of Legislation. Agencies must update systems, guidance and forms to reflect new authorisations, terminology and processes. The Secretary of the Department of Health will consult the Health Chief Executives Forum before making data standards. Regulations will be required for the Healthcare Provider Directory, health technology provider rules, digital marriage identity documents and fuel reporting. The Australian Communications and Media Authority and Defence Department will exercise expanded delegation powers. NOPSEMA and the Titles Administrator will implement new information sharing protocols for incident response. Services Australia will operationalise the simplified transfer and seniors card re-issue processes. No further parliamentary stages are required. Stakeholders should monitor legislative instruments and agency guidance for detailed operational requirements.
Powers, duties and rights created
The Act creates multiple new authorisations. The Healthcare Provider Directory Operator must establish and maintain the directory, may collect and disclose professional details, and must comply with opt-out requests from identified healthcare providers. The Secretary may make data standards about health information format, storage, interoperability and terminology after consulting the Health Chief Executives Forum. Health technology providers receive express collection, use and disclosure permissions for consented permitted purposes. The Secretary of the Department of Social Services may determine that a person is taken to have claimed a new payment when transferring from another and may treat prior eligibility findings as continuing. The Minister may reduce fuel stock obligations by legislative instrument for up to six months where necessary to meet international obligations or alleviate supply disruptions. The Secretary may require regulated entities to provide fuel market information or documents during significant disruptions, with civil penalty consequences for non-compliance. The Secretary may suspend a pharmacist's approval where state registration is suspended, after 28 days' notice and consideration of submissions. The Director of Professional Services Review may disclose information to professional bodies and for integrity or patient safety purposes. The Titles Administrator and responsible Commonwealth Minister may share offshore information and samples with other agencies for incident response, subject to conditions. The ACMA and Defence Secretary gain broader delegation powers for notices and instruments. Citizens gain rights to digital citizenship evidence, simplified card re-issue without new claims, and continued home equity access scheme participation across Acts. Privacy protections include consent requirements, data minimisation obligations and specific exclusions for Professional Services Review material.
Money, penalties and enforcement
Civil penalties are introduced or extended in several areas. Using My Health Record information obtained outside the system for a prohibited purpose attracts a civil penalty of 1,500 penalty units. Failure to comply with a fuel information notice under the new section 13E of the Petroleum and Other Fuels Reporting Act 2017 carries a civil penalty of 250 penalty units, rising to 25 penalty units per day for continuing contraventions. Providing false or misleading information or documents in response to such a notice carries 300 penalty units. Existing offences for unauthorised disclosure by officers under the Health Insurance Act 1973 and National Health Act 1953 are retained and supplemented by new authorisations that constitute defences. The Act does not appropriate new money but enables efficiency savings through reduced duplicate processing and streamlined approvals. Enforcement of pharmacy approval suspensions and cancellations may be reviewed by the Administrative Review Tribunal. Conditions may be imposed on recipients of shared offshore or fuel information, with enforcement through existing regulatory frameworks. No new criminal penalties are created beyond existing false statement offences in the Criminal Code that apply to the new information-gathering powers.
Pressure points and controversies
The principal policy trade-off lies between expanded information sharing for service efficiency and the protection of personal information. While consent and purpose limitations are retained for healthcare identifiers and My Health Record data, the breadth of new authorisations for centrelink, medicare and integrity purposes increases the volume of data flows across agencies. The creation of a public Healthcare Provider Directory raises questions about professional privacy, although opt-out mechanisms and regulatory controls are provided. Fuel information-gathering powers during disruptions balance market transparency against commercial confidentiality, with five-business-day minimum response times and reasonable excuse defences. Linking state pharmacist registration suspensions directly to Commonwealth approval creates automatic consequences but includes procedural fairness through notice and submission rights. The extension of diagnostic imaging timeframes and pathology centre operational tests may affect service access in regional areas. Renaming the pension loans scheme to the home equity access scheme and aligning cessation rules across Acts reduces complexity but requires clear communication to avoid confusion for existing participants. The repeal of two redundant Acts removes obsolete provisions without substantive policy change. Scrutiny committee reports from the Parliamentary Joint Committee on Human Rights and the Senate Standing Committee for the Scrutiny of Bills examined the bill, focusing on privacy and delegation issues, but the official materials records no specific unresolved concerns. Implementation will require careful calibration of regulations to maintain safeguards while delivering the intended reductions in regulatory burden.
What changes if it passes
With royal assent already granted, the Act is now in force and its provisions are progressively commencing. Citizens and businesses experience immediate reductions in duplicate reporting for government services once agencies update systems. Healthcare providers can utilise the expanded identifier framework and directory from 5 December 2025, with further health technology provider rules applying from 1 February 2027. Families accessing child care subsidies operate under the new wellbeing support terminology from 1 July 2026. Pharmacies and diagnostic imaging services face updated operational and timeframe rules immediately. Fuel industry participants must prepare for additional product reporting and potential information requests. Recipients of social security and veterans' payments benefit from consistent indexation, simplified card re-issue and clearer home equity access scheme rules, with rent assistance rounding changes applying from March 2026. Government agencies operate under expanded delegation and information sharing powers, enabling faster responses to incidents and reduced internal processing. The overall effect is a measurable reduction in regulatory burden, improved data accuracy through single-source collection, and stronger integrity measures in Medicare and pharmacy approvals, while preserving privacy protections and procedural fairness. No further legislative action is required for the core reforms.
Social post angles
Tell us once becomes law: families and businesses will soon supply key information to government only once as new data sharing rules commence from December 2025. Digital citizenship evidence now accepted: Australians can use electronic documents for citizenship proof without needing a separate physical notice. Healthcare providers gain new tools: expanded identifier directory and health technology permissions streamline care coordination while consent remains central. Seniors card re-issue simplified: no new claim required when a Commonwealth seniors health card is re-issued after a gap. Pharmacists face tighter integrity checks: state registration issues can now trigger Commonwealth approval suspension with fair process. Fuel security strengthened: temporary stock reductions and new information powers help manage supply disruptions. Home equity access scheme renamed and aligned: clearer rules prevent dual participation across social security and veterans' payments. Red tape cuts across 13 Acts: omnibus reforms target duplicate reporting, outdated processes and redundant legislation in one package.
04 Nov 2025
Third reading agreed to
04 Nov 2025
Senate
Introduced and read a first time
06 Nov 2025
Second reading moved
06 Nov 2025
Second reading agreed to
27 Nov 2025
Third reading agreed to
27 Nov 2025
Finally passed both Houses
27 Nov 2025
Assent
Act no: 73
Year: 2025
04 Dec 2025
Notes
Documents and transcripts
Text of bill
First reading
Third reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Revised explanatory memorandum
Supplementary explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
House of representatives
Detail - Crossbench
SPENDER, Allegra, MP
Detail - Government [AA104]
Senate
2R - Pauline Hanson's One Nation [sheet 3506]
ROBERTS, Sen Malcolm
CW - Opposition [sheet 3503]
PATERSON, Sen James
CW - Pauline Hanson's One Nation [sheet 3513]
ROBERTS, Sen Malcolm
Schedules of amendments
No documents at present
Notes
Considered by scrutiny committee (29/10/2025): Parliamentary Joint Committee on Human Rights; Report 6 of 2025
Considered by scrutiny committee (29/10/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 6 of 2025
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
An Act to repeal certain Acts and provisions of Acts and to make various amendments of the statute law of the Commonwealth, and for related purposes
Contents
1 Short title 1
2 Commencement 2
3 Schedules 4
Schedule 1,Amendments to support a ‘tell us once’ approach to government service delivery 5
Part 1,Removing barriers to digital evidence of Australian citizenship 5
Division 1,Electronic evidence of citizenship 5
Australian Citizenship Act 2007 5
Electronic Transactions Act 1999 5
Division 2,Applications for evidence of citizenship 6
Australian Citizenship Act 2007 6
Part 2,Enhancing use and adoption of healthcare identifiers 7
Division 1,Healthcare Provider Directory 7
Healthcare Identifiers Act 2010 7
Division 2,Subcontracted service providers 11
Healthcare Identifiers Act 2010 11
Division 3,Health technology providers etc.,amendments commencing day after Royal Assent 14
Healthcare Identifiers Act 2010 14
Division 4,Health technology providers etc,amendments commencing 1 February 2027 15
Healthcare Identifiers Act 2010 15
Division 5,Collection, use and disclosure of healthcare identifiers,providing healthcare to a healthcare recipient 20
Healthcare Identifiers Act 2010 20
Division 6,Data standards 20
Healthcare Identifiers Act 2010 20
Division 7,Connecting with healthcare identifier service 23
Healthcare Identifiers Act 2010 23
Division 8,Meaning of health administration 24
Healthcare Identifiers Act 2010 24
Division 9,Purpose of the Healthcare Identifiers Act 2010 25
Healthcare Identifiers Act 2010 25
Division 10,My Health Records information 26
My Health Records Act 2012 26
Division 11,Extension of authorisations 27
My Health Records Act 2012 27
Division 12,Authorisations for the Australian Immunisation Register Act 2015 28
Australian Immunisation Register Act 2015 28
Part 3,Simplifying information sharing for connected service delivery 30
Division 1,Information sharing amendments 30
A New Tax System (Family Assistance) (Administration) Act 1999 30
Child Support (Assessment) Act 1989 30
Child Support (Registration and Collection) Act 1988 31
Paid Parental Leave Act 2010 31
Social Security (Administration) Act 1999 32
Student Assistance Act 1973 32
Division 2,Disclosure of protected information under the Paid Parental Leave Act 2010 33
Paid Parental Leave Act 2010 33
Part 4,Improving arrangements for transferring customers between payment types 35
Social Security (Administration) Act 1999 35
Part 5,Simplifying re‑issue processes for non‑income tested Commonwealth seniors health cards 40
Social Security Act 1991 40
Social Security (Administration) Act 1999 40
Veterans’ Entitlements Act 1986 41
Schedule 2,Amendments to improve or maintain access to government services 43
Part 1,Removing barriers to accessing additional child care subsidy,child wellbeing 43
A New Tax System (Family Assistance) Act 1999 43
A New Tax System (Family Assistance) (Administration) Act 1999 44
Part 2,Extending timeframes to complete diagnostic imaging services 47
Health Insurance Act 1973 47
Part 3,Addressing non‑operational approved pathology collection centres 48
Health Insurance Act 1973 48
Part 4,Strengthening integrity of the pharmacy approval process 49
Division 1,Main amendments 49
National Health Act 1953 49
Division 2,Application provisions 52
Part 5,Authorising appropriate information sharing to improve the integrity of medicare 54
Dental Benefits Act 2008 54
Health Insurance Act 1973 59
National Health Act 1953 80
Schedule 3,Amendments to reduce regulatory burden 98
Part 1,Removing risk of unintentional non‑compliance for private health insurance 98
Private Health Insurance Act 2007 98
Part 2,Facilitating digital identity verification for marriages 99
Marriage Act 1961 99
Part 3,Strengthening information sharing for more consistent regulatory outcomes 100
Division 1,Main amendments 100
Offshore Petroleum and Greenhouse Gas Storage Act 2006 100
Division 2,Application provisions 113
Schedule 4,Amendments to increase government efficiency and improve productivity 114
Part 1,Increasing efficiency of the Australian Communications and Media Authority 114
Division 1,Delegations relating to notices 114
Australian Communications and Media Authority Act 2005 114
Division 2,Delegations relating to instruments 114
Australian Communications and Media Authority Act 2005 114
Part 2,Promoting consistent delegation powers for Woomera Prohibited Area 117
Defence Act 1903 117
Part 3,Repealing redundant legislation 118
Cockatoo and Schnapper Islands Act 1949 118
Early Years Quality Fund Special Account Act 2013 118
Part 4,Ensuring NBN Co mapping data can continue to be made publicly available 119
National Broadband Network Companies Act 2011 119
Part 5,Improving fuel security 120
Division 1,Temporary reduction power 120
Fuel Security Act 2021 120
Division 2,Meaning of covered product 121
Petroleum and Other Fuels Reporting Act 2017 121
Division 3,Information gathering powers 122
Petroleum and Other Fuels Reporting Act 2017 122
Division 4,Consequential amendments 126
Liquid Fuel Emergency Act 1984 126
Part 6,Improving energy performance 128
Greenhouse and Energy Minimum Standards Act 2012 128
Part 7,Ensuring consistency across social security benefits 129
Division 1,Rounding rule for rent assistance 129
Social Security Act 1991 129
Division 2,CPI methodology for Veteran’s Affairs Legislation 129
Military Rehabilitation and Compensation Act 2004 129
Veterans’ Entitlements Act 1986 130
Division 3,CPI methodology for the Social Security Legislation 131
Social Security Act 1991 131
Division 4,Pension PP (single) qualification extension period 133
Social Security Act 1991 133
Division 5,Accessing home equity access scheme 133
Social Security Act 1991 133
Division 6,Accessing home equity access scheme 136
Veterans’ Entitlements Act 1986 136
Division 7,Veterans’ rent assistance 138
Veterans’ Entitlements Act 1986 138
Schedule 5,Other amendments 141
Part 1,Technical amendments 141
Social Security Act 1991 141
Part 2,Renaming of pension loans scheme 142
Social Security Act 1991 142
Veterans’ Entitlements Act 1986 146
Part 3,Employment income attribution rules for social security payments 150
Social Security Act 1991 150
Regulatory Reform Omnibus Act 2025
No. 73, 2025
An Act to repeal certain Acts and provisions of Acts and to make various amendments of the statute law of the Commonwealth, and for related purposes
[Assented to 4 December 2025]
The Parliament of Australia enacts:
1 Short title
This Act is the Regulatory Reform Omnibus Act 2025.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
Sections 1 to 3 and anything in this Act not elsewhere covered by this table
The day this Act receives the Royal Assent.
4 December 2025
Schedule 1, Part 1
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 1, Part 2, Divisions 1 to 3
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 1, Part 2, Division 4
1 February 2027.
1 February 2027
Schedule 1, Part 2, Divisions 5 to 12
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 1, Parts 3 to 5
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 2, Part 1
The later of:
(a) 1 July 2026; and
(b) the day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent.
1 July 2026
(paragraph (a) applies)
Schedule 2, Part 2
The later of:
(a) 1 July 2026; and
(b) the day after this Act receives the Royal Assent.
1 July 2026
(paragraph (a) applies)
Schedule 2, Parts 3 to 5
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 3
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 4, Parts 1 to 4
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 4, Part 5, Division 1
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 4, Part 5, Division 2
The later of:
(a) 1 July 2026; and
(b) the day after this Act receives the Royal Assent.
1 July 2026
(paragraph (a) applies)
Schedule 4, Part 5, Divisions 3 and 4
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 4, Part 6
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 4, Part 7, Divisions 1 to 6
The day after this Act receives the Royal Assent.
5 December 2025
Schedule 4, Part 7, Division 7
19 March 2026.
However, the provisions do not commence at all if this Act does not receive the Royal Assent before 19 March 2026.
19 March 2026
Schedule 5
The day after this Act receives the Royal Assent.
5 December 2025
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1,Amendments to support a ‘tell us once’ approach to government service delivery
Part 1,Removing barriers to digital evidence of Australian citizenship
Division 1,Electronic evidence of citizenship
Australian Citizenship Act 2007
1 Section 38 (heading)
After “of”, insert “physical”.
2 After paragraph 38(1)(b)
Insert:
and (c) the notice was given to the person in a physical form;
3 Subsection 38(2)
After “section 37”, insert “and the notice was given to the person in a physical form”.
Electronic Transactions Act 1999
4 Subparagraph 2(1)(b)(iii) of Schedule 1
Repeal the subparagraph.
5 Subparagraph 2(1)(b)(iv) of Schedule 1
After “citizenship”, insert “if the notice was given to a person in a physical form”.
6 Application of amendments
The amendments made by this Division apply in relation to the following:
(a) an application for evidence of a person’s Australian citizenship made on or after the commencement of this Division;
(b) an application for evidence of a person’s Australian citizenship made before the commencement of this Division if the Minister had not made a decision on the application before that commencement.
Division 2,Applications for evidence of citizenship
Australian Citizenship Act 2007
7 After subsection 46(1)
Insert:
(1AA) However, paragraphs (1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application:
(a) is made in a manner prescribed by the regulations; and
(b) contains the information prescribed by the regulations.
8 After subsection 46(2A)
Insert:
(2B) However, subsection (2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application:
(a) is made in a manner prescribed under paragraph (1AA)(a) of this section; and
(b) contains the information prescribed under paragraph (1AA)(b) of this section.
9 Application of amendments
The amendments made by this Division apply in relation to an application for evidence of a person’s Australian citizenship made on or after the commencement of this Division.
Part 2,Enhancing use and adoption of healthcare identifiers
Division 1,Healthcare Provider Directory
Healthcare Identifiers Act 2010
10 Subsection 5(1)
Insert:
Healthcare Provider Directory Operator has the meaning given by section 6A.
11 After section 6
Insert:
6A Identity of Healthcare Provider Directory Operator
The Healthcare Provider Directory Operator is:
(a) the service operator; or
(b) if a body established by a law of the Commonwealth is prescribed by the regulations to be the Healthcare Provider Directory Operator,that body.
Note: Section 33 provides that the Minister must consult with the Ministerial Council before making regulations.
12 Subsection 7(1)
After “service operator”, insert “or Healthcare Provider Directory Operator”.
13 Subsection 7(1)
After “service operator’s”, insert “or Healthcare Provider Directory Operator’s (as the case may be)”.
14 Subsection 7(2)
After “service operator”, insert “or Healthcare Provider Directory Operator”.
15 Subsection 7(2)
After “service operator’s”, insert “or Healthcare Provider Directory Operator’s (as the case may be)”.
16 Paragraph 9A(8)(c)
Repeal the paragraph.
17 Subparagraph 9A(8)(e)(iv)
Repeal the subparagraph.
18 Paragraph 9BA(3)(c)
Repeal the paragraph.
19 Subsections 31(1) to (3)
Repeal the subsections, substitute:
(1) The Healthcare Provider Directory Operator must establish and maintain a record (the Healthcare Provider Directory) of the professional and business details of identified healthcare providers.
(2) The purposes of the Healthcare Provider Directory are the following:
(a) to make professional and business details of healthcare providers available to entities that are authorised to access the directory;
(b) to enable communication between entities that are authorised to access the directory and healthcare providers about:
(i) healthcare and support services; and
(ii) health administration;
(c) any other purpose prescribed by the regulations.
(3) Subject to subsection (8), the Healthcare Provider Directory may be kept in any form that the Healthcare Provider Directory Operator considers appropriate.
(3A) The Healthcare Provider Directory Operator is authorised to:
(a) collect and use the following information:
(i) a healthcare identifier of an identified healthcare provider;
(ii) identifying information of an identified healthcare provider;
(iii) professional and business details of an identified healthcare provider;
for the purposes of the Healthcare Provider Directory; and
(b) disclose that information on the Healthcare Provider Directory to the following:
(i) an identified individual healthcare provider;
(ii) an identified healthcare provider organisation;
(iii) a health administration entity;
(iv) an entity prescribed by the regulations;
for the purposes of the Healthcare Provider Directory.
(3B) The service operator is authorised to disclose the following information to the Healthcare Provider Directory Operator for the purposes of the Healthcare Provider Directory:
(a) a healthcare identifier of an identified healthcare provider;
(b) identifying information of an identified healthcare provider;
(c) professional and business details of an identified healthcare provider.
Note: Subsections (3A) and (3B) provide an authorisation for the purposes of the Privacy Act 1988 and other laws.
20 After paragraph 31(4)(a)
Insert:
(aa) for the purpose of health administration; or
21 At the end of section 31
Add:
(5) An identified healthcare provider may request the Healthcare Provider Directory Operator not disclose personal information of the identified healthcare provider on the Healthcare Provider Directory.
(6) A request under subsection (5) must comply with any requirements prescribed by the regulations.
(7) If an identified healthcare provider makes a request under subsection (5), the Healthcare Provider Directory Operator must comply with the request.
(8) The regulations may make provision for, or in relation to, the establishment and maintenance of the Healthcare Provider Directory for the purposes of the Healthcare Provider Directory.
(9) Without limiting subsection (8), the regulations may do the following:
(a) prescribe requirements in relation to the disclosure of information on the Healthcare Provider Directory;
(b) prescribe requirements for the administration of the Healthcare Provider Directory;
(c) prescribe requirements for access to the Healthcare Provider Directory;
(d) prescribe requirements in relation to dealing with requests made under subsection (5).
22 Subsection 31A(1)
Omit “service operator is authorised”, substitute “Healthcare Provider Directory Operator and the service operator are authorised”.
23 Subsection 31A(2)
After “disclose to the”, insert “Healthcare Provider Directory Operator or the”.
24 At the end of Part 5
Add:
31AA Information to be provided to the Healthcare Provider Directory Operator for the purposes of the Healthcare Provider Directory
The regulations may, for the purposes of the Healthcare Provider Directory, require an identified healthcare provider to provide to the Healthcare Provider Directory Operator information that:
(a) relates to the healthcare provider; and
(b) is prescribed by the regulations for the purposes of this section.
25 Application,Healthcare Provider Directory
(1) This item applies if a Healthcare Provider Directory established under subsection 31(1) of the Healthcare Identifiers Act 2010 was in existence immediately before the commencement of this item.
(2) On and after that commencement, the Healthcare Provider Directory exists as if it had been established by the Healthcare Provider Directory Operator under subsection 31(1) of the Healthcare Identifiers Act 2010 as substituted by this Division.
26 Application,use and disclosure of information
The amendments made by this Division of sections 31 and 31A of the Healthcare Identifiers Act 2010 apply in relation to the use and disclosure of information on or after the commencement of this item, whether the information was obtained before, on or after that commencement.
Division 2,Subcontracted service providers
Healthcare Identifiers Act 2010
27 Subsection 5(1)
Insert:
subcontracted service provider, of a healthcare provider, means an entity:
(a) that is a party to a contract (the subcontract) with a contracted service provider for the healthcare provider; and
(b) who is responsible under the subcontract for the provision of:
(i) information technology services relating to the communication of health information; or
(ii) health information management services;
to the healthcare provider, or to the contracted service provider for the healthcare provider.
28 Section 36AA
Omit “or contracted service provider” (wherever occurring), substitute “, contracted service provider or subcontracted service provider”.
29 Division 2 of Part 7 (heading)
After “contractors,”, insert “subcontractors,”.
30 After paragraph 36(b)
Insert:
(baa) a subcontracted service provider of the first entity, if:
(i) the first entity is a healthcare provider; and
(ii) the duties of the subcontracted service provider under a contract with a contracted service provider for the healthcare provider involve implementing that purpose by providing information technology services relating to the communication of health information, or health information management services, to the healthcare provider or to the contracted service provider for the healthcare provider; or
31 After paragraph 36(ba)
Insert:
(bb) a person (the subcontractor) performing services under a contract between the subcontractor and another person (the contractor), if:
(i) the first entity is the My Health Record System Operator or the operator of the National Repositories Service (within the meaning of the My Health Records Act 2012); and
(ii) the first entity has a contract with the contractor; and
(iii) the contract between the subcontractor and the contractor relates to the My Health Record system; or
32 Subparagraph 36(c)(i)
After “(b) applies”, insert “, a subcontracted service provider to which paragraph (baa) applies”.
33 Subparagraph 36(c)(i)
Omit “or of a contractor to which paragraph (ba) applies”, substitute “, a contractor to which paragraph (ba) applies or a subcontractor to which paragraph (bb) applies”.
34 Section 36A (heading)
Omit “and contracted service providers”, substitute “, contracted service providers and subcontracted service providers”.
35 After paragraph 36A(b)
Insert:
(ba) a subcontracted service provider of the healthcare provider, if the duties of the subcontracted service provider under a contract with a contracted service provider for the healthcare provider involve, or are reasonably connected with implementing that purpose by providing:
(i) information technology services relating to the communication of health information; or
(ii) health information management services;
to the healthcare provider or to the contracted service provider for the healthcare provider; or
36 Subparagraph 36A(c)(i)
After “(b) applies”, insert “or of a subcontracted service provider to which paragraph (ba) applies”.
37 Application,contractual relationships
The amendments made by this Division to the Healthcare Identifiers Act 2010 apply to contractual relationships existing on or after the commencement of this item, whether the contract was entered into before, on or after that commencement.
38 Application,use and disclosure of information
The amendments made by this Division to the Healthcare Identifiers Act 2010 apply in relation to the use and disclosure of information on or after the commencement of this item, whether the information was obtained before, on or after that commencement.
Division 3,Health technology providers etc.,amendments commencing day after Royal Assent
Healthcare Identifiers Act 2010
39 After section 15
Insert:
15A Collection, use and disclosure,research
An entity may collect, use or disclose the healthcare identifier of a healthcare recipient if:
(a) the collection, use or disclosure is for the purpose of assisting the entity to conduct research that has been approved by a Human Research Ethics Committee or is authorised by another Australian law; and
(b) the healthcare recipient has consented to the collection, use or disclosure.
40 Section 36AA (after the paragraph beginning “If an entity is authorised to disclose information to a healthcare provider”)
Insert:
Certain authorisations under this Act extend to providers of electronic services.
41 Division 2 of Part 7 (heading)
After “partnerships,”, insert “providers of electronic services,”.
42 Before section 36C
Insert:
36BB Authorisations extending to providers of electronic services
An authorisation under this Act for a healthcare provider, or a health administration entity, to collect, use or disclose information extends to a provider of an electronic service (within the meaning of the Online Safety Act 2021) if the collection, use or disclosure is done by means of the service.
Division 4,Health technology providers etc,amendments commencing 1 February 2027
Healthcare Identifiers Act 2010
43 Subsection 5(1)
Insert:
health technology provider has the meaning given by section 20A.
permitted health technology purpose has the meaning given by section 20B.
44 Section 11 (after the paragraph beginning “A healthcare provider can obtain the healthcare identifier of a healthcare recipient”)
Insert:
A health technology provider can collect, use or disclose the healthcare identifier of a healthcare recipient, or identifying information of the healthcare recipient, in certain circumstances. Other entities can also collect, use or disclose such information in certain circumstances relating to the communication and management of information by health technology providers.
45 After Division 2 of Part 3
Insert:
Division 2A,Health technology providers
20A Meaning of health technology provider
A health technology provider is a provider of an electronic service (within the meaning of the Online Safety Act 2021) the sole or primary purpose of which is to communicate with any or all of the following about healthcare, or support services, that have been, are being or may be received by a healthcare recipient:
(a) the healthcare recipient;
(b) a healthcare provider;
(c) a health administration entity.
20B Meaning of permitted health technology purpose
The permitted health technology purpose, in relation to a health technology provider and a healthcare recipient, is the purpose of assisting the health technology provider to:
(a) communicate with the healthcare recipient, an identified healthcare provider or a health administration entity about healthcare, or support services, that have been, are being or may be received by the healthcare recipient; or
(b) manage or monitor health information about the healthcare recipient for the purposes of communication that is covered by paragraph (a).
20C Collection, use and disclosure,health technology providers
An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
Collection, use and disclosure in relation to health technology providers
Item
Column 1
Entity
Column 2
Permitted action
Column 3
Information
Column 4
Circumstances
1
service operator
collect from a health technology provider
healthcare identifier of a healthcare recipient
identifying information of a healthcare recipient
the collection is for the permitted health technology purpose in relation to the health technology provider and the healthcare recipient, and the healthcare recipient has consented to the collection
2
service operator
use
disclose to a health technology provider
healthcare identifier of a healthcare recipient
the use or disclosure is for the permitted health technology purpose in relation to a health technology provider and the healthcare recipient, and the healthcare recipient has consented to the use or disclosure
3
identified healthcare provider
health administration entity
health technology provider
collect from:
(a) a healthcare recipient; or
(b) a responsible person (within the meaning of the Privacy Act 1988) for the healthcare recipient
use
healthcare identifier of the healthcare recipient
the collection or use is for the permitted health technology purpose in relation to a health technology provider and the healthcare recipient, and the healthcare recipient has consented to the collection or use
4
identified healthcare provider
health administration entity
disclose to a health technology provider
healthcare identifier of a healthcare recipient
identifying information of a healthcare recipient
the disclosure is for the permitted health technology purpose in relation to the health technology provider and the healthcare recipient, and the healthcare recipient has consented to the disclosure
5
responsible person (within the meaning of the Privacy Act 1988) for a healthcare recipient
disclose to:
(a) an identified healthcare provider; or
(b) a health administration entity; or
(c) a health technology provider
healthcare identifier of the healthcare recipient
the disclosure is for the permitted health technology purpose in relation to a health technology provider and the healthcare recipient, and the healthcare recipient has consented to the disclosure
6
health technology provider
collect from:
(a) the service operator; or
(b) a health administration entity; or
(c) an identified healthcare provider
use
healthcare identifier of a healthcare recipient
identifying information of a healthcare recipient
the collection or use is for the permitted health technology purpose in relation to the health technology provider and the healthcare recipient, and the healthcare recipient has consented to the collection or use
7
health technology provider
disclose to:
(a) a health administration entity; or
(b) a healthcare recipient; or
(c) an identified healthcare provider; or
(d) the service operator; or
(e) another entity
healthcare identifier of the healthcare recipient
identifying information of the healthcare recipient
the disclosure is for the permitted health technology purpose in relation to the health technology provider and the healthcare recipient, and the healthcare recipient has consented to the disclosure
8
entity to whom information about a healthcare recipient is disclosed for the permitted health technology purpose in relation to a health technology provider and the healthcare recipient
collect
use
disclose
healthcare identifier of the healthcare recipient
identifying information of the healthcare recipient
the collection, use or disclosure is for the purpose for which the information was disclosed
20D Regulations relating to health technology providers
(1) The regulations may prescribe rules relating to the collection, use or disclosure of healthcare identifiers or other information by health technology providers.
(2) Without limiting subsection (1), the regulations may prescribe rules relating to the retention or destruction of records.
Division 5,Collection, use and disclosure of healthcare identifiers,providing healthcare to a healthcare recipient
Healthcare Identifiers Act 2010
46 Subsection 14(1)
Omit “(1)”.
47 Subsection 14(2)
Repeal the subsection.
Division 6,Data standards
Healthcare Identifiers Act 2010
48 Section 3A
After:
(a) the creation of a Healthcare Provider Directory, to allow healthcare providers to check the professional and business details of healthcare providers; and
insert:
(aa) the making of data standards about health information and other clinical data; and
49 Subsection 5(1)
Insert:
data standard means a data standard made under subsection 31AC(1).
Health Chief Executives Forum has the same meaning as in the My Health Records Act 2012.
Secretary means the Secretary of the Department.
50 Section 31AA
Renumber as section 30A.
51 After Part 5
Insert:
Part 5AA,Data standards
31AB Simplified outline of this Part
The Secretary may make data standards about health information and other clinical data.
31AC Making data standards
(1) The Secretary may, by writing, make, for publication on the internet under section 31AD, one or more data standards about each of the following matters:
(a) the format and description of health information or other clinical data;
(b) the storage and disclosure of health information or other clinical data;
(c) the interoperability of clinical or health information management systems;
(d) health or clinical terminology;
(e) the implementation of data standards;
(f) any other matter prescribed by the regulations for the purposes of this paragraph.
Complying with determinations when making data standards etc.
(2) The Secretary must comply with any determination in force under section 31AE when making a data standard (including a data standard varying or revoking a data standard), including complying with any related requirements specified in such a determination about:
(a) approval; or
(b) consultation; or
(c) the formation of committees, advisory panels and consultative groups.
Note: The determination could, for example, require a proposed data standard to be approved by a specified person or body before it is made.
(3) Without limiting subsection (2) of this section, the Secretary must make, under subsection (1), a data standard about a particular matter mentioned in subsection (1) if a determination in force under section 31AE so requires.
Consultation with Health Chief Executives Forum
(4) Before the Secretary makes a data standard under subsection (1), the Secretary must consult the Health Chief Executives Forum.
(5) Subsection (4) does not limit the Minister’s power to determine additional requirements about consultation under section 31AE.
Data standards are not legislative instruments
(6) A data standard made under subsection (1) of this section is not a legislative instrument.
31AD Data standards must be published on internet
The Secretary must publish on the internet each data standard made under subsection 31AC(1).
Note: Once published, the data standards will be available for free.
31AE Requirements for making data standards
The Minister may, by legislative instrument, determine:
(a) requirements relating to making a data standard (including a data standard varying or revoking a data standard); or
(b) any other matters that the provisions of this Part provide may be specified, or otherwise dealt with, in a determination made under this section.
31AF Application of the Acts Interpretation Act 1901
The Acts Interpretation Act 1901 applies in relation to the power to make a data standard under subsection 31AC(1) of this Act in the same way as the Acts Interpretation Act 1901 applies in relation to a power to make an instrument of an administrative character (other than a legislative instrument, a notifiable instrument or a rule of court).
52 At the end of Division 3 of Part 7
Add:
36F Delegations by Secretary
(1) The Secretary may, by writing, delegate one or more of the Secretary’s functions or powers under Part 5AA to an SES employee or acting SES employee in the Department.
(2) A delegate must comply with any written directions of the Secretary.
Division 7,Connecting with healthcare identifier service
Healthcare Identifiers Act 2010
53 After subsection 20(4)
Insert:
(4A) Without limiting subsection (4), the regulations may prescribe rules about requirements that must be complied with, including any requirements specified in a data standard:
(a) before a request may be made to the service operator to disclose the healthcare identifier of a healthcare recipient; or
(b) if the service operator discloses a healthcare identifier of a healthcare recipient.
54 After subsection 25D(4)
Insert:
(4A) Without limiting subsection (4), the regulations may prescribe rules about requirements that must be complied with, including any requirements specified in a data standard:
(a) before a request may be made to the service operator to disclose the healthcare identifier of a healthcare provider; or
(b) if the service operator discloses a healthcare identifier of a healthcare provider.
55 At the end of section 39
Add:
Incorporation by reference
(3) Despite subsection 14(2) of the Legislation Act 2003, the regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Division 8,Meaning of health administration
Healthcare Identifiers Act 2010
56 Section 7A
Before “In this Act”, insert “(1)”.
57 Paragraph 7A(1)(e)
Repeal the paragraph, substitute:
(e) verifying healthcare identifiers and identifying information, including for the purposes of providing healthcare or support services;
58 At the end of paragraph 7A(1)(i)
Add:
; (iv) to inform reporting on, or responses to, an adverse health event;
59 At the end of section 7A
Add:
(2) For the purposes of subparagraph (1)(i)(iv), an adverse health event is an event, act or omission related to the provision of healthcare to a healthcare recipient that results in, may result in, or could have resulted in, an unintended or harmful effect on the safety, health or welfare of the healthcare recipient.
Division 9,Purpose of the Healthcare Identifiers Act 2010
Healthcare Identifiers Act 2010
60 Title
Repeal the title, substitute:
An Act to enable the safe and accurate exchange of information about healthcare and support services through unique healthcare identifiers and data standards, and for related purposes
61 Section 3
Repeal the section, substitute:
8HI3 Purpose of this Act
The purpose of this Act is to enable the safe and accurate exchange of information about healthcare and support services by:
(a) assigning unique identifiers to healthcare providers and recipients; and
(b) authorising the collection, use and disclosure of healthcare identifiers and identifying information by trusted entities for health, health‑related and health administration purposes; and
(c) providing for a comprehensive Healthcare Provider Directory to facilitate communication between healthcare providers and manage information about healthcare and support services; and
(d) providing for the making of data standards about health information and other clinical data.
Division 10,My Health Records information
My Health Records Act 2012
62 After subsection 59A(1)
Insert:
(1A) A person must not use health information included in a healthcare recipient’s My Health Record for a prohibited purpose, if the person obtained the information in the following way:
(a) the health information was originally obtained by a participant in the My Health Record system by means of the My Health Record system in accordance with this Act;
(b) after the health information was so obtained, it was stored in such a way that it could be obtained other than by means of the My Health Record system;
(c) the person subsequently obtained the health information by those other means.
Civil penalty: 1,500 penalty units.
63 Subsection 59A(2)
After “Subsection (1)”, insert “or (1A)”.
64 Subsection 71(1)
Omit “The prohibitions”, substitute “Subject to subsection (5), the prohibitions”.
65 At the end of section 71
Add:
(5) This section does not apply to the prohibition in subsection 59A(1A).
The amendments made by this Division apply to a person using health information on or after the commencement of this item, whether the person obtained the health information before, on or after that commencement.
Division 11,Extension of authorisations
My Health Records Act 2012
68 After paragraph 99(a)
Insert:
(aa) an individual healthcare provider, if:
(i) the first entity is a registered healthcare provider organisation; and
(ii) the first entity provides services or facilities to the individual healthcare provider, to facilitate the provision of healthcare by the individual healthcare provider; or
69 After paragraph 99(c)
Insert:
(ca) a person (the subcontractor) performing services under a contract between the subcontractor and another person (the contractor), if:
(i) the first entity is the System Operator or the operator of the National Repositories Service; and
(ii) the first entity has a contract with the contractor; and
(iii) the contract between the subcontractor and the contractor relates to the My Health Record system; or
70 Subparagraph 99(d)(i)
Omit “contractor to which paragraph (c) applies”, substitute “person to whom paragraph (c) or (ca) applies”.
71 Subparagraph 99(d)(ii)
Before “contract”, insert “relevant”.
Division 12,Authorisations for the Australian Immunisation Register Act 2015
Australian Immunisation Register Act 2015
72 Section 4
Insert:
healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.
healthcare identifier information for a person has the meaning given by section 5B.
73 Section 4 (paragraph (c) of the definition of relevant identifying information)
Omit “(within the meaning of the Healthcare Identifiers Act 2010)”.
74 After section 5A
Insert:
5B Meaning of healthcare identifier information
(1) Each of the following is healthcare identifier information for a person:
(a) if the person is a healthcare provider that has a healthcare identifier,the healthcare identifier;
(b) if the person is an individual healthcare provider linked to a healthcare provider organisation that has a healthcare identifier,the healthcare identifier for the healthcare provider organisation.
(2) In subsection (1), the following terms have the same meaning as in the Healthcare Identifiers Act 2010:
(a) healthcare provider;
(b) healthcare provider organisation;
(c) individual healthcare provider;
(d) linked.
75 Subparagraphs 9(b)(iii) and (iv)
After “provider identification information”, insert “and healthcare identifier information”.
76 Subparagraph 9(d)(iii)
After “contact details of”, insert “, and healthcare identifier information for,”.
Part 3,Simplifying information sharing for connected service delivery
Division 1,Information sharing amendments
A New Tax System (Family Assistance) (Administration) Act 1999
77 Subsection 161(1)
Repeal the subsection.
78 After paragraph 162(2)(dae)
Insert:
(daf) for the purposes of:
(i) the Child Support (Assessment) Act 1989; or
(ii) the Child Support (Registration and Collection) Act 1988; or
(dag) for the purposes of a centrelink program; or
(dah) for the purposes of a medicare program; or
79 Subparagraph 168(1)(b)(ii)
Omit “obtain it; or”, substitute “obtain it.”.
80 Subparagraphs 168(1)(b)(iii) and (iv)
Repeal the subparagraphs.
Child Support (Assessment) Act 1989
81 After paragraph 150(2A)(a)
Insert:
(aa) for the purposes of a centrelink program; or
(ab) for the purposes of a medicare program; or
82 Paragraph 150(3)(bb)
Repeal the paragraph.
Child Support (Registration and Collection) Act 1988
83 Subsection 4(1)
Insert:
centrelink program has the same meaning as in the Human Services (Centrelink) Act 1997.
84 Subsection 4(1) (definition of Chief Executive Medicare)
Repeal the definition.
85 After paragraph 16(2A)(a)
Insert:
(aa) for the purposes of a centrelink program; or
(ab) for the purposes of a medicare program; or
86 Paragraph 16(3)(bb)
Repeal the paragraph.
Paid Parental Leave Act 2010
87 Section 6
Insert:
centrelink program has the same meaning as in the Human Services (Centrelink) Act 1997.
medicare program has the same meaning as in the Human Services (Medicare) Act 1973.
88 Subsection 126(1)
Repeal the subsection.
89 After paragraph 127(2)(dc)
Insert:
(dd) for the purposes of:
(i) the Child Support (Assessment) Act 1989; or
(ii) the Child Support (Registration and Collection) Act 1988; or
(de) for the purposes of a centrelink program; or
(df) for the purposes of a medicare program; or
Social Security (Administration) Act 1999
90 Subsection 201(1)
Repeal the subsection.
91 After paragraph 202(2)(dac)
Insert:
(dad) for the purposes of:
(i) the Child Support (Assessment) Act 1989; or
(ii) the Child Support (Registration and Collection) Act 1988; or
(dae) for the purposes of a centrelink program; or
(daf) for the purposes of a medicare program; or
92 Subparagraph 208(1)(b)(iii)
Omit “agreement; or”, substitute “agreement.”.
93 Subparagraphs 208(1)(b)(iv) and (v)
Repeal the subparagraphs.
Student Assistance Act 1973
94 After paragraph 351(2)(dd)
Insert:
(de) for the purposes of:
(i) the Child Support (Assessment) Act 1989; or
(ii) the Child Support (Registration and Collection) Act 1988; or
(df) for the purposes of a centrelink program; or
(dg) for the purposes of a medicare program; or
95 Subsection 351(3)
Repeal the subsection.
96 Subparagraphs 355(1)(b)(iii) and (iv)
Repeal the subparagraphs.
97 Application of amendments
The amendments made by this Division apply in relation to the recording, use or disclosure (however described) of information that occurs on or after the commencement of this Division, whether the information was obtained or generated before, on or after that commencement.
Division 2,Disclosure of protected information under the Paid Parental Leave Act 2010
Paid Parental Leave Act 2010
98 Paragraph 127(2)(e)
Omit “section 128”, substitute “section 127A or 128”.
99 After section 127
Insert:
127A Protection of certain documents etc. from production to court etc.
An officer must not, except for the purposes of this Act or the Royal Commissions Act 1902, be required:
(a) to produce any document in the officer’s possession; or
(b) to disclose any matter or thing of which the officer had notice;
because of the performance or exercise of the officer’s duties, functions or powers under this Act to:
(c) a court; or
(d) a tribunal; or
(e) an authority; or
(f) a person;
that has power to require the production of documents or the answering of questions.
100 Section 128 (heading)
Repeal the heading, substitute:
128 Disclosure of information by Secretary
101 Subsection 128(1)
Omit “Despite sections 129 to 132”, substitute “Despite sections 127A, 129, 130, 131 and 132”.
102 Paragraph 128(1)(b)
Omit “, but only if the disclosure of the information is required by a law of the Commonwealth”.
103 At the end of section 128
Add:
(7) If:
(a) the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and
(b) in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is protected information;
then, despite sections 127A, 129, 130, 131 and 132 of this Act, the Secretary or officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.
Part 4,Improving arrangements for transferring customers between payment types
Social Security (Administration) Act 1999
104 Subsection 12(1)
Repeal the subsection, substitute:
(1) The Secretary may determine that, for the purposes of the social security law, a person is taken to have made a claim for an income support payment (the new payment) if the person became qualified for the new payment while receiving, or immediately after ceasing to receive, another income support payment (the other payment).
105 Before subsection 12(2)
Insert:
When a claim is taken to be made
106 At the end of section 12
Add:
Some eligibility requirements taken to be satisfied etc.
(3) If the new payment and the other payment are social security payments, then subsections (4) and (5) apply in relation to the Secretary considering, for the purposes of deciding whether to make the determination, whether the person became qualified for the new payment.
(4) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new payment if:
(a) the new requirement is the same as an eligibility requirement (the current requirement) for the other payment; and
(b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and
(c) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.
(5) If an eligibility factor (the new factor) for the new payment is the same as an eligibility factor (the current factor) for the other payment, the Secretary may:
(a) treat the new factor as existing in relation to the person, if:
(i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and
(ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or
(b) treat the new factor as not existing in relation to the person, if:
(i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and
(ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.
Other powers not limited
(6) Subsections (3) to (5) do not, by implication, limit any other power of the Secretary to do the following in making a determination under subsection (1):
(a) treat a person as having satisfied an eligibility requirement;
(b) treat an eligibility factor as existing, or not existing, in relation to a person.
Definitions
(7) In this section:
eligibility factor, for an income support payment, means a fact, matter or circumstance the existence of which in relation to a person is relevant to:
(a) whether the person qualifies for the payment; or
(b) whether the payment is payable to the person.
eligibility requirement, for an income support payment, means a requirement that a person must satisfy:
(a) to qualify for the payment; or
(b) for the payment to be payable to the person.
107 After section 37AA
Insert:
37AB Grant of claim,eligibility requirements taken to be satisfied etc.
(1) If a claim for a social security payment or concession card (the new benefit) is made by a person receiving or holding another social security payment or concession card (the current benefit), then subsections (2) and (3) apply in relation to the Secretary considering, for the purposes of determining under section 37 whether the claim is to be granted:
(a) whether the Secretary is satisfied that the person is qualified, or is expected to be qualified, for the new benefit; and
(b) if the new benefit is a social security payment,whether the Secretary is satisfied that the new benefit is, would be, or is expected to be, payable to the person.
(2) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new benefit if:
(a) the new requirement is the same as an eligibility requirement (the current requirement) for the current benefit; and
(b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and
(c) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.
(3) If an eligibility factor (the new factor) for the new benefit is the same as an eligibility factor (the current factor) for the current benefit, the Secretary may:
(a) treat the new factor as existing in relation to the person, if:
(i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and
(ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or
(b) treat the new factor as not existing in relation to the person, if:
(i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and
(ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.
Other powers not limited
(4) This section does not, by implication, limit any other power of the Secretary to do the following in making a determination under section 37:
(a) treat a person as having satisfied an eligibility requirement;
(b) treat an eligibility factor as existing, or not existing, in relation to a person.
Definitions
(5) In this section:
eligibility factor means:
(a) for a social security payment,a fact, matter or circumstance the existence of which in relation to a person is relevant to:
(i) whether the person qualifies for the payment; or
(ii) whether the payment is payable to the person; or
(b) for a concession card,a fact, matter or circumstance the existence of which in relation to a person is relevant to whether the person qualifies for the card.
eligibility requirement means:
(a) for a social security payment,a requirement that a person must satisfy:
(i) to qualify for the payment; or
(ii) for the payment to be payable to the person; or
(b) for a concession card,a requirement that a person must satisfy to qualify for the card.
Part 5,Simplifying re‑issue processes for non‑income tested Commonwealth seniors health cards
Social Security Act 1991
108 Subsection 1061ZJA(4) (note 1)
Omit “Note 1”, substitute “Note”.
109 Subsection 1061ZJA(4) (note 2)
Repeal the note.
110 After subsection 1061ZJA(4)
Insert:
(5) If:
(a) the person previously held a seniors health card issued under subsection (3) or (4) or this subsection; and
(b) the person does not currently hold a seniors health card; and
(c) the person is qualified for a seniors health card;
the Secretary must issue a seniors health card to the person.
Note 1: If the person is temporarily absent from Australia, the person continues to be qualified for a seniors health card for a maximum period of up to 19 weeks (see Division 4).
Note 2: The person does not need to make a claim for the card.
Note 3: A person may be issued a seniors health card more than once under this subsection.
Social Security (Administration) Act 1999
111 Subsection 11(3)
Omit “subsection 1061ZJA(3) or (4)”, substitute “subsection 1061ZJA(3), (4) or (5)”.
112 Subsection 37A(1A)
Omit “subsection 1061ZJA(3) or (4)”, substitute “subsection 1061ZJA(3), (4) or (5)”.
113 Subsection 240A(3)
Omit “subsection 1061ZJA(3) or (4)”, substitute “subsection 1061ZJA(3), (4) or (5)”.
114 Paragraph 240C(1)(a)
Omit “subsection 1061ZJA(3) or (4)”, substitute “subsection 1061ZJA(3), (4) or (5)”.
115 Paragraph 240C(2)(a)
Omit “subsection 1061ZJA(3) or (4)”, substitute “subsection 1061ZJA(3), (4) or (5)”.
Veterans’ Entitlements Act 1986
116 After subsection 118XA(3)
Insert:
(4) The Commission must make a determination under section 118ZG that the person is entitled to a seniors health card if:
(a) the person was previously the holder of a seniors health card because of a determination under subsection (3) or this section; and
(b) the person is not currently the holder of a seniors health card; and
(c) section 118X does not prevent the person from being entitled to the card; and
(d) the person is eligible for the card under this Part.
Note 1: For holder of a seniors health card see section 5PB.
Note 2: The person does not need to make a claim for the card.
Note 3: A person may be issued a seniors health card more than once under this subsection.
117 Subsection 118Y(2)
Omit “subsection 118XA(3)”, substitute “subsection 118XA(3) or (4)”.
Schedule 2,Amendments to improve or maintain access to government services
Part 1,Removing barriers to accessing additional child care subsidy,child wellbeing
A New Tax System (Family Assistance) Act 1999
1 Section 85AA (paragraph beginning “The approved provider”)
Omit “at risk of serious abuse or neglect”, substitute “in need of wellbeing support”.
2 Subsection 85CA(4)
Repeal the subsection, substitute:
Child in need of wellbeing support
(4) The Minister’s rules may prescribe circumstances in which a child is or is not taken to be a child in need of wellbeing support.
3 Subsection 85CB(1)
Omit “at risk of serious abuse or neglect on a day (an at risk day)”, substitute “in need of wellbeing support on a day (a wellbeing day)”.
4 Paragraphs 85CB(2)(c) and (d)
Omit “an at risk day”, substitute “a wellbeing day”.
5 Paragraphs 85CC(1)(b) and 85CD(1)(b)
Omit “at any risk of serious abuse or neglect”, substitute “in any need of wellbeing support”.
6 Paragraph 85CE(1)(a)
Omit “at risk of serious abuse or neglect”, substitute “in need of wellbeing support”.
7 Paragraph 85CE(3)(a)
Omit “at risk of serious abuse or neglect on a day (an at risk day)”, substitute “in need of wellbeing support on a day (a wellbeing day)”.
8 Paragraph 85CE(5)(a)
Omit “an at risk day”, substitute “a wellbeing day”.
9 Subparagraph 85CE(5)(b)(i)
Omit “an at risk day”, substitute “a wellbeing day”.
10 Paragraph 85CE(6)(b)
Omit “at risk of serious abuse or neglect”, substitute “in need of wellbeing support”.
11 Paragraph 85CF(1)(b)
Omit “at any risk of serious abuse or neglect”, substitute “in any need of wellbeing support”.
A New Tax System (Family Assistance) (Administration) Act 1999
Omit “at risk of serious abuse or neglect”, substitute “in need of wellbeing support”.
23 Application of amendments
The amendments of the A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Part apply in relation to a session of care provided to a child in a CCS fortnight that starts on or after the commencement of this item.
24 Transitional provisions,certificates and determinations
(1) A certificate that was in effect under section 85CB of the A New Tax System (Family Assistance) Act 1999 immediately before the commencement of this item continues in effect (and may be dealt with) on and after that commencement as if it had been made under section 85CB as amended by this Part.
(2) An application for a determination made under subsection 85CE(1) of the A New Tax System (Family Assistance) Act 1999 before the commencement of this item, in relation to which the Secretary has not made a decision before that commencement, is taken, on and after that commencement, to be an application made under subsection 85CE(1) as amended by this Part.
(3) A determination that was in effect under section 85CE of the A New Tax System (Family Assistance) Act 1999 immediately before the commencement of this item continues in effect (and may be dealt with) on and after that commencement as if it had been made under section 85CE as amended by this Part.
Part 2,Extending timeframes to complete diagnostic imaging services
Health Insurance Act 1973
25 Subsection 16B(5)
Omit “7 days”, substitute “14 days”.
Part 3,Addressing non‑operational approved pathology collection centres
Health Insurance Act 1973
26 After paragraph 23DNG(1)(b)
Insert:
(ba) the centre is not reasonably accessible to the public; or
(bb) the centre does not operate under reasonable hours; or
(bc) the approved pathology authority does not operate the centre as a specimen collection centre; or
(1A) Without limiting paragraph (1)(bc), an approved pathology authority does not operate a centre as a specimen collection centre if, in any continuous period of 6 months beginning on the day the approval for the centre is granted under subsection 23DNBA(1), the total amount of benefit payable in respect of pathology services rendered, using pathology specimens collected at the centre, is less than the amount of benefit prescribed by the regulations for the purposes of this subsection.
27 Application of amendments
The amendments of subsection 23DNG(1) of the Health Insurance Act 1973 made by this Part apply in relation to an approved collection centre whose approval is granted on or after the commencement of this Part.
Part 4,Strengthening integrity of the pharmacy approval process
Division 1,Main amendments
National Health Act 1953
28 After section 94
Insert:
94A Suspension of approval of pharmacist,State or Territory suspension
(1) The Secretary may suspend the approval of an approved pharmacist under section 90 if the pharmacist’s registration as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists has been suspended (however described).
(2) Before deciding to suspend the approval, the Secretary must notify the pharmacist that suspension under this section is being considered. The notice must:
(a) be in writing; and
(b) invite the pharmacist to make written submissions to the Secretary within the period of 28 days (the submission period) after being given the notice.
(3) In deciding whether to suspend the approval, the Secretary must consider any written submissions made by the person during the submission period.
(4) The Secretary must give to the pharmacist written notice of the decision. The notice must specify the period for which the approval is suspended.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.
(5) If the Secretary does not give the pharmacist written notice of the decision within the period of 60 days after the end of the submission period, the Secretary is taken to have decided not to suspend the approval.
(6) If the Secretary suspends the approval, the Secretary may, by written notice at any time, further suspend the approval under subsection (1) or remove the suspension.
(7) For the purposes of this section, a reference to a pharmacist is taken to include a person to whom subsection 90(6) applies.
94B Review of suspension decisions
(1) If the Secretary suspends the approval of an approved pharmacist under section 94A, the pharmacist may apply, in writing, to the Secretary for reconsideration by the Secretary of the decision.
(2) On receiving an application under subsection (1), the Secretary must reconsider the decision and:
(a) affirm the suspension; or
(b) remove the suspension.
(3) The Secretary must give to the applicant written notice of the Secretary’s decision under subsection (2).
Note: Section 105AC of this Act and section 266 of the Administrative Review Tribunal Act 2024 require the person to be notified of the person’s review rights.
(4) In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
29 Section 95 (at the end of the heading)
Add “,investigation by Committee of Inquiry”.
30 At the end of subsection 98(2A)
Add:
; or (c) a matter referred to a Committee of Inquiry concerns the conduct of the approved pharmacist and the Committee has not concluded its inquiry into the matter.
31 After paragraph 98(3)(b)
Add:
or (c) an approved pharmacist’s registration as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists has been suspended (however described); or
(d) an approved pharmacist has been deregistered (however described) as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists; or
(e) if an approved pharmacist is a body corporate:
(i) a person who is a director of the body corporate has been suspended or deregistered (however described) as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists; and
(ii) there is no other director of the body corporate who is registered (however described) as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists; or
(f) if an approved pharmacist is granted approval to supply pharmaceutical benefits at a particular premises in a State or territory,the approved pharmacist is not permitted, under the law of the State or Territory in which the premises are situated, to carry on business; or
(g) an approved pharmacist has breached the conditions to which the pharmacist’s approval is subject;
32 After subsection 105AB(7B)
Insert:
(7C) An application may be made to the Tribunal for review of a decision of the Secretary under subsection 94B(2).
33 Subsection 105AB(8A)
Repeal the subsection, substitute:
(8A) An application may be made to the Tribunal for a review of a decision of the Secretary:
(a) under paragraph 98(2A)(c) to refuse to cancel an approval; or
(b) under subsection 98(3), (3AB) or (3A) to cancel an approval.
Division 2,Application provisions
34 Definitions
In this Division:
Act means the National Health Act 1953.
35 Suspension of approvals
Sections 94A and 94B and subsection 105AB(7C) of the Act, as inserted by this Part, apply in relation to the suspension of an approved pharmacist’s registration as a pharmacist or pharmaceutical chemist under a law of a State or Territory:
(a) whether the suspension of the pharmacist occurred before, on or after the commencement of this Part; and
(b) whether the pharmacist was approved before, on or after the commencement of this Part.
36 Cancellation of approvals
(1) Paragraph 98(2A)(c) of the Act, as inserted by this Part, applies in relation to a matter referred to a Committee of Inquiry concerning the conduct of an approved pharmacist on or after commencement of this Part:
(a) whether the conduct of the pharmacist occurred before, on or after the commencement of this Part; and
(b) whether the pharmacist was approved before, on or after the commencement of this Part.
(2) Paragraph 98(3)(c) of the Act, as inserted by this Part, applies in relation to the suspension of an approved pharmacist’s registration as a pharmacist or pharmaceutical chemist under a law of a State or Territory:
(a) whether the suspension of the pharmacist occurred before, on or after the commencement of this Part; and
(b) whether the pharmacist was approved before, on or after the commencement of this Part.
(3) Paragraph 98(3)(d) of the Act, as inserted by this Part, applies in relation to the deregistration of an approved pharmacist as a pharmacist or pharmaceutical chemist under a law of a State or Territory:
(a) whether the deregistration of the pharmacist occurred before, on or after the commencement of this Part; and
(b) whether the pharmacist was approved before, on or after the commencement of this Part.
(4) Paragraph 98(3)(e) of the Act, as inserted by this Part, applies in relation to the suspension or deregistration of a person under a law of a State or Territory who is a director of a body corporate that is an approved pharmacist:
(a) whether the suspension or deregistration of the director occurred before, on or after the commencement of this Part; and
(b) whether the pharmacist was approved before, on or after the commencement of this Part.
(5) Paragraph 98(3)(f) of the Act, as inserted by this Part, applies to an approved pharmacist who is not permitted, under the law of a State or Territory, to carry on business at a particular premises:
(a) whether the pharmacist is not permitted to carry on business at a particular premises before, on or after the commencement of this Part; and
(b) whether the pharmacist was approved before, on or after the commencement of this Part.
(6) Paragraph 98(3)(g) of the Act, as inserted by this Part, applies in relation to a breach of conditions by an approved pharmacist:
(a) whether the breach by the pharmacist occurred before, on or after the commencement of this Part; and
(b) whether the pharmacist was approved before, on or after the commencement of this Part.
Part 5,Authorising appropriate information sharing to improve the integrity of medicare
Dental Benefits Act 2008
37 Section 4 (definition of disclose)
Omit “means”, substitute “, in relation to information, includes”.
38 Section 4 (definition of Human Services Department)
Repeal the definition.
39 Section 4
Insert:
use, in relation to information, includes make a record of.
40 Section 33
Before:
• Except as authorised by this Part, an entrusted public official must not disclose protected information.
insert:
• This Part authorises certain uses and disclosures of protected information.
41 Subsection 34(2)
Repeal the subsection, substitute:
Entrusted public official
(2) Each of the following persons is an entrusted public official:
(a) the Minister;
(b) the Chief Executive Medicare;
(c) the Secretary of a relevant Department;
(d) an APS employee in a relevant Department;
(e) a Departmental employee within the meaning of the Human Services (Medicare) Act 1973;
(f) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;
(g) any other person employed or engaged (however described) by a person described in paragraph (f) to provide services in connection with the services mentioned in that paragraph.
Relevant Department
(2A) For the purposes of this section, each of the following is a relevant Department:
(a) the Department administered by the Minister who administers this Act;
(b) the Department administered by the Minister who administers the Health Insurance Act 1973;
(c) the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997;
(d) the Department administered by the Minister who administers the Human Services (Medicare) Act 1973;
(e) the Department administered by the Minister who administers the National Health Act 1953.
42 Subsection 34(3)
After “relates to a person”, insert “(including a deceased person)”.
43 Subsection 34(4)
Omit “or 41”, substitute “, 41, 41A or 41B”.
44 Section 35 (heading)
After “Authorised”, insert “use or”.
45 Section 35
Omit “For the purposes of subsection 34(4), a person may disclose protected information if the”, substitute “A person may use or disclose protected information if the use or”.
46 Section 36 (heading)
After “Authorised”, insert “use or”.
47 Subsection 36(1)
Omit “For the purposes of subsection 34(4), a person may”, substitute “A person may use or”.
48 Paragraph 36(1)(a)
Omit “disclosure is, or is a kind of disclosure”, substitute “use or disclosure is, or is of a kind”.
49 Paragraph 36(1)(b)
Before “disclosure”, insert “use or”.
50 Section 37
Omit “For the purposes of subsection 34(4), the”, substitute “The”.
51 Section 37
Omit “who”, substitute “or body if the person or body”.
52 Section 38
Repeal the section, substitute:
38 Authorised use or disclosure,law enforcement, public revenue or integrity purposes
(1) An entrusted public official may use or disclose protected information for a purpose specified in subsection (2) if:
(a) the official reasonably believes that using or disclosing the information is necessary for that purpose; and
(b) for a disclosure of information,the disclosure is to an agency (within the meaning of the Privacy Act 1988) whose functions are directed at that purpose.
(2) The use or disclosure is authorised if it is for one or more of the following purposes:
(a) the enforcement of the criminal law;
(b) the enforcement of a law imposing a pecuniary penalty;
(c) the protection of the public revenue;
(d) an integrity purpose (within the meaning of the Crimes Act 1914).
53 Section 39 (heading)
After “Authorised”, insert “use or”.
54 Section 39
Omit “For the purposes of subsection 34(4), the Secretary or the Chief Executive Medicare may”, substitute “The Secretary or the Chief Executive Medicare may use or”.
55 Paragraphs 39(a) and (b)
Omit “disclosure”, substitute “use or disclosure”.
56 Subsection 40(1)
Omit “For the purposes of subsection 34(4), the”, substitute “The”.
57 Subsection 41(1)
Omit “For the purposes of subsection 34(4), a”, substitute “A”.
58 After section 41
Insert:
41A Authorised use or disclosure,integrity of medicare programs, patient safety etc.
(1) A person may disclose protected information to an entrusted public official, and an entrusted public official may use or disclose protected information, for the purposes of:
(a) the integrity or sustainability of a medicare program; or
(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.
Note: For paragraph (a), subsection (4) extends the meaning of the integrity or sustainability of a medicare program.
(2) A person or body that receives protected information under subsection (1) may use or disclose that information for the same purposes as the purposes for which the information is disclosed to the person or body under subsection (1).
(3) However, this section does not authorise the following disclosures:
(a) disclosure by any of the following persons of protected information obtained as a result of a review or investigation under Part VAA of the Health Insurance Act 1973:
(i) a person appointed under Division 2 of that Part;
(ii) a member of staff or a consultant engaged under section 106ZM or 106ZP of that Act;
(iii) a person whose services are made available under section 106ZN of that Act;
(iv) a person providing services under section 106ZPL of that Act;
(v) any other person engaged (whether as an employee or otherwise) by the Professional Services Review to provide services in connection with the performance of duties or functions, or the exercise of powers, under that Part;
(b) disclosure, by a person consulted under section 90 of that Act, of protected information obtained in connection with that consultation.
Note: For paragraph (a), such persons include the Director or an Associate Director of Professional Services Review or a Panel member of the Professional Services Review Panel (all within the meaning of Part VAA of the Health Insurance Act 1973).
Integrity or sustainability of a medicare program
(4) For the purposes of subsection (1):
(a) a reference to the purposes of the integrity or sustainability of a medicare program includes a reference to the need to ensure that access to the program is limited to circumstances where requirements or parameters (whether or not statutory) relating to the program are met; and
(b) a reference to a use or disclosure being for those purposes is taken to include a reference to the use or disclosure being for the purposes of ensuring that the delivery of the program is not compromised by mistakes, misconduct, fraud or non‑compliance, including in relation to those requirements or parameters.
An entrusted public official may disclose protected information to another person or a body if:
(a) the information is lawfully in the public domain; or
(b) the information has lawfully been disclosed to that other person or body previously; or
(c) the information relates to that other person or body; or
(d) the disclosure of the information is for the purposes of obtaining or providing legal advice.
41C Authorised use,for authorised disclosure
A person may use protected information for the purpose of making an authorised disclosure.
41D Authorisations and exemptions do not limit each other
An authorisation or exemption (however described) under a provision of this Division does not limit, and is not limited by, any other authorisation or exemption under any other provision of this Act (including this Division).
Health Insurance Act 1973
59 Subsection 3(1)
Insert:
disclose, in relation to information, includes divulge or communicate.
entrusted public official means any of the following:
(a) the Minister;
(b) the Chief Executive Medicare;
(c) the Secretary of a relevant Department;
(d) an APS employee in a relevant Department;
(e) a Departmental employee within the meaning of the Human Services (Medicare) Act 1973;
(f) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;
(g) any other person employed or engaged (however described) by a person described in paragraph (f) to provide services in connection with the services mentioned in that paragraph.
60 Subsection 3(1) (definition of Human Services Department)
Repeal the definition.
61 Subsection 3(1)
Insert:
relevant Department means any of the following:
(a) the Department administered by the Minister who administers this Act;
(b) the Department administered by the Minister who administers the Dental Benefits Act 2008;
(c) the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997;
(d) the Department administered by the Minister who administers the Human Services (Medicare) Act 1973;
(e) the Department administered by the Minister who administers the National Health Act 1953.
use, in relation to information, includes make a record of.
62 Subsection 89A(1)
Omit “the person under review may, in relation to services provided by the person during the review period,”, substitute “a person may”.
63 Subsection 89A(2)
Omit “If the Director has acted under subsection (1), he or she”, substitute “If material or a copy of material sent to the Chief Executive Medicare under subsection (1) relates to a person under review and services provided by the person during the review period, the Director”.
64 Subsection 106N(1)
Omit “the person under review may, in relation to the referred services,”, substitute “a person may”.
65 After subsection 106N(1)
Insert:
(1A) If the Committee acts under subsection (1), the Committee may also:
(a) notify the Director that the person may have committed the relevant offence, the relevant civil contravention or the relevant dental benefits offence; and
(b) give the Director any additional information (including information about the person) in relation to the possible commission of that offence or contravention.
Note: If the Committee gives the Director additional information that is not also given to the Chief Executive Medicare under subsection (1), the Director may disclose that additional information to the Chief Executive Medicare under subsection 89A(1) or 129E(4), whichever is applicable.
66 Subsection 106N(2)
Omit “If the Committee acts under subsection (1)”, substitute “If material or a copy of material sent to the Chief Executive Medicare under subsection (1) relates to the referred services in relation to any Committee investigation resulting from a referral”.
67 At the end of Division 5A of Part VAA
Add:
106XC Additional information about practitioner referred by Committee or Determining Authority
(1) This section applies if a written statement is given by a Committee or the Determining Authority to the Director under subsection 106XA(1) or 106XB(1), stating its concerns that:
(a) conduct by a practitioner (including a person who has been a practitioner) has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person; or
(b) a practitioner (including a person who has been a practitioner) has failed to comply with professional standards.
(2) The Committee or the Determining Authority, as the case may be, may give the Director additional information in relation to:
(a) the review or investigation in connection with which the written statement is given; or
(b) any matter covered by the review or investigation or the statement; or
(c) the services or benefits provided, or purportedly provided, by the practitioner under a medicare program.
68 Paragraph 106ZPQ(3)(b)
Omit “subsection 106XA(2) or (3) or subsection 106XB(2)”, substitute “subsection 106XA(2) or (3), 106XB(2), 106XC(2) or 129E(2) or (3)”.
69 Subsection 124W(1) (definition of disclose)
Repeal the definition.
70 After section 129A
Insert:
129B Authorisations,dealings with certain information relating to medicare 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 a medicare benefit;
(ii) information relating to a person’s eligibility or purported eligibility to be paid a medicare benefit;
(iii) information relating to a person who rendered or purportedly rendered a service in respect of which a medicare benefit is payable or purportedly payable.
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 130) 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: Certain disclosures by persons related to Professional Services Review under Part VAA are not authorised by this section (see subsection (6)).
Note 2: Collection, use or disclosure authorised by this subsection is not prohibited by subsection 130(1) (see subsection 130(1A)).
Note 3: 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 130AAB extends the meaning of the integrity or sustainability of a medicare program.
Note 2: For paragraphs (c), (d) and (e), additional requirements apply to disclosures for the purposes of statistical analysis, medical research, or research and development in relation to health, disability or aged care (see subsections (4) and (5)).
Additional matters for disclosures relating to research or statistics
(4) This section does not authorise a disclosure for the purposes of medical research if:
(a) a person (the identifiable person) is reasonably identifiable from the information that is proposed to be disclosed; and
(b) the person disclosing the information is not satisfied that:
(i) the identifiable person has given informed consent to the use and disclosure of the information for that research; or
(ii) the research is to be conducted in accordance with guidelines issued by the National Health and Medical Research Council under section 95 of the Privacy Act 1988.
(5) Before disclosing information under this section for the purposes of statistical analysis, medical research, or research and development in relation to health, disability or aged care, the person disclosing the information must consider the extent to which the disclosure complies with the data minimisation principle.
Disclosures relating to Professional Services Review not authorised
(6) This section does not authorise the following disclosures:
(a) disclosure by any of the following persons of information obtained as a result of a review or investigation under Part VAA:
(i) a person appointed under Division 2 of that Part;
(ii) a member of staff or a consultant engaged under section 106ZM or 106ZP;
(iii) a person whose services are made available under section 106ZN;
(iv) a person providing services under section 106ZPL;
(v) any other person engaged (whether as an employee or otherwise) by the Professional Services Review to provide services in connection with the performance of duties or functions, or the exercise of powers, under Part VAA;
(b) disclosure, by a person consulted under section 90, of information obtained in connection with that consultation.
Note: For paragraph (a), such persons include the Director or an Associate Director of Professional Services Review or a Panel member of the Professional Services Review Panel (all within the meaning of Part VAA).
No interference with information handling for My Heath Record or data‑matching
(7) Nothing in this section prevents:
(a) the My Health Record System Operator including information to which this section applies in the My Health Record of a healthcare recipient; or
(b) the matching of information under subsection 132B(1) of the National Health Act 1953 or the operation of Part VIIIA of that Act generally.
Definitions
(8) In this section:
agency has the same meaning as in the Privacy Act 1988.
data minimisation principle means the principle of only using or disclosing as much information to which this section applies as is reasonably needed to achieve the purpose of the use or disclosure of the information.
My Health Record has the same meaning as in the My Health Records Act 2012.
My Health Record System Operator has the same meaning as System Operator has in the My Health Records Act 2012.
129C Authorisations,dealings with officer obtained or generated information for program integrity etc.
(1) This section applies to information that:
(a) is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and
(b) relates to the affairs of a person.
(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 a person who is or has been an officer (within the meaning of section 130) 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 130(1) (see subsection 130(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) the administration of a centrelink program (within the meaning of the Human Services (Centrelink) Act 1997);
(d) the administration of the following Acts:
(i) the Child Support (Assessment) Act 1989;
(ii) the Child Support (Registration and Collection) Act 1988.
Note: For paragraph (a), section 130AAB extends the meaning of the integrity or sustainability of a medicare program.
(4) However, this section does not authorise the following disclosures:
(a) disclosure by any of the following persons of information obtained as a result of a review or investigation under Part VAA:
(i) a person appointed under Division 2 of that Part;
(ii) a member of staff or a consultant engaged under section 106ZM or 106ZP;
(iii) a person whose services are made available under section 106ZN;
(iv) a person providing services under section 106ZPL;
(v) any other person engaged (whether as an employee or otherwise) by the Professional Services Review to provide services in connection with the performance of duties or functions, or the exercise of powers, under Part VAA;
(b) disclosure, by a person consulted under section 90, of information obtained in connection with that consultation.
Note: For paragraph (a), such persons include the Director or an Associate Director of Professional Services Review or a Panel member of the Professional Services Review Panel (all within the meaning of Part VAA).
129D Authorisations,dealings with information for enforcement, public revenue or integrity purposes
(1) This section applies to information that:
(a) is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and
(b) relates to the affairs of a person.
(2) An entrusted public official may use or disclose information for a purpose specified in subsection (3) if:
(a) the official reasonably believes that using or disclosing the information is necessary for that purpose; and
(b) for a disclosure of information,the disclosure is to an agency (within the meaning of the Privacy Act 1988) whose functions are directed at that purpose.
(3) The use or disclosure is authorised if it is for one or more of the following purposes:
(a) the enforcement of the criminal law;
(b) the enforcement of a law imposing a pecuniary penalty;
(c) the protection of the public revenue;
(d) an integrity purpose (within the meaning of the Crimes Act 1914).
129E Authorisation,disclosure of information by Director of Professional Services Review
(1) This section applies to information that:
(a) is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and
(b) relates to the affairs of a person.
Disclosure to certain professional bodies
(2) The Director of Professional Services Review appointed under section 83 (the Director) may disclose to a person or body information to which this section applies if:
(a) the person or body has received from the Director:
(i) a statement under subsection 106XA(2) or (3), stating concerns that conduct by a practitioner (including a person who has been a practitioner) has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person; or
(ii) a statement under subsection 106XB(2), stating concerns that a practitioner (including a person who has been a practitioner) has failed to comply with professional standards; and
(b) the information relates to any of the following:
(i) the review or investigation in connection with which the statement is given;
(ii) any matter covered by the review or investigation or the statement;
(iii) the services or benefits provided, or purportedly provided, by the practitioner under a medicare program; and
(c) the Director is satisfied that the disclosure is:
(i) necessary for the purposes of the National Law; and
(ii) in the public interest.
Disclosure for program integrity, patient safety etc.
(3) The Director may disclose information to which this section applies if:
(a) the disclosure is for the purposes of any of the following:
(i) the integrity or sustainability of a medicare program;
(ii) 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;
(iii) proceedings to recover an amount that is recoverable under this Act, the Dental Benefits Act 2008 or the National Health Act 1953 as a debt due to the Commonwealth, or is otherwise required by or under those Acts to be repaid to the Commonwealth;
(iv) any other proceedings in relation to compliance with a requirement under this Act; and
(b) the Director is satisfied that the disclosure is in the public interest.
Note: For subparagraph (a)(i), section 130AAB extends the meaning of the integrity or sustainability of a medicare program.
Disclosure for duties, functions or powers under any Act
(4) The Director may disclose information to which this section applies to facilitate the performance of duties or functions, or the exercise of powers, by the Director or any other person under this Act or any other Act.
Note 1: Subsections (2), (3) and (4) constitute permissions or authorisations for the purposes of section 106ZR or 130 (see subsection 106ZR(1) (which exempts disclosures required or permitted under this Act) and subsection 130(1A)).
Note 2: Subsections (2), (3) and (4) also constitute authorisations for the purposes of other laws, such as the Privacy Act 1988.
Terms and conditions applicable to recipients
(5) If the Director discloses information to a person or body (the recipient) under subsection (2), (3) or (4), the Director may, by instrument in writing, specify terms and conditions subject to which the information may be used or disclosed by the recipient.
(6) Without limiting subsection (5), the instrument may require the recipient to give an undertaking in writing with respect to the use or disclosure of the information by the recipient, which may include an undertaking not to disclose any of the information to any other person or body.
(7) An instrument under subsection (5) is not a legislative instrument.
129F Authorisation,use for authorised disclosure
(1) This section applies to information that:
(a) is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and
(b) relates to the affairs of a person.
(2) A person may use information to which this section applies for the purpose of disclosing the information under section 129B, 129C, 129D, 129E or 130.
71 Subsections 130(1) to (4)
Repeal the subsections, substitute:
Offence,use or disclosure by officer outside course of duty
(1) A person (the relevant person) commits an offence if:
(a) the relevant person is or has been an officer; and
(b) the relevant person uses or discloses information; and
(c) the information:
(i) relates to the affairs of a person other than the relevant person; and
(ii) is obtained or generated by the relevant person in the performance of duties or functions, or in the exercise of powers, under this Act.
Penalty: 5 penalty units.
(1A) Subsection (1) does not apply if the use or disclosure is:
(a) authorised or exempted under a provision of this Act; or
(b) otherwise required or authorised under an Australian law.
Note 1: The defendant bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code.
Note 2: For the purposes of this subsection, examples of provisions of this Act that authorise the use or disclosure of information include sections 129B, 129C, 129D and 129E.
Authorisation,performance of functions
(2) An officer may use or disclose information of a kind referred to in paragraph (1)(c):
(a) in the performance of duties or functions, or in the exercise of powers, under this Act or any other Act; or
(b) for the purpose of enabling the officer or any other person to perform duties or functions, or exercise powers, in relation to a medicare program; or
(c) in the case of disclosure to the Minister,for the purposes of the Minister’s performance of the Minister’s functions.
Authorisation,use or disclosure in the public interest
(3) An officer may use or disclose information of a kind referred to in paragraph (1)(c) if:
(a) the Secretary or the Chief Executive Medicare certifies, by instrument in writing, that it is in the public interest to disclose the information to a specified person or body for a specified purpose; and
(b) the officer:
(i) discloses the information to the person or body for that purpose; or
(ii) uses the information for purposes related to such a disclosure.
Note: Information disclosed to a person under this subsection for a specified purpose must only be further used or disclosed for that purpose (see subsection (3G)).
(3A) The Secretary or the Chief Executive Medicare may, by instrument in writing, specify terms and conditions subject to which the information may be used or disclosed by the person.
(3B) Without limiting subsection (3A), the instrument may require the person to give an undertaking in writing with respect to the use or disclosure of the information by the person, which may include an undertaking not to disclose any of the information to any other person or body.
(3C) An instrument under paragraph (3)(a) or subsection (3A) is not a legislative instrument.
(3D) Subsection (3) has effect subject to rules made under subsection (3E) (if any).
(3E) The Minister may, by legislative instrument, make rules for the purposes of subsection (3D).
Authorisation,disclosing to prescribed person or body
(3F) An officer may disclose information of a kind referred to in paragraph (1)(c) to a person or body for a specified purpose if regulations made for the purposes of this subsection provide that:
(a) the person or body is a prescribed person or body; and
(b) the information is prescribed information; and
(c) the information may be provided to the person or body for that purpose.
Note: Information disclosed to a person or body under this subsection for a specified purpose must only be further used or disclosed for that purpose (see subsection (3G)).
Obligation on further use or disclosure of disclosed information
(3G) A person or body that receives information under subsection (3) or (3F) for a specified purpose must ensure that any further use or disclosure of the information is only for that purpose.
Authorisation,use or disclosure by officer in certain circumstances
(4) An officer may use or disclose information of a kind referred to in paragraph (1)(c) if:
(a) the information is lawfully in the public domain; or
(b) the person to whom the information relates has expressly or impliedly consented to the use or disclosure; or
(c) the use or disclosure is for the purpose of obtaining or providing legal advice; or
(d) if the disclosure is to a person or body,the information relates to that person or body; or
(e) if the disclosure (the present disclosure) is to a person or body,the information has lawfully been disclosed to that person or body previously (the previous disclosure), and the present disclosure is for the same purpose as the previous disclosure.
72 Subsection 130(4A)
Repeal the subsection.
73 Subsection 130(5)
Repeal the subsection, substitute:
Authorisation,statistical information
(5) An officer may use or disclose information of a kind referred to in paragraph (1)(c) for the purpose of deriving or publishing statistics that do not enable the identification of any person (other than the Commonwealth, a State or a Territory).
74 Before subsection 130(5A)
Insert:
Exemption,dealings with certain information about hospitals
75 Before subsection 130(5E)
Insert:
Exemption,dealings with information relevant to Professional Services Review Scheme
76 Subsections 130(5G) and (5H)
Repeal the subsections.
77 Before subsection 130(5J)
Insert:
Authorisation,data‑matching by a Commonwealth entity
78 Subsection 130(5J)
Omit “divulge”, substitute “disclose”.
79 Before subsection 130(6)
Insert:
Authorisation,disclosing information relating to convictions etc.
80 Subsection 130(6)
Omit “divulge any information acquired by an officer in the performance of his or her duties, or in the exercise of his or her powers or functions”, substitute “disclose any information acquired by an officer in the performance of duties or functions, or in the exercise of powers”.
81 Paragraph 130(6)(ca)
Omit “a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997)”, substitute “a person engaged (whether as an employee or otherwise) by Services Australia”.
82 Before subsection 130(7)
Insert:
Authorisation,disclosing certified information for purposes of certain Commonwealth Acts, National Law or private health insurance
83 Paragraph 130(7)(a)
Repeal the paragraph.
84 Subsection 130(7)
Omit “his or her duties, or in the exercise of his or her powers or functions, under this Act, should be divulged, the Secretary or the Chief Executive Medicare may divulge”, substitute “duties or functions, or in the exercise of powers, under this Act, should be disclosed, the Secretary or the Chief Executive Medicare may disclose”.
85 Paragraph 130(7)(e)
Repeal the paragraph.
86 Before subsection 130(8)
Insert:
Restrictions on disclosing information relating to rendering of professional service
87 Subsection 130(8)
Omit “divulged”, substitute “disclosed”.
88 Before subsection 130(9)
Insert:
Offence,recipients of information relating to convictions etc. or that is certified
Omit “a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997)”, substitute “a person engaged (whether as an employee or otherwise) by Services Australia”.
92 Paragraph 130(9)(aa)
Omit “for Social Security”, substitute “administering the Human Services (Centrelink) Act 1997”.
93 Paragraphs 130(9)(b) to (d)
Omit “his or her duties, or in the exercise of his or her powers or functions”, substitute “duties or functions, or in the exercise of powers”.
94 Subsection 130(9)
Omit “make a record of, or divulge or communicate to any person, any information so divulged”, substitute “use, or disclose to any person, any information so disclosed”.
95 Before subsection 130(10)
Insert:
Disclosed information relating to convictions etc. or certified information generally not to be disclosed to courts
96 Subsection 130(10)
Omit “divulged”, substitute “disclosed”.
97 Subsection 130(10)
Omit “the exercise of powers or functions”, substitute “functions or the exercise of powers”.
98 Subsection 130(10)
Omit “(a),”.
99 Paragraph 130(10)(b)
Omit “divulge or communicate”, substitute “disclose”.
100 Subsections 130(11) to (13)
Repeal the subsections.
101 Subsection 130(13A)
Omit “divulge”, substitute “disclose”.
102 Before subsection 130(14)
Insert:
Offences,solicitation of certain information held by Department
103 Subsection 130(15)
Repeal the subsection.
104 After subsection 130(18)
Insert:
Offence,conduct relating to information unlawfully disclosed
(18A) A person commits an offence if:
(a) protected information is disclosed to the person; and
(b) the disclosure contravenes this section; and
(c) the person:
(i) in any way solicited the disclosure of the information to the person; or
(ii) discloses the information to another person; or
(iii) uses the information otherwise than by disclosing it to another person.
Offences,offer to supply certain information held by Department
108 Before subsection 130(23)
Insert:
Penalty for offences against solicitation, conduct relating to information unlawfully disclosed or offer to supply
109 Subsection 130(23)
Omit “(15), (17)”, substitute “(17), (18A)”.
110 Subsection 130(24)
Repeal the subsection.
111 Before subsection 130(25)
Insert:
Definitions
112 Subsection 130(25) (definition of indemnity legislation)
Repeal the definition.
113 Subsection 130(25) (definition of officer)
Repeal the definition, substitute:
officer means any of the following:
(a) a person performing duties or functions, or exercising powers, under or in relation to this Act or a medicare program;
(b) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;
(c) any other person employed or engaged (however described) by a person described in paragraph (b) to provide services in connection with the services mentioned in that paragraph.
114 After section 130
Insert:
130AAA Authorisations and exemptions do not limit each other
An authorisation or exemption (however described) under section 129B, 129C, 129D, 129E, 129F or 130 does not limit, and is not limited by, any other authorisation or exemption under:
(a) that section or any other of those sections; or
(b) any other section of this Act.
130AAB References to the integrity or sustainability of a medicare program
(1) This section is made for the purposes of the following provisions:
(a) paragraph 129B(3)(a);
(b) paragraph 129C(3)(a);
(c) subparagraph 129E(3)(a)(i).
(2) For the purposes of each of those provisions, and the section in which the provision is located:
(a) a reference in the section to the purposes of the integrity or sustainability of a medicare program includes a reference to the need to ensure that access to the program is limited to circumstances where requirements or parameters (whether or not statutory) relating to the program are met; and
(b) a reference in the section to a collection, use or disclosure being for those purposes is taken to include a reference to the collection, use or disclosure being for the purposes of ensuring that the delivery of the program is not compromised by mistakes, misconduct, fraud or non‑compliance, including in relation to those requirements or parameters.
130AAC Information relating to deceased persons
Sections 129B, 129C, 129D, 129E, 129F, 130, 130AAA and 130AAB apply in relation to information relating to a deceased person in the same way as they apply in relation to information relating to a person who is not deceased.
National Health Act 1953
115 Subsection 4(1)
Insert:
disclose, in relation to information, includes divulge or communicate.
entrusted public official means any of the following:
(a) the Minister;
(b) the Chief Executive Medicare;
(c) the Secretary of a relevant Department;
(d) an APS employee in a relevant Department;
(e) a Departmental employee within the meaning of the Human Services (Medicare) Act 1973;
(f) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;
(g) any other person employed or engaged (however described) by a person described in paragraph (f) to provide services in connection with the services mentioned in that paragraph.
116 Subsection 4(1) (definition of Human Services Minister)
Repeal the definition.
117 Subsection 4(1)
Insert:
relevant Department means any of the following:
(a) the Department administered by the Minister who administers this Act;
(b) the Department administered by the Minister who administers the Dental Benefits Act 2008;
(c) the Department administered by the Minister who administers the Health Insurance Act 1973;
(d) the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997;
(e) the Department administered by the Minister who administers the Human Services (Medicare) Act 1973.
use, in relation to information, includes make a record of.
118 Paragraph 98E(2)(a)
Omit “make a record of, or divulge or communicate”, substitute “use, or disclose”.
119 Subsections 135A(1) to (5)
Repeal the subsections, substitute:
Offence,use or disclosure by officer outside course of duty
(1) A person (the relevant person) commits an offence if:
(a) the relevant person is or has been an officer; and
(b) the relevant person uses or discloses information; and
(c) the information:
(i) relates to the affairs of a person other than the relevant person; and
(ii) is obtained or generated by the relevant person in the performance of duties or functions, or in the exercise of powers, under this Act.
Penalty: Imprisonment for 2 years or 50 penalty units, or both.
(1A) Subsection (1) does not apply if the use or disclosure is:
(a) authorised or exempted under a provision of this Act; or
(b) otherwise required or authorised under an Australian law.
Note 1: The defendant bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code.
Note 2: For the purposes of this subsection, examples of provisions of this Act that authorise the use or disclosure of information include sections 135ABA, 135ABB and 135ABC.
Authorisation,performance of functions
(2) An officer may use or disclose information of a kind referred to in paragraph (1)(c):
(a) in the performance of duties or functions, or in the exercise of powers, under this Act or any other Act; or
(b) for the purpose of enabling the officer or any other person to perform duties or functions, or exercise powers, in relation to a medicare program; or
(c) in the case of disclosure to the Minister,for the purposes of the Minister’s performance of the Minister’s functions.
Authorisations,use or disclosure in public interest
(3) An officer may use or disclose information of a kind referred to in paragraph (1)(c) if:
(a) the Secretary or the Chief Executive Medicare certifies, by instrument in writing, that it is in the public interest to disclose the information to a specified person or body for a specified purpose; and
(b) the officer:
(i) discloses the information to the person or body for that purpose; or
(ii) uses the information for purposes related to such a disclosure.
Note: Information disclosed to a person under this subsection for a specified purpose must only be further used or disclosed for that purpose (see subsection (3G)).
(3A) The Secretary or the Chief Executive Medicare may, by instrument in writing, specify terms and conditions subject to which the information may be used or disclosed by the person.
(3B) Without limiting subsection (3A), the instrument may require the person to give an undertaking in writing with respect to the use or disclosure of the information by the person, which may include an undertaking not to disclose any of the information to any other person or body.
(3C) An instrument under paragraph (3)(a) or subsection (3A) is not a legislative instrument.
(3D) Subsection (3) has effect subject to rules made under subsection (3E) (if any).
(3E) The Minister may, by legislative instrument, make rules for the purposes of subsection (3D).
Authorisation,disclosing to prescribed person or body
(3F) An officer may disclose information of a kind referred to in paragraph (1)(c) to a person or body for a specified purpose if regulations made for the purposes of this subsection provide that:
(a) the person or body is a prescribed person or body; and
(b) the information is prescribed information; and
(c) the information may be provided to the person or body for that purpose.
Note: Information disclosed to a person or body under this subsection for a specified purpose must only be further used or disclosed for that purpose (see subsection (3G)).
Obligation on further use or disclosure of disclosed information
(3G) A person or body that receives information under subsection (3) or (3F) for a specified purpose must ensure that any further use or disclosure of the information is only for that purpose.
Authorisation,use or disclosure by officer in certain circumstances
(4) An officer may use or disclose information of a kind referred to in paragraph (1)(c) if:
(a) the information is lawfully in the public domain; or
(b) the person to whom the information relates has expressly or impliedly consented to the use or disclosure; or
(c) the use or disclosure is for the purpose of obtaining or providing legal advice; or
(d) if the disclosure is to a person or body,the information relates to that person or body; or
(e) if the disclosure (the present disclosure) is to a person or body,the information has lawfully been disclosed to that person or body previously (the previous disclosure), and the present disclosure is for the same purpose as the previous disclosure.
Authorisation,statistical information
(5) An officer may use or disclose information of a kind referred to in paragraph (1)(c) for the purpose of deriving or publishing statistics that do not enable the identification of any person (other than the Commonwealth, a State or a Territory).
120 Subsection 135A(5C)
Repeal the subsection.
121 Before subsection 135A(5D)
Insert:
Authorisation,data‑matching by a Commonwealth entity
122 Before subsection 135A(6)
Insert:
Authorisation,disclosing information relating to convictions etc.
123 Subsection 135A(6)
Omit “divulge any information acquired by an officer in the performance of duties, or in the exercise of powers or functions”, substitute “disclose any information acquired by an officer in the performance of duties or functions, or in the exercise of powers”.
124 Paragraph 135A(6)(ea)
Omit “a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997)”, substitute “a person engaged (whether as an employee or otherwise) by Services Australia”.
125 Before subsection 135A(7)
Insert:
Authorisation,disclosing certified information for purposes of certain laws or private health insurance
126 Paragraph 135A(7)(a)
Repeal the paragraph.
127 Subsection 135A(7)
Omit “duties, or in the exercise of powers or functions, under this Act, should be divulged, the Secretary may divulge”, substitute “duties or functions, or in the exercise of powers, under this Act, should be disclosed, the Secretary may disclose”.
128 Paragraph 135A(7)(g)
Repeal the paragraph.
129 Before subsection 135A(8)
Insert:
Restrictions on disclosing information relating to rendering of certain professional services
130 Subsection 135A(8)
Omit “divulged”, substitute “disclosed”.
131 Before subsection 135A(9)
Insert:
Offence,recipients of information relating to convictions etc. or certified information
(aa) in the case of the Chief Executive Centrelink or a person engaged (whether as an employee or otherwise) by Services Australia,in the performance of duties or functions, or in the exercise of powers, under an Act administered by the Minister administering the Human Services (Centrelink) Act 1997; or
135 Paragraphs 135A(9)(b) to (d)
Omit “duties, or in the exercise of powers or functions”, substitute “duties or functions, or in the exercise of powers”.
136 Subsection 135A(9)
Omit “divulge or communicate to any person, any information so divulged”, substitute “use, or further disclose to any person, any information so disclosed”.
137 Subsections 135A(10) to (12)
Repeal the subsections.
138 Subsection 135A(12A)
Omit “divulge”, substitute “disclose”.
139 Before subsection 135A(13)
Insert:
Offences,solicitation of certain information held by Department
140 Subsection 135A(14)
Repeal the subsection.
141 After subsection 135A(17)
Insert:
Offence,conduct relating to information unlawfully disclosed
(17A) A person commits an offence if:
(a) protected information is disclosed to the person; and
(b) the disclosure contravenes this section; and
(c) the person:
(i) in any way solicited the disclosure of the information to the person; or
(ii) discloses the information to another person; or
(iii) uses the information otherwise than by disclosing it to another person.
142 Paragraph 135A(18)(a)
Omit “(14)”, substitute “(17A)”.
143 Subsection 135A(19)
Omit “(14)”, substitute “(17A)”.
144 Before subsection 135A(20)
Insert:
Offences,offer to supply certain information held by Department
145 Before subsection 135A(22)
Insert:
Penalty for offences against solicitation, conduct relating to information unlawfully disclosed or offer to supply
146 Subsection 135A(22)
Omit “(14), (16)”, substitute “(16), (17A)”.
147 Subsection 135A(23)
Repeal the subsection.
148 Before subsection 135A(24)
Insert:
Definitions
149 Subsection 135A(24) (definition of court)
Repeal the definition.
150 Subsection 135A(24) (definition of indemnity legislation)
Repeal the definition.
151 Subsection 135A(24) (definition of officer)
Repeal the definition, substitute:
officer means any of the following:
(a) a person performing duties or functions, or exercising powers, under or in relation to this Act or a medicare program;
(b) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia;
(c) any other person employed or engaged (however described) by a person described in paragraph (b) to provide services in connection with the services mentioned in that paragraph.
152 Paragraphs 135AAA(2)(c) and (4)(c)
Omit “duties, or in the exercise of the powers or functions”, substitute “duties or functions, or in the exercise of the powers”.
153 Sections 135AA and 135AB
Repeal the sections, substitute:
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.
Note 2: For paragraphs (c), (d) and (e), additional requirements apply to disclosures for the purposes of statistical analysis, medical research, or research and development in relation to health, disability or aged care (see subsections (4) and (5)).
Additional matters for disclosures relating to research or statistics
(4) However, this section does not authorise a disclosure for the purposes of medical research if:
(a) a person (the identifiable person) is reasonably identifiable from the information that is proposed to be disclosed; and
(b) the person disclosing the information is not satisfied that:
(i) the identifiable person has given informed consent to the use and disclosure of the information for that research; or
(ii) the research is to be conducted in accordance with guidelines issued by the National Health and Medical Research Council under section 95 of the Privacy Act 1988.
(5) Before disclosing information under this section for the purposes of statistical analysis, medical research, or research and development in relation to health, disability or aged care, the person disclosing the information must consider the extent to which the disclosure complies with the data minimisation principle.
No interference with information handling for My Heath Record or data‑matching
(6) Nothing in this section prevents:
(a) the My Health Record System Operator including information to which this section applies in the My Health Record of a healthcare recipient; or
(b) the matching of information under subsection 132B(1) or the operation of Part VIIIA generally.
Definitions
(7) In this section:
agency has the same meaning as in the Privacy Act 1988.
data minimisation principle means the principle of only using or disclosing as much information to which this section applies as is reasonably needed to achieve the purpose of the use or disclosure of the information.
My Health Record has the same meaning as in the My Health Records Act 2012.
My Health Record System Operator has the same meaning as System Operator has in the My Health Records Act 2012.
Pharmaceutical Benefits Program means the program for supplying pharmaceutical benefits under Part VII of this Act.
135ABB Authorisations,dealings with officer obtained or generated information for program integrity etc.
(1) This section applies to information that:
(a) is obtained or generated by an officer (within the meaning of section 135A) in the performance of duties or functions, or in the exercise of powers, under this Act; and
(b) relates to the affairs of a person.
(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 a person who is or has been 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) the administration of a centrelink program (within the meaning of the Human Services (Centrelink) Act 1997);
(d) the administration of the following Acts:
(i) the Child Support (Assessment) Act 1989;
(ii) the Child Support (Registration and Collection) Act 1988.
Note: For paragraph (a), section 135ACC extends the meaning of the integrity or sustainability of a medicare program.
(4) However, this section does not authorise the following disclosures:
(a) disclosure by any of the following persons of information obtained as a result of a review or investigation under Part VAA of the Health Insurance Act 1973:
(i) a person appointed under Division 2 of that Part;
(ii) a member of staff or a consultant engaged under section 106ZM or 106ZP of that Act;
(iii) a person whose services are made available under section 106ZN of that Act;
(iv) a person providing services under section 106ZPL of that Act;
(v) any other person engaged (whether as an employee or otherwise) by the Professional Services Review to provide services in connection with the performance of duties or functions, or the exercise of powers, under that Part;
(b) disclosure, by a person consulted under section 90 of that Act, of information obtained in connection with that consultation.
Note: For paragraph (a), such persons include the Director or an Associate Director of Professional Services Review or a Panel member of the Professional Services Review Panel (all within the meaning of Part VAA of the Health Insurance Act 1973).
135ABC Authorisations,dealings with information for enforcement, public revenue or integrity purposes
(1) This section applies to information that:
(a) is obtained or generated by an officer (within the meaning of section 135A) in the performance of duties or functions, or in the exercise of powers, under this Act; and
(b) relates to the affairs of a person.
(2) An entrusted public official may use or disclose information for a purpose specified in subsection (3) if:
(a) the official reasonably believes that using or disclosing the information is necessary for that purpose; and
(b) for a disclosure of information,the disclosure is to an agency (within the meaning of the Privacy Act 1988) whose functions are directed at that purpose.
(3) The use or disclosure is authorised if it is for one or more of the following purposes:
(a) the enforcement of the criminal law;
(b) the enforcement of a law imposing a pecuniary penalty;
(c) the protection of the public revenue;
(d) an integrity purpose (within the meaning of the Crimes Act 1914).
154 Section 135AC (heading)
Repeal the heading, substitute:
135AC Authorisation,collection of particular health information under health law
155 After section 135AC
Insert:
135ACA Authorisation,use for authorised disclosure
(1) This section applies to information that:
(a) is obtained or generated by an officer (within the meaning of section 135A) in the performance of duties or functions, or in the exercise of powers, under this Act; and
(b) relates to the affairs of a person.
(2) A person may use information to which this section applies for the purpose of disclosing the information under section 135A, 135ABA, 135ABB or 135ABC.
135ACB Authorisations and exemptions do not limit each other
An authorisation or exemption (however described) under section 135A, 135AAA, 135ABA, 135ABB, 135ABC, 135AC or 135ACA does not limit, and is not limited by, any other authorisation or exemption under:
(a) that section or any other of those sections; or
(b) any other section of this Act.
135ACC References to the integrity or sustainability of a medicare program
(1) This section is made for the purposes of the following provisions:
(a) paragraph 135ABA(2)(a);
(b) paragraph 135ABB(3)(a).
(2) For the purposes of each of those provisions, and the section in which the provision is located:
(a) a reference in the section to the purposes of the integrity or sustainability of a medicare program includes a reference to the need to ensure that access to the program is limited to circumstances where requirements or parameters (whether or not statutory) relating to the program are met; and
(b) a reference in the section to a collection, use or disclosure being for those purposes is taken to include a reference to the collection, use or disclosure being for the purposes of ensuring that the delivery of the program is not compromised by mistakes, misconduct, fraud or non‑compliance, including in relation to those requirements or parameters.
135ACD Information relating to deceased persons
Sections 135A, 135AAA, 135ABA, 135ABB, 135ABC, 135AC, 135ACA, 135ACB and 135ACC apply in relation to information relating to a deceased person in the same way as they apply in relation to information relating to a person who is not deceased.
156 Application provision,information obtained or generated before, on or after commencement
(1) The following provisions, as amended or inserted by this Part, apply in relation to uses or disclosures of information on or after the commencement of this Part:
(a) subsections 130(1) and (18A) of the Health Insurance Act 1973;
(b) subsections 135A(1) and (17A) of the National Health Act 1953.
(2) Subject to subitem (1), the amendments made by this Part apply in relation to information obtained or generated in the performance of duties or functions, or in the exercise of powers, under any of the following Acts before, on or after the commencement of this Part:
(a) the Dental Benefits Act 2008;
(b) the Health Insurance Act 1973;
(c) the National Health Act 1953.
(3) The following provisions, as inserted by this Part, apply in relation to information held by an agency (within the meaning of the Privacy Act 1988) before, on or after the commencement of this Part:
(a) section 129B of the Health Insurance Act 1973;
(b) section 135ABA of the National Health Act 1953.
157 Transitional provision,instruments in force immediately before commencement
(1) An instrument made by the Minister under paragraph 130(3)(a) of the Health Insurance Act 1973 that is in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it had been made by the Secretary under paragraph 130(3)(a) of that Act as amended by this Part.
(2) Regulations made for the purposes of subsection 130(3A) of the Health Insurance Act 1973 that are in force immediately before the commencement of this Part continue in force (and may be dealt with) as if the regulations had been made for the purposes of subsection 130(3F) of that Act as amended by this Part.
(3) An instrument made by the Minister under paragraph 135A(3)(a) of the National Health Act 1953 that is in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it had been made by the Secretary under subsection 135A(3) of that Act as amended by this Part.
(4) Regulations made for the purposes of paragraph 135A(3)(b) of the National Health Act 1953 that are in force immediately before the commencement of this Part continue in force (and may be dealt with) as if the regulations had been made for the purposes of subsection 135A(3F) of that Act as inserted by this Part.
158 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the enactment of this Part.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in the following Act (the relevant Acts):
(i) this Act;
(ii) the Dental Benefits Act 2008;
(iii) the Health Insurance Act 1973;
(iv) the National Health Act 1953;
(e) directly amend the text of the relevant Acts.
Schedule 3,Amendments to reduce regulatory burden
Part 1,Removing risk of unintentional non‑compliance for private health insurance
Private Health Insurance Act 2007
1 At the end of section 72‑1
Add:
(4) If an amount of a benefit payable under an insurance policy does not meet the requirements in the table in subsection (2) merely because of the operation of subsection 10(4) of the Health Insurance Act 1973 (which rounds the calculation of a *medicare benefit), the amount of the benefit payable is taken to meet the requirements in the table in subsection (2).
Part 2,Facilitating digital identity verification for marriages
Marriage Act 1961
2 At the end of paragraph 42(1)(a)
Add “and”.
3 After subparagraph 42(1)(b)(iv)
Insert:
(iva) identification material of a kind prescribed by the regulations for the purposes of this subparagraph, showing the date and place of birth of the party; or
4 Subparagraph 42(1)(b)(v)
After “a current passport referred to in subparagraph (iii) or (iv)”, insert “or identification material referred to in subparagraph (iva)”.
5 Application of amendments
The amendments of section 42 of the Marriage Act 1961 made by this Part apply in relation to a notice that is given under that section after the commencement of this Part.
Part 3,Strengthening information sharing for more consistent regulatory outcomes
Division 1,Main amendments
Offshore Petroleum and Greenhouse Gas Storage Act 2006
6 Section 642 (at the end of the paragraph beginning “NOPSEMA also has functions”)
Add:
; and (c) information sharing.
7 Section 643
Insert:
declared oil pollution emergency has the same meaning as in Schedule 2A.
significant offshore petroleum incident has the meaning given by section 576A.
8 After paragraph 646(h)
Insert:
(ha) to provide information and things to other Commonwealth agencies or authorities;
(hb) to provide information and things for the purposes of the recipient managing or responding to:
(i) a serious situation relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380; or
(ii) a significant offshore petroleum incident in relation to which it has given a direction in accordance with section 576B; or
(iii) a declared oil pollution emergency;
9 Paragraphs 695B(1)(a) to (d)
Omit “and recommendations”, substitute “, recommendations and things”.
10 After paragraph 695B(1)(h)
Insert:
(ha) to provide information, assessments, analysis, reports, advice, recommendations and things to other Commonwealth agencies or authorities;
(hb) to provide information, assessments, analysis, reports, advice, recommendations and things for the purposes of the recipient managing or responding to:
(i) a serious situation relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380; or
(ii) a significant offshore petroleum incident (within the meaning of Division 2A of Part 6.2) in relation to which NOPSEMA has given a direction in accordance with section 576B; or
(iii) a declared oil pollution emergency (within the meaning of Schedule 2A);
11 Section 695S (paragraph (c))
Omit “the Chief Executive Officer of NOPSEMA”, substitute “the persons mentioned in paragraph (b)”.
12 Section 695T
Insert:
declared oil pollution emergency has the same meaning as in Schedule 2A.
significant offshore petroleum incident has the meaning given by section 576A.
13 After subsection 695U(5)
Insert:
Note: However, section 695WA does apply in relation to offshore information or a thing so obtained: see subsection (7) of that section.
14 After section 695W
Insert:
695WA Sharing offshore information or things for the purposes of managing or responding to certain events
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister has given a direction under section 380, relating to a serious situation in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence; or
(b) NOPSEMA has given a direction in accordance with section 576B in relation to a significant offshore petroleum incident; or
(c) the CEO has declared a declared oil pollution emergency.
Who may share and receive offshore information or things
(2) Any of the following persons may make offshore information or a thing relating to the situation, incident or emergency available to an agency or authority of the Commonwealth, or of a State or Territory (the recipient), that is responsible for emergency management coordination and response, to use as mentioned in subsection (4):
(a) the responsible Commonwealth Minister;
(b) the Secretary;
(c) the CEO;
(d) the Titles Administrator.
(3) The CEO may also make available offshore information or a thing to the Secretary (also the recipient) to use as mentioned in subsection (4).
Limitations on use by recipient
(4) The recipient may use the offshore information or thing in the course of the following:
(a) coordinating the management of, or responding to, the serious situation;
(b) coordinating the management of, or responding to, the significant offshore petroleum incident;
(c) coordinating the management of, or responding to, the declared oil pollution emergency.
(5) If offshore information or a thing is made available to a recipient under this section, the person who made the offshore information or thing available may, at any time, by written notice to the recipient, impose conditions in relation to:
(a) the recipient’s use of the offshore information or thing; or
(b) whether, and the extent to which, the recipient itself may make the offshore information or thing available to any other agency or person.
(6) A notice under subsection (5) is not a legislative instrument.
Section applies in relation to inquiries into significant offshore incidents (Part 9.10A)
(7) Despite subsection 695U(5), this section applies in relation to offshore information or a thing obtained in the course of the exercise of a power, or the performance of a function, under or for the purposes of Part 9.10A (inquiries into significant offshore incidents).
15 Section 695X (heading)
Repeal the heading, substitute:
695X Sharing offshore information or things with other agencies
16 Subsection 695X(1)
Omit “The CEO”, substitute “Any of the persons referred to in subsection 695W(1)”.
17 At the end of subsection 695X(2)
Add:
; (l) any other agency of the Commonwealth.
18 Subsection 695X(3)
Omit “CEO”, substitute “person who made the offshore information or thing available”.
19 Section 711
Insert:
declared oil pollution emergency has the same meaning as in Schedule 2A.
significant offshore petroleum incident has the meaning given by section 576A.
20 At the end of subsection 712(2)
Add:
; or (e) for any of the following purposes:
(i) coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
(ii) coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
(iii) coordinating the management of, or responding to, a declared oil pollution emergency.
(3) If the Titles Administrator makes the information available to a person for a purpose mentioned in paragraph (2)(e), the Titles Administrator may, at any time, by written notice to the person, impose conditions in relation to:
(a) the person’s use of the information; or
(b) whether, and the extent to which, the person may make the information available to any other person.
(4) A notice under subsection (3) is not a legislative instrument.
Administration of other Acts
(5) Despite subsection (2), the Titles Administrator may make the information available to an agency or authority of the Commonwealth for the purposes of the administration of one or more of the following Acts:
(a) the Environment Protection and Biodiversity Conservation Act 1999;
(b) the Environment Protection (Sea Dumping) Act 1981;
(c) the Offshore Electricity Infrastructure Act 2021.
(6) If the Titles Administrator does so, the agency or authority must not:
(a) make the information publicly known; or
(b) make the information available to any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).
21 At the end of subsection 713(2)
Add:
; or (e) for any of the following purposes:
(i) coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
(ii) coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
(iii) coordinating the management of, or responding to, a declared oil pollution emergency.
(3) If the Titles Administrator permits a person to inspect the sample for a purpose mentioned in paragraph (2)(e), the Titles Administrator may, at any time, by written notice to the person, impose conditions in relation to:
(a) the person’s use of the sample; or
(b) whether, and the extent to which, the person may permit any other person to inspect the sample.
(4) A notice under subsection (3) is not a legislative instrument.
Administration of other Acts
(5) Despite subsection (2), the Titles Administrator may permit an agency or authority of the Commonwealth to inspect the sample for the purposes of the administration of one or more of the following Acts:
(a) the Environment Protection and Biodiversity Conservation Act 1999;
(b) the Environment Protection (Sea Dumping) Act 1981;
(c) the Offshore Electricity Infrastructure Act 2021.
(6) If the Titles Administrator does so, the agency or authority must not:
(a) make publicly known any details of the sample; or
(b) permit any other person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect the sample.
22 At the end of subsection 715(2)
Add:
; or (e) for any of the following purposes:
(i) coordinating the management of, or responding to, a serious situation, relating to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, in relation to which the responsible Commonwealth Minister has given a direction under section 380;
(ii) coordinating the management of, or responding to, a significant offshore petroleum incident in relation to which NOPSEMA has given a direction in accordance with section 576B;
(iii) coordinating the management of, or responding to, a declared oil pollution emergency.
23 At the end of subsection 715(3)
Add:
; or (e) for any of the
This is an opening excerpt, not the complete document.