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Health Insurance Amendment Act 1996

  • - C2004A05066
  • No longer in force
Act No. 54 of 1996 as made
An Act to amend the Health Insurance Act 1973, and for related purposes
Originating Bill: Health Insurance Amendment Bill 1996
Date of Assent 08 Nov 1996
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

HEALTH INSURANCE AMENDMENT ACT 1996 No. 54, 1996

Making Information
- Assented to 8 November 1996

HEALTH INSURANCE AMENDMENT ACT 1996 No. 54, 1996 - TABLE OF PROVISIONS

Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1-Amendment of the Health Insurance Act 1973

HEALTH INSURANCE AMENDMENT ACT 1996 No. 54, 1996 - LONG TITLE

An Act to amend the Health Insurance Act 1973,
and for related purposes

HEALTH INSURANCE AMENDMENT ACT 1996 No. 54, 1996 - SECT 1
1 Short title

This Act may be cited as the Health Insurance Amendment Act 1996.


(Minister's second reading speech made in-
Senate on 8 May 1996
House of Representatives on 30 October 1996)

HEALTH INSURANCE AMENDMENT ACT 1996 No. 54, 1996 - SECT 2
2 Commencement

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.


(2) Subject to subsection (3), Schedule 1 commences on a day to be fixed by Proclamation.


(3) If Schedule 1 does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

HEALTH INSURANCE AMENDMENT ACT 1996 No. 54, 1996 - SECT 3
3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

HEALTH INSURANCE AMENDMENT ACT 1996 No. 54, 1996 - SCHEDULE 1

Schedule 1-Amendment of the Health Insurance Act 1973
1 After Part IV
Insert:
Part IVA-Australian Childhood Immunisation Register
46A Definitions
In this Part:
Australian Immunisation Procedures Handbook means the latest
edition of the Australian Immunisation Procedures Handbook published
by the Australian Government Publishing Service.
authorised, in relation to a person to whom information may be
given in accordance with paragraph 46E(1)(e), means a person who is
authorised under subsection 46E(2).
building society account means an account:
(a) that is kept by a person with an organisation registered as a
permanent building society under a law of a State or Territory; and
(b) into which money received on deposit by the organisation from
the person is paid.
child means a child under the age of 7 years.
credit union account means an account:
(a) that is kept by a person with an organisation registered as a
credit union under the law of a State or Territory; and
(b) into which money received on deposit by the person is paid.
immunisation means the process of administering to a child for the
purpose of immunising the child:
(a) a vaccine that is registered under section 17 of the
Therapeutic Goods Act 1989; or
(b) a vaccine that is:
(i) exempt goods within the meaning of that Act; or
(ii) approved under section 19 of that Act.
immunisation encounter means the immunisation of a child against a
vaccine preventable disease by a recognised immunisation provider.
information includes information contained in a record that is
kept by the Commission in relation to the immunisation of children
against vaccine preventable diseases by recognised immunisation
providers, including the names and addresses of children, the date
and nature of the immunisation of each child and the identity and
addresses of providers and particulars of immunisations provided by

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them, but:
(a) in paragraphs 46E(1)(a) and (b), does not include information
as to the address of a child or of a parent or guardian of the
child; and
(b) in paragraphs 46E(1)(d) and (e), does not include information
about a child or a parent or guardian of the child, if the parent or
guardian, or another person exercising responsibilities in relation
to the health of the child, has told the Commission in writing that
he or she does not wish to be notified when the child needs to be
immunised.
prescribed body means a body prescribed by the regulations for the
purposes of this Part.
purpose relating to the immunisation or health of children means
any of the following purposes:
(a) the recording of information about the immunisation of
children;
(b) the recording of information about recognised immunisation
providers;
(c) the use of information so recorded to determine:
(i) if a particular child has been immunised and, if so, when
the last immunisation took place and the diseases against which the
child was immunised; or
(ii) when a particular child needs to be immunised;
(d) the notification to a parent or guardian of a child, or to
another person exercising responsibilities in relation to the health
of a child, as to when the child needs to be immunised.
recognised immunisation provider means a person who is recognised
by the Commission as a provider of immunisation to children.
the Register means the Australian Childhood Immunisation Register
kept under section 46B.
vaccine preventable disease means:
(a) diphtheria, Haemophilus influenzae type b (Hib), measles,
mumps, pertussis, poliomyelitis, rubella, tetanus and any other
disease that is prescribed by the regulations for the purposes of
this paragraph; and
(b) in relation to a child for whom the Australian Immunisation
Procedures Handbook recommends vaccination against hepatitis B and
tuberculosis-hepatitis B and tuberculosis.
46B Commission's functions in relation to the Register
The Commission's functions include the following:
(a) to establish and keep a register known as the Australian
Childhood Immunisation Register;
(b) to record in the Register all immunisation encounters that are
notified to the Commission by recognised providers or prescribed
bodies;
(c) in accordance with subsection 46E(1), to use information
contained in the Register for purposes relating to the immunisation
or health of children;
(d) to make a payment to:
(i) a recognised immunisation provider, or another person
authorised by that provider to receive the payment; or
(ii) the authority of a State or Territory whose functions
include the registration of deaths in the State or Territory; or
(iii) any other prescribed authority of a State or Territory
that notifies the Commission about the deaths of children;
in relation to the administrative costs incurred by the provider or
authority in notifying the Commission about:
(iv) in respect of a provider-an immunisation encounter of the
provider; and
(v) in any case-the death of a child in relation to whom there
is an entry in the Register.
46C How Register is to be kept
(1) The Commission may use the database of medicare enrolments
held by the Commission to establish and update the Register.
(2) The Commission may establish and keep the Register in a
computerised form.
46D Provisions relating to making of payments
(1) This section has effect for the purposes of payments under
paragraph 46B(d).
(2) Subject to the following provisions of this section, an amount
that is to be paid must be paid to the credit of a bank account,
credit union account or building society account nominated by the
recognised immunisation provider or by the authority.
(3) If the provider or authority has not nominated an account for
the purpose of subsection (2), then, subject to subsections (4) and
(6), the amount is not to be paid.
(4) If:
(a) an amount has not been paid because of subsection (3); and
(b) the provider or authority then nominates an account for the
purposes of subsection (2);

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the amount must be paid under subsection (2).
(5) The Managing Director of the Commission may direct that the
whole or a part of an amount that is to be paid to the provider or
authority is to be paid in a manner stated in the direction that is
not in accordance with subsection (2).
(6) If the Managing Director gives a direction under subsection
(5), the amount must be paid in accordance with the direction.
(7) If a payment is more than the amount that should have been
paid, the Commission may, in relation to a later payment to or for
the provider or authority concerned, reduce the amount paid to or
for the provider or authority by an amount that is not more than the
amount of the overpayment.
46E Powers of Managing Director of the Commission
(1) For the purposes of the performance of the Commission's
functions under section 46B, the Managing Director of the Commission
may:
(a) give information, other than information that would enable
identification of a particular child, about the immunisation of
children to:
(i) a recognised immunisation provider for a purpose relating to
the immunisation or health of a child; or
(ii) a prescribed body for such a purpose; or
(iii) an officer of the Department; or
(iv) an officer of a Department, or of an authority, of a State
or Territory who has requested the information; and
(b) if:
(i) a recognised immunisation provider requests information
about the immunisation of a particular child for a purpose relating
to the immunisation or health of the child; and
(ii) a parent or guardian of the child consents to that
information being given to the recognised immunisation provider;
give the information to the recognised immunisation provider for
that purpose; and
(c) post a document containing information about the immunisation
of a child to a parent or guardian of the child, at the address of
the child that is known to the Commission; and
(d) if an officer of the Department requests information about the
immunisation of children for a purpose relating to the immunisation
or health of children-give the information to the officer for that
purpose; and
(e) if:
(i) a recognised immunisation provider who is authorised; or
(ii) a prescribed body;
requests information about the immunisation of children for a
purpose relating to the immunisation or health of children-give the
information to the authorised provider, or to an authorised officer
or employee of the body, as the case may be, for that purpose.
(2) The Managing Director of the Commission may authorise a person
who is:
(a) a recognised immunisation provider; or
(b) an officer or employee of a prescribed body;
to receive information under paragraph (1)(e) if the person has
agreed in writing that, even if the person ceases to be such a
provider or such an officer or employee, as the case requires, he or
she:
(c) will not use the information except for the purpose for which
the information is given to him or her; and
(d) will not, either directly or indirectly, give the information
to another person; and
(e) will ensure that any record of the information that is in his
or her possession is protected by security safeguards that it is
reasonable in the circumstances to take against loss of the record
or misuse of the information.
(3) For the purposes of an agreement made by a person under
subsection (2), the reference in paragraph (2)(c) to the using of
information, and the reference in paragraph (2)(d) to the giving of
information, do not include a reference to:
(a) the giving of information to a court under a legal
requirement; or
(b) if the person is a recognised immunisation provider-the giving
of information that needs to be given in the performance of the
function of immunising children; or
(c) if the person is an officer or employee of a prescribed
body-the giving of information that the person needs to give in the
course of performing duties or functions, or exercising powers, as
an officer or employee of the body for purposes relating to the
immunisation or health of children.
2 Saving
The Australian Childhood Immunisation Register that was,
immediately before the commencement of item 1, kept under regulation
3 of the Health Insurance Commission Regulations is taken to be kept
under the Part inserted in the Health Insurance Act 1973 by that
item.
3 After subsection 130(3A)
Insert:
(3B) A person to whom information is given under paragraph
46E(1)(b), (d) or (e) must not use the information except for the
purpose for which it was requested.
Penalty: 5 penalty units.
(3C) Subject to subsection (3E), a person to whom information is
given under subparagraph 46E(1)(a)(i), (ii) or (iv), paragraph
46E(1)(b) or subparagraph 46E(1)(e)(ii), and any person or employee
under the control of the first-mentioned person, must not, directly
or indirectly, divulge any of the information to any person.
Penalty: 5 penalty units.
(3D) Subsection (3C) continues to apply:
(a) in respect of information that was given to a person under
subparagraph 46E(1)(a)(i) or paragraph 46E(1)(b), even though the
person has ceased to be recognised by the Commission as a provider
of immunisation to children; and
(b) in respect of information that was given to an officer of a
Department, or of an authority, of a State or Territory to whom the
information was given under subparagraph 46E(1)(a)(iv), even though
the person has ceased to be such an officer; and
(c) in respect of information that was given to an officer or
employee of a body to whom the information was given under
subparagraph 46E(1)(a)(ii) or (e)(ii), even though the person has
ceased to be such an officer or employee.
(3E) Subsection (3C) does not apply to the divulging of
information by a person if:
(a) where the information is divulged by a person referred to in
subparagraph 46E(1)(a)(i) or paragraph 46E(1)(b)-the divulging of
the information is necessary for the purposes of the performance by
the person of his or her functions as a provider of immunisation to
children; or
(b) where the information is divulged by an officer of a
Department or authority referred to in subparagraph 46E(1)(a)(iv) or
of a body referred to in subparagraph 46E(1)(a)(ii) or (e)(ii)-the
divulging of the information is necessary for the purposes of the
performance of his or her duties and functions, or the exercise of
his or her powers, in relation to the immunisation of children as an
officer of the Department or authority, or of the body, as the case
may be.
(3F) A prescribed body referred to in subparagraph 46E(1)(e)(ii)
must, in relation to any record in the possession of an officer of
the body that contains information disclosed to him or her under
that subparagraph, ensure that the record is protected, by any
security safeguards that it is reasonable in the circumstances to
take, against loss, against unauthorised access, use, modification
or disclosure, and against other misuse.
Penalty: 5 penalty units.
4 At the end of subsection 130(11)
Add "or section 46E".
5 Subsection 130(13)
After "(7)", insert "or section 46E".
6 Subsection 130(25)
After "section", insert ", unless the contrary intention appears".