Senate

Revised Explanatory Memorandum

(Circulated by authority of Senator the Hon Katy Gallagher, Minister for Finance)

GENERAL OUTLINE

The Regulatory Reform Omnibus Bill 2025 (the Bill) supports a 'tell us once' approach to government service delivery, improves access to government services, reduces regulatory burden on Australians and businesses, and increases efficiency of government services and regulation to boost productivity and economic growth across the Australian economy. The Bill takes a whole-of-government approach to reform by amending or repealing outdated administrative provisions, and supporting increased efficiency and better service delivery from a broad range of Commonwealth regulators and agencies.

The challenges of outdated administrative legislative provisions have been highlighted by regulators reporting that outdated provisions can be a constraint on regulator effectiveness and prevent regulators from engaging with businesses and supporting compliance in a modern and flexible way.

The Government has committed to boosting productivity, reducing duplicative processes and improving the quality of regulation by modernising outdated rules and improving regulator performance. Regulation that is fit-for-purpose and effectively administered is vital to support a safe and prosperous community. However, regulation that is excessive or obsolete can become burdensome and needlessly cause frustration or suppress economic growth without a clear benefit.

The Bill strikes the right balance to make regulation fit-for-purpose and enable growth and productivity across the Australian economy.

The Bill delivers regulatory reform with four themes:

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Schedule 1: Amendments to support a 'tell us once' approach to government service delivery.

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Schedule 2: Amendments to improve or maintain access to government services.

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Schedule 3: Amendments to reduce regulatory burden

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Schedule 4: Amendments to increase government efficiency and improve productivity.

It also contains a Schedule of minor and technical amendments which clarify the operation of legislation (Schedule 5: Other amendments).

Schedule 1: Amendments to support a 'tell us once' approach to government service delivery

A 'tell us once' approach is intended to support sharing and use of information provided to government, reducing the need for Australians to repeatedly provide the same information.

Information sharing restrictions, enshrined in legislation, are vital to protecting the privacy of Australians. However, when they become out of date, they can affect the efficiency and quality of the services Australians receive when they are in need.

Current legislation includes unnecessarily narrow information sharing provisions which do not sufficiently facilitate government agencies in sharing information to provide services across different programs. Requiring Australians to provide the same information, or tell their story repeatedly, adds stress and delay to the process of accessing vital government services. This problem is exacerbated when a Commonwealth agency, such as Services Australia, has already been given information for the purposes of one program, but cannot easily share that information with another program for the purposes of providing further services to the individual.

Under the amendments in the Bill, Services Australia will have a wider set of circumstances where it is able to share information within the agency for the purposes of administering the Centrelink, Medicare and Child Support programs. This information could include name, address, bank account details, relationship status/partner details, child/care of child details, or information about a person's circumstances or vulnerabilities. The Bill simplifies the arrangements for sharing information between the Centrelink, Medicare and Child Support programs so Services Australia can provide an improved customer experience. In addition to the Centrelink and Child Support-related information sharing amendments contained in Part 3 of Schedule 1 of this Bill, there are complementary amendments to the Health Insurance Act 1973 (Health Insurance Act) and the National Health Act 1953 (National Health Act) contained in Part 2 of Schedule 5.

In practice, when implemented through systems changes these amendments may mean that individuals may no longer need to contact Services Australia multiple times to update their personal details, such as a change of address or relationship status, across different programs.

For example, many Australians are customers of both Medicare and Centrelink. When they update their bank account details, they may notify Centrelink but not Medicare. Under current arrangements, Services Australia is unable to routinely share this information between the two programs. The proposed changes would support overcoming this limitation, allowing Services Australia to deliver better connected services.

At the time of drafting there were approximately 980,000 Australians owed unpaid Medicare benefits totalling over $270 million. These amendments will allow the Medicare program to access payment destination details from Centrelink for customers who receive services under both programs. This will support the delivery of unpaid Medicare benefits to people who may not even know they have an unpaid entitlement.

Removing barriers to supporting the introduction of a 'tell us once' approach to services across Government will support Commonwealth agencies and regulators to deliver better services enabling a more seamless experience for customers.

'Tell us once' improvements to regulatory settings made by Schedule 1 of the Bill will:

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Make it easier for Australians to use digital solutions to reliably prove their citizenship status, thereby making it easier to access services

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Improve the use of healthcare identifiers to support better healthcare service delivery.

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Improve the legislative arrangements for sharing protected information internally within Services Australia to deliver a more seamless experience for customers.

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Clarify the ability of Services Australia to more easily transfer recipients to a new social security payment or concession card, when they have already been assessed against identical qualification or payability criteria for their existing payment or card.

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Simplify processes for reissuing non-income tested seniors health cards to Australians who have lost, and subsequently regained, eligibility due to portability requirements or being in receipt of a means-tested social security payment.

Schedule 2: Amendments to improve or maintain access to government services

Many Australians rely on government services to support themselves and access healthcare services. The Bill improves the regulatory settings around key health care services and the ACCS (child wellbeing) a form of Additional Child Care Subsidy. These improvements will bolster access to these services and remove current regulatory settings that impede access of efficient administration of these services.

These changes would have real and immediate benefits for Australians.

When patients need multiple diagnostic imaging services their primary health provider can use one form to make multiple requests. However, all these services must be accessed within 7 days. If not, the patient must return to their health provider for a new request. This is a short timeframe that doesn't appreciate the reality of life and that access to some services can be delayed for reasons beyond the patient's control.

The Bill doubles the access period from 7 to 14 days. This will immediately provide easier access to health services for Australians and mean they don't need to return to their primary health provider to have the same referral completed again.

Improvements to regulatory settings which improve or maintain access to government services under by Schedule 2 of the Bill are:

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Amending the language used to describe eligibility for the ACCS (child wellbeing) payment

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Increasing the statutory time period for patients to access diagnostic imaging services.

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Addressing gaps that allow an Approved Collection Centre's to maintain its status even if it is not performing the pathology services it is approved to provide.

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Addressing gaps that allow pharmacists to continue claiming PBS benefits where their registration to practice as a pharmacist has been suspended or cancelled or where breaches of their conditions of approval have occurred.

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Enabling greater information sharing between Commonwealth agencies involved in administering Medicare payments and functions.

Schedule 3: Reducing the regulatory burden on Australians and businesses

When well balanced, regulation provides vital protections to the Australian community. However, when outdated or needlessly prescriptive, they may drive up costs for Australians and businesses who have to navigate them. Schedule 3 of the Bill modernises and updates some key provisions and enables better information sharing between regulators to reduce the burden on business and individuals.

Under the current law a marriage celebrant must verify the identities of the parties to a marriage before solemnising it. To overcome any limitations of physical copies and minimise any administrative burden the Bill will allow marriage celebrants to use digital identity solutions to verify identity instead of relying on physical copies only. This recognises that digital identity solutions will only become more available and cost-effective as technology advances, and enable them to be used in the future to reduce the regulatory burden on couples looking to marry.

Improvements to the regulatory burden made by Schedule 3 are:

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Amending private health insurance legislation to remove the possibility of insurers breaching the law on a rounding technicality.

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Removing barriers to allow marriage celebrants to choose to accept digital forms of identity verification when solemnising a marriage.

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Allowing petroleum and environmental regulators to share information to avoid needing to collect information from industry more than once and to support better coordination across petroleum regulators.

Schedule 4: Amendments to increase government efficiency and improve productivity

Regulation which is not fit for purpose can impact productivity in the economy by requiring individuals and businesses to devote time to navigating it. Outdated regulation also drives-up compliance costs by not being adapted to the contemporary regulatory environment.

This also applies to regulation which requires Commonwealth agencies to devote time and resources on bureaucratic tasks that do not achieve proportionate outcomes for the investment. Amending these regulatory provisions frees up time and resources which can be directed into delivering better services and undertaking the work Australians need.

The Bill amends the National Broadband Network Companies Act 2011 (NBN Companies Act) to remove references to Geoscience Australia's 'national map'. The Act currently requires the Secretary to make mapping data available to the national map, which includes data about premises connected or due to be connected to the National Broadband Network (NBN). The 'national map' was decommissioned on 30 June 2025, which removes this critical source of updates and transparency on the progress of the NBN.

The Bill amends the Act to instead require the Secretary to make NBN mapping publicly available online. This ensures that the Australian community will continue to have visibility and transparency of the NBN as it continues to be rolled out and upgraded over the coming years.

The Bill makes key amendments to the Commonwealth's regulation of critical fuels to enable more targeted responses to shortages. Australia's economy and economic growth depends on reliable supply of critical fuels. Legislation currently provides several mechanisms to support the Commonwealth to ensure this reliable supply. These mechanisms currently include the Minimum Stockholding Obligation (MSO).

The Bill amends the Minimum Stockholding Obligation for fuel importers and refiners to provide the relevant Minister with additional tools to manage critical fuel shortages and ensure Australia is not hampered by temporary shortages.

The Bill additionally facilitates information-gathering to enable the Commonwealth to monitor and regulate fuel security. Fuel-related products critical to Australia's trucking industry, diesel exhaust fluid and technical grade urea, will be brought within mandatory reporting requirements. Information about Australia's fuel markets and stocks will be able to be collected by the Commonwealth where there is a threat to Australia's national fuel security.

Improvements to government efficiency made by Schedule 4 are:

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Allowing the Australian Communications and Media Authority to more efficiently delegate ordinary administrative functions.

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Allowing the Department of Defence to more efficiently delegate powers and decisions relating to the Woomera Prohibited Area.

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Repealing redundant legislation that is no longer fit-for-purpose.

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Updating outdated legislation which will ensure NBN mapping data remains publicly available.

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Updating legislation to ensure the Government is well placed to efficiently respond to potential shortages of critical fuels.

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Updating legislation to recognise the needs of Australia's renewable energy transition

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Providing more consistency across social security legislation to streamline Government processes.

Schedule 5: Other amendments

Amendments that clarify the operation of legislation contained in Schedule 5 include:

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Adding in a subheading into the Social Security Act 1991 (Social Security Act)

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Renaming the pension loans scheme

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Clarifying the operation of the legislative regime for attributing employment income received by a person under Division 1AA of Part 3.10 of the Social Security Act.

Financial impact statement

The Bill nominally returns $42.6 million to the Consolidated Revenue Fund for the financial year 2025-26 by repealing the Early Years Quality Fund Special Account. There would be no financial impacts to the Consolidated Revenue Fund as the balance has been quarantined since 2019 and is not included in expenditure estimates.

The other measures in the Bill have nil financial impact on the Consolidated Revenue Fund.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights has been completed in relation to the Bill. It has been assessed that the amendments are compatible with Australia's human rights obligations. A copy of the Statement of Compatibility with Human Rights is at Attachment A .

GLOSSARY

NOTES ON CLAUSES

Preliminary

Item 1 provides for the short title of the Bill upon its enactment by the Parliament to be the Regulatory Reform Omnibus Act 2025.

Item 2 provides for the commencement of each provision in the Bill as set out in the table. The table provides that sections 1 to 3 and anything in the Act not covered elsewhere in the table will commence the day the Bill receives Royal Assent.

Schedule 1, Part 1 will commence the day after the Bill receives the Royal Assent.

Schedule 1, Part 2, Divisions 1 – 3 will commence the day after the Bill receives the Royal Assent.

Schedule 1, Part 2, Division 4 will commence on 1 February 2027.

Schedule 1, Part 2, Divisions 5 – 12 will commence the day after the Bill receives the Royal Assent.

Schedule 1, Parts 3 – 5 will commence the day after the Bill receives the Royal Assent.

Schedule 2, Part 1 will commence on the later of 1 July 2026, or six months after the Bill receives the Royal Assent.

Schedule 2, Part 2 will commence on the later of 1 July 2026, or the day after the Bill receives the Royal Assent.

Schedule 2, Parts 3 – 5 will commence the day after the Bill receives the Royal Assent.

Schedule 3 will commence the day after the Bill receives the Royal Assent.

Schedule 4, Parts 1 – 4 will commence the day after the Bill receives the Royal Assent.

Schedule 4, Part 5, Division 1 will commence the day after the Bill receives the Royal Assent.

Schedule 4, Part 5, Division 2 will commence on the later of 1 July 2026, or the day after the Bill receives the Royal Assent.

Schedule 4, Part 5, Divisions 3 – 4 will commence the day after the Bill receives the Royal Assent.

Schedule 4, Part 6 will commence the day after the Bill receives the Royal Assent.

Schedule 4, Part 7, Divisions 1 – 6 will commence the day after the Bill receives the Royal Assent.

Schedule 4, Part 7, Division 7 will commence on 19 March 2026 – however, the provisions do not commence at all if the Bill does not receive the Royal Assent before 19 March 2026.

Schedule 5 will commence the day after the Bill receives the Royal Assent.

Item 3 provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule and any other item in a Schedule operates according to its terms.

Schedule 1 – Amendments to support a 'tell us once' approach to government service delivery

Part 1—Electronic evidence of citizenship

Division 1—Amendments

Australian Citizenship Act 2007

Item 1 amends the heading of section 38 of the Australian Citizenship Act 2007 (Citizenship Act) to insert the word "physical" after the word "of". This amendment is necessary to reflect the amendments made by items 2 and 3 (below) regarding the surrender of physical notices of evidence of Australian citizenship under section 38.

Item 2 inserts new paragraph 38(1)(c) at the end of paragraph 38(1)(b) of the Citizenship Act. This amendment makes clear that a notice, being a notice stating a person is an Australian citizen at a particular time (subsection 37(2)), was given to the person in a physical form. This distinguishes physical notices from those given in digital form, which are made possible by these amendments. The effect of this amendment is that if the Minister makes a decision to revoke a person's Australian citizenship under section 34 or 34A of the Citizenship Act, and a notice in force at the time of revocation was issued to the person in physical form, the Minister may request the person to surrender the notice to the Minister.

Item 3 amends subsection 38(2) of the Citizenship Act to insert, after "section 37", the words "and the notice was given to the person in a physical form". Similar to item 2, this amendment distinguishes physical notices from those given in digital form. The effect of this amendment is that if the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37, and the notice was given in a physical form, the Minister may request the person to surrender the notice to the Minister.

Electronic Transactions Act 1999

Item 4 repeals subparagraph 2(1)(b)(iii) of Schedule 1 to the Electronic Transactions Act 1999 (Electronic Transactions Act). This amendment facilitates notices being given in digital format under section 37 of the Citizenship Act. Clause 2 of Schedule 1 to the Electronic Transactions Act lists citizenship documents which are exempt from the operation of section 11 of the Electronic Transactions Act (see subsection 11(5)). Section 11 generally provides that a person may satisfy a requirement or permission to produce a document that is in the form of paper by using an electronic communication that complies with the requirements specified in that section. The exemption of the specified citizenship documents in clause 2 disapplies the operation of section 11 in relation to these documents. The purpose of this amendment is to remove the exemption in subparagraph 2(1)(b)(iii) to facilitate applications for, and the giving of, digital notices of evidence of Australian citizenship. This change is aimed at enhancing the citizenship program's ability to deliver services to applicants, reduce costs associated with issuing physical notices of evidence, and harness the benefits of increasingly sophisticated security features only available to electronic records.

Item 5 amends subparagraph 2(1)(b)(iv) of Schedule 1 to insert after the word "citizenship" the words "if the notice was given to a person in a physical form". The purpose of this amendment is to make clear that where a document is required or permitted to be produced in connection with the cancellation or surrender of a notice of evidence of citizenship, and that notice was given in physical form, such documents are exempt from the operation of section 11 of the Electronic Transactions Act. This amendment works to maintain existing arrangements in relation to the cancellation or surrender of physical notices. The amendment is necessary to distinguish physical notices from those given in digital format and maintains consistency with section 38 of the Citizenship Act.

Item 6 provides that the amendments made by Part 1, Division 1 of Schedule 1 apply in relation to an application for evidence of a person's Australian citizenship made, but not yet decided before commencement, or made on or after the commencement of this Part.

Division 2—Applications for evidence of citizenship

Australian Citizenship Act 2007

Item 7 inserts new subsection 46(1AA) after subsection 46(1) of the Citizenship Act. This amendment provides that paragraphs 46(1)(a) and (b) do not apply to an application made under section 37 (evidence of Australian citizenship) if the application is made in a manner prescribed by the regulations and contains the information prescribed by the regulations. Paragraphs 46(1)(a) and (b) provide that an application under the Citizenship Act must be on the relevant form approved by the Minister and contain the information required by the form. The purpose of this amendment is to facilitate the Australian Citizenship Regulation 2016 specifying more flexible application requirements when applying for evidence of citizenship. This is to support the development of digital solutions to streamline administrative processes and provide greater accessibility for citizens seeking to apply for evidence of their Australian citizenship.

Item 8 inserts new subsection 46(2B) after subsection 46(2A). This amendment provides that subsection 46(2A) does not apply to an application made under section 37 (evidence of Australian citizenship) if the application is made in a manner prescribed under paragraph (1AA)(a) and contains the information prescribed under paragraph (1AA)(b) (as inserted by item 7). Subsection 46(2A) requires that an application made by a child aged under 16 must be set out on a form that contains no other application, or on a form that also contains an application by one responsible parent of the child. The effect of this amendment is that an application by a child aged under 16 need not satisfy the requirements in subsection 46(2A) if the application is made in a manner prescribed by the regulations and contains the information prescribed by the regulations. The purpose of this amendment is to facilitate the Australian Citizenship Regulation 2016 specifying more flexible application requirements when applying for evidence of citizenship, including applications made by children under 16.

Item 9 provides that the amendments made by Part 2, Division 2 of Schedule 1 apply in relation to an application for evidence of a person's Australian citizenship made on or after the commencement of this Part.

Part 2 – Enhancing use and adoption of healthcare identifiers ^[1]

Division 1 – Healthcare Provider Directory

Healthcare Identifiers Act 2010

Item 10 amends subsection 5(1) to insert the definition of 'Healthcare Provider Directory Operator' to have the meaning given by section 6A.

Item 11 inserts new section 6A to provide that 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.

Section 6 provides that the Chief Executive Medicare is the service operator for the purposes of the Healthcare Identifiers Act 2010 (Healthcare Identifiers Act). The new section 6A provides flexibility by enabling the regulations to prescribe another body as the operator of the Healthcare Provider Directory where that body is established by a law of the Commonwealth. If no other body is prescribed, the service operator remains the operator of the Healthcare Provider Directory.

If a body other than the service operator is prescribed as operator of the Healthcare Provider Directory, other provisions in this Bill authorise that body to handle healthcare provider identifiers and identifying information strictly for the purposes of the Healthcare Provider Directory set out in the Healthcare Identifiers Act and the Healthcare Identifiers Regulations. As a Commonwealth body, the Healthcare Provider Directory Operator would also be subject to the information protection requirements in the Privacy Act 1988 (Privacy Act).

Items 12 - 15 amend subsections 7(1) and 7(2). Subsections 7(1) and (2) provide a list of attributes that comprise identifying information of individual healthcare providers and provider organisations if the service operator requires such information for the purpose of performing the service operator's functions under the Healthcare Identifiers Act in relation to the healthcare provider or provider organisation.

These items amend those subsections to include reference to the Healthcare Provider Directory Operator in addition to the service operator, meaning that the identifying information may be used by the Directory Operator if required for the purposes of the Healthcare Provider Directory.

Items 16 - 18 - repeal paragraph 9A(8)(c), subparagraph 9A(8)(e)(iv) and paragraph 9BA(3)(c) that require the organisation maintenance officer of a healthcare provider organisation or healthcare support service provider to update the service operator about the organisation's current details for the purposes of the Healthcare Provider Directory. Note that section 9BA is a new section to be introduced into the Healthcare Identifiers Act by the Aged Care and Other Legislation Amendment Act 2025 (Aged Care Amendment Act) scheduled to take effect on 1 November 2025.

A new regulation-making power under section 31AA inserted by this Bill will enable the regulations to prescribe requirements for identified healthcare providers to maintain information about the provider in the Directory. It is intended that regulations made under the new power would prescribe requirements for ensuring that relevant details of healthcare providers remain current.

Item 19 repeals subsections 31(1) to (3) and substitutes new provisions.

Subsection 31(1) Requirement to establish and maintain the Healthcare Provider Directory

Subsection 31(1) currently requires the service operator to establish and maintain the Healthcare Provider Directory. This new subsection provides for the Healthcare Provider Directory Operator, as defined by other amendments in this Bill, to establish and maintain a record of the professional and business details of identified healthcare providers, known as the Healthcare Provider Directory. Identified healthcare providers are defined in section 5 of the Healthcare Identifiers Act to mean individual healthcare providers, healthcare provider organisations and healthcare support service providers. Healthcare support service providers are a new category of provider organisations eligible to be assigned a healthcare identifier, following amendments made by the Aged Care Amendment Act.

Subsection 31(2) Purposes of the Healthcare Provider Directory

Subsection 31(2) outlines the purposes of the Healthcare Provider Directory as follows:

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to make professional and business details of healthcare providers available to entities that are authorised to access the Directory;

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to enable communication between entities that are authorised to access the Directory and healthcare providers about healthcare and support services, and for health administration purposes; and

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any other purpose prescribed by the regulations.

Access to the Healthcare Provider Directory will be restricted to trusted entities whose identities have been verified by the Healthcare Identifiers Service and require access to the Directory as part of their role. It is proposed that entities authorised to access and view information in the Healthcare Provider Directory will be limited to identified healthcare provider individuals and organisations (these entities are currently able to access the Directory), along with health administration entities. Health administration entities may be determined by the relevant Minister under section 7B of the Healthcare Identifiers Act, inserted by the Aged Care Amendment Bill. These entities will require access to provider information in the Directory for health administration purposes.

'Health administration' is defined in section 7A of the Healthcare Identifiers Act, also inserted by the Aged Care Amendment Act, to mean a broad range of activities related to the administration, management and delivery of healthcare and support services. This includes creating and maintaining records of healthcare or support services provided, complaints handling, claims and payments, documenting participation in health-related programs and support services, statistical research, trend analysis, workforce planning and population health and research.

Health administration is not confined to providing healthcare to particular healthcare recipients and includes activities that directly or indirectly support the delivery of healthcare.

Initially at least, the other new category of healthcare support service provider organisations will not have access to the Healthcare Provider Directory. This is because it would not benefit those organisations that provide support services, such as meal services, home and personal care for older Australians and people with disability, to have access to healthcare provider details.

However, details of healthcare support service provider organisations may appear in the Directory to enable healthcare providers to have a more holistic overview of care and support services available to their patients.

As the Directory evolves, its role will extend beyond simply listing providers to become a key infrastructure element supporting secure information exchange, digital service authorisation, and system-wide interoperability. Given the dynamic nature of the digital health environment and the pivotal role the Healthcare Provider Directory is expected to play in the future, it is appropriate to enable further purposes to be prescribed in regulations to support emerging use cases.

For example, work is underway to enable the Healthcare Provider Directory to authorise healthcare providers' access to various digital health capabilities, dependant on information such as the type of healthcare identifier a provider has and the type of healthcare service they provide or profession they practice.

Subsection 31(3) Directory may be kept in any form

Subsection 31(3) provides that the Healthcare Provider Directory may be kept in any form that the Healthcare Provider Directory Operator considers appropriate, subject to any requirements that may be specified in regulations. The intention of this subsection is to provide flexibility for the Healthcare Provider Directory Operator to maintain the Directory in any form, for example, in an electronic format that may be accessible via a software application or web portal.

Subsection 31(3A) Collection, use and disclosure of healthcare provider identifiers, identifying information and professional and business details

Subparagraph 31(3A)(a) authorises the Healthcare Provider Directory Operator to collect and use healthcare identifiers, identifying information and professional and business details of identified healthcare providers (including individual providers, provider organisations and healthcare support service providers) for the purposes of the Directory. If certain identifying information is not required for Directory purposes, it should not be collected or used by the Directory Operator. Identifying information is defined in section 7 of the Healthcare Identifiers Act and section 8 of the Healthcare Identifiers Regulations.

Professional and business details are not defined in the legislation. However, the term is intended to cover information about the healthcare provider's business not covered by the definition of identifying information, but nevertheless relevant to ensuring that healthcare recipients are referred to healthcare providers that best meet their needs. This might include surgery hours, languages spoken, etc. However, professional and business details should not be interpreted to include any personal information such as personal contact details of individual healthcare providers where this is not relevant to the provision of healthcare or support services.

The provisions operate so that the Directory Operator may collect information for the purposes of the Directory from any entity, including the service operator.

The Healthcare Provider Directory Operator is also authorised under subparagraph 31(3A)(b) to disclose information held in the Directory to identified individual healthcare providers, identified healthcare provider organisations, health administration entities and other entities prescribed by the regulations for the purposes of the Directory. As noted above, this does not include disclosure to healthcare support service providers.

To the extent that any information collected, used and disclosed by the Healthcare Provider Directory Operator is personal information, these provisions are an authorisation for the purposes of the Privacy Act and other laws.

Subsection 31(3B) Service operator may disclose to the Healthcare Provider Directory Operator for Directory purposes

Subsection 31(3B) authorises the service operator to disclose to the Healthcare Provider Directory Operator the healthcare identifier, identifying information and professional and business details of identified healthcare providers for Directory purposes. This provision is needed because the service operator and the Healthcare Provider Directory Operator may be different entities as a result of other amendments under this Bill.

Note also that disclosure of information in the Healthcare Provider Directory does not in itself authorise or provide access to health information of healthcare recipients. Rather, it will provide a secure channel for providers and other authorised entities to find and communicate with each other about information they are already authorised to hold about healthcare and support services that have been, are being or may be provided to healthcare recipients.

The Healthcare Provider Directory is not public facing, and there is no authority for the Healthcare Provider Directory Operator to disclose any information contained in the Directory to the public.

Item 20 amends subsection 31(4) to insert a new subparagraph (aa) to include health administration as a purpose for which a person to whom information of a healthcare provider is disclosed by means of the Healthcare Provider Directory is authorised to collect, use and disclose that information. For example, a healthcare provider who obtains the healthcare identifier and identifying information about another healthcare provider by accessing the Directory may use that information for health administration purposes.

Item 21 amends section 31 to include new subsections (5)-(9).

Under the current subsection 31(2) of the Healthcare Identifiers Act, healthcare providers need to agree to their personal information being disclosed in the Directory. While this works well for providers who were assigned identifiers directly by the service operator and had the opportunity to agree at that point, this only accounts for approximately 3% of individual healthcare providers.

The majority of individual healthcare providers are assigned their healthcare identifiers when they register with the Australian Health Practitioner Regulation Agency (Ahpra) and there is no direct pathway for providers to agree to their business details being included in the Healthcare Provider Directory. For Ahpra registered providers, the process for agreeing to publish their information in the Directory imposes an extra impost on providers by requiring them to manually access a separate system operated by a different entity. As a result, the Healthcare Provider Directory has an incomplete and unreliable dataset which limits its effectiveness as a conduit for healthcare provider communication.

The changes in this Bill streamline that process by making it possible for the Healthcare Provider Directory Operator to disclose the healthcare identifiers, identifying information and other professional and business details of all identified healthcare providers to other providers in the Directory by default without needing to obtain their agreement first. Instead, individual healthcare providers may opt-out of having their personal information disclosed in the Directory under new section 31(5). Changing from an opt-in to an opt-out method will help ensure the Healthcare Provider Directory is an accurate, up to date and comprehensive listing of all identified healthcare providers. This will make it easier for providers to adopt digital practices to find and connect with each other, use existing digital services such as electronic prescribing, and adopt emerging and new digital services such as electronic referrals. This will enable faster and more accurate communication, reduce the administrative burden on healthcare providers, support consistent digital health service delivery and improve outcomes for healthcare recipients.

It should be noted that information about individual healthcare providers already appears in the public domain on individual provider websites, other directories such as the National Health Services Directory, and registration authority websites. For example, the Ahpra website lists practitioners' names, registration number, status and expiry date, type of service provided, gender, qualifications and the year received, areas of speciality, languages spoken, suburb and postcode. The National Health Services Directory includes provider names, contact details, surgery hours, areas of speciality and available facilities such as wheelchair accessibility and bulk billing.

It is intended that only a small subset of publicly available information will be disclosed in the Healthcare Provider Directory, unless a healthcare provider chooses to include additional information, and each entry will be linked to the provider's healthcare identifier. Limiting the required information to what is publicly available will help to protect the privacy of healthcare providers, while attaching healthcare identifiers will maintain accuracy by ensuring the correct information is linked to the right provider. Regulations made under section 31(8) and (9) will prescribe the information to be contained in the Healthcare Provider Directory. Personal information such as personal addresses or contact details not relevant to the provision of healthcare or support services should not be disclosed on the Directory.

Section 31(5) – (7) Healthcare provider requests for non-disclosure

However, there may be reasons why some healthcare providers do not want their information disclosed in the Directory. New subsection 31(5) accounts for this by enabling an identified healthcare provider to request that the Healthcare Provider Directory Operator not disclose their personal information on the Healthcare Provider Directory. While the information would remain in the back end of Directory to enable the healthcare provider to participate in digital health services, it would not be visible on the Directory to other providers. Such a request must comply with any requirements in the regulations (pursuant to subsection 31(6)). If such a request is made, the Healthcare Provider Directory Operator must comply with the request (pursuant to new subsection 31(7)).

Sections 31 (8) – (9) Regulation-making power

Subsection 31(8) provides for a new regulation-making power to make provision for, or in relation to, the establishment and maintenance of the Healthcare Provider Directory for the purposes of the Healthcare Provider Directory. Without limiting that power, subsection 31(9) provides for the types of matters that the regulations may cover, including requirements:

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in relation to the disclosure of information on the Healthcare Provider Directory;

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for the administration of the Healthcare Provider Directory;

•

for access to the Healthcare Provider Directory;

•

in relation to dealing with requests made under subsection 31(5), where a healthcare provider wishes that their personal information not be disclosed on the Directory.

It is intended that the regulations would cover details such as the information to be contained in the Healthcare Provider Directory and the process for providers to update their information or request non-disclosure of their personal information.

Additionally, regulations would prescribe any conformance, security or other requirements entities must meet before connecting to the Directory.

A regulation-making power to provide for these matters will provide flexibility and efficiency to adjust the processes and requirements applicable to the administration and management of the Directory in line with evolving technology and uses which the Directory will facilitate and to maintain the security and integrity of the Directory.

Items 22 – 23 amends subsections 31A(1) and (2) to include the Healthcare Provider Directory Operator as an additional entity that may exchange healthcare identifiers and identifying information of identified healthcare providers with the My Health Record System Operator for Healthcare Provider Directory purposes.

The service operator, as the Healthcare Provider Directory Operator, is currently authorised under subsection 31A(1) to collect healthcare identifiers and identifying information of identified healthcare providers from the My Health Record System Operator, and use and disclose that information, for Directory purposes. The My Health Record System Operator is similarly authorised under subsection 31A(2) to use and disclose that information to the service operator for Directory purposes.

Item 24 inserts new section 31AA to provide that the regulations may require an identified healthcare provider to provide the Healthcare Provider Directory Operator with information about the healthcare provider for the purposes of the Directory.

This section is intended to ensure that the information in the Directory remains current and accurate. It also replaces the current requirement in sections 9A(8)(c), 9A(8)(e)(iv) and 9BA(3)(c).

It is considered appropriate to provide for requirements in relation to the provision and maintenance of information in the Directory in regulations, as information needs may evolve with different technology and communications solutions enabling the exchange of information between healthcare providers and authorised entities. For example, as digital health solutions or capabilities emerge, the regulations may provide for the types of information to be included in the Directory and how and when it is to be provided to the Directory operator, to support those solutions.

Item 25 preserves the continuity of the Healthcare Provider Directory by providing that the existing Directory will be treated as if it had been established by the Healthcare Provider Directory Operator in accordance with the new provisions inserted by this Bill.

Item 26 provides that the amendments to the Healthcare Provider Directory provisions will apply to any use or disclosure of information that occurs on or after commencement of the amended provisions, regardless of when the information was collected.

Division 2 – Subcontracted service providers

Healthcare Identifiers Act 2010

Item 27 amends subsection 5(1) to insert a new definition of 'subcontracted service provider'.

Together with other amendments in this Bill, the intended effect is that subcontracted service providers will have authorisations to handle healthcare identifiers, where they are responsible for information technology services relating to the communication of health information or health information management services for a healthcare provider.

Currently, sections 36 and 36A of the Healthcare Identifiers Act extend authorisations of healthcare providers to their contracted providers of health information technology and information management. This means that those contracted service providers may handle healthcare identifiers and identifying information to enable the contracted service providers to carry out the purposes of the contract.

However, in practice, information technology and information management contactors may need to subcontract duties to other contactors to be able to carry out the purpose of the contract. For example, a company contracted to install an information management system for a healthcare provider may need to subcontract specialist services such as cyber security experts. The effect of the amendments under this Bill will be that those subcontractors will have the same authorisations in relation to healthcare identifiers and identifying information as contracted service providers for healthcare providers to enable them to carry out the purposes of the subcontract and be subject to the same limits and privacy obligations.

Item 28 updates the simplified outline of Part 7 of the Healthcare Identifiers Act in section 36AA to include reference to subcontracted service providers.

This section is amended to align with other amendments under this Bill that will extend authorisations for a contracted service provider to a subcontracted service provider meeting the new definition in amended section 5.

Item 29 inserts the word "subcontractors" after the word "contractors" in the heading of Division 2 of Part 7 to reflect that authorisations for contractors may also extend to a subcontractor.

Item 30 amends section 36 to include authorisations for subcontracted service providers to handle healthcare identifiers in specified circumstances.

Where a subcontracted service provider has a contract with a contracted service provider to a healthcare provider, and that contract involves providing information technology services relating to the communication of health information, or information management services to that healthcare provider, new paragraph 36(baa) extends the authorisations of the healthcare provider to the subcontracted service provider.

This means that the subcontractor will have the same authorisation to collect, use and disclose healthcare identifiers and identifying information as the healthcare provider for the purposes of fulfilling the subcontractor's duties under the contract.

Item 31 inserts a new paragraph 36(bb) to clarify that authorisations of a contractor performing services under a contract referred to in subparagraph 36(ba) with the My Health Records System Operator or the operator of the National Repositories Service (as defined in the My Health Records Act 2012 (My Health Records Act)) also extend to subcontractors in certain circumstances.

The authorisations apply where the contract between the subcontractor and the contractor relates to the My Health Record system. The extension of authorisations to subcontractors to collect, use and disclose healthcare identifiers and identifying information are limited to subcontractors of the My Health Record System Operator and the National Repositories Service, and do not apply to all My Health Record participants.

This amendment aligns with related amendments being made in this Bill to section 99(c) of the My Health Records Act which will extend authorisations under the My Health Records Act to subcontractors in certain circumstances.

Item 32 amends subparagraph 36(c)(i) to include reference to subcontractors authorised under new paragraph 36(baa).

The effect of this and related amendments under this Bill is that authorisations under the Act to a healthcare provider extend to the employees of both contractors and subcontractors that are contracted to provide health information technology or information management services to the healthcare provider.

Item 33 amends subparagraph 36(c)(i) to include reference to subcontractors authorised under new paragraph 36(bb).

The effect of this and related amendments under this Bill is that authorisations under the Act to the My Health Record System Operator or the operator of the National Repositories Service, as defined by the My Health Records Act, may extend to the employees of both contractors and subcontractors in certain circumstances. This applies where the contract with the My Health Record System Operator or the operator of the National Repositories Service and the related subcontract relate to the My Health Record system.

Item 34 amends the heading in section 36A to include reference to subcontracted service providers.

Item 35 inserts a new paragraph 36A(ba).

Section 36A provides that authorisations in the Healthcare Identifiers Act to disclose information to a healthcare provider for a particular purpose is also an authorisation to disclose the information to the employees of the healthcare provider, and contracted providers of health information management and information technology services for the healthcare provider. This includes authorisations for the employees of those contracted service providers.

The new paragraph 36A(ba) provides that the extended authorisations also apply to subcontracted service providers providing those same information technology and health information management services to a healthcare provider or to the contracted service provider of a healthcare provider.

A related provision in this Bill extends those authorisations to the employees of the subcontractor.

Item 36 amends subparagraph 36A(c)(i) to extend authorisations under the Healthcare Identifiers Act to individual employees of a subcontracted service provider to which paragraph 36(ba) applies.

Item 37 preserves the continuity of contractual relationships entered into prior to these amendments. It confirms that the authorisations under the amended provisions will apply to contracts, whether entered into before, on or after commencement of the amended provisions

Item 38 provides that the amendments will apply to any use or disclosure of information that occurs on or after commencement regardless of when the information was collected.

Division 3 – Health technology providers, etc – amendments commencing day after Royal Assent

Healthcare Identifiers Act 2010

Item 39 inserts new section 15A providing for a healthcare recipient to agree to an entity collecting, using or disclosing their healthcare identifier for the purpose of assisting the entity to conduct research that has been approved by a Human Research Ethics Committee or where that research activity is authorised by another Australian law.

This means, that with an individual's consent, their healthcare identifier may be used as part of research, which may for example, facilitate longitudinal tracking of health journeys and better integration of clinical and social data, providing more accurate evidence bases for health service policy and design.

Item 40 amends the simplified outline in section 36AA to note that certain authorisations under the Act extend to providers of electronic services.

Item 41 adds 'providers of electronic services' to the heading in Division 2, Part 7 after the reference to 'partnerships' to reflect other amendments to Part 7 made in this Bill.

Item 42 includes a new section 36BB to provide that authorisations under the Healthcare Identifiers Act for a healthcare provider or a health administration entity to collect, use or disclose information extends to a provider of an electronic service where that collection, use and disclosure is done by means of that service.

The Healthcare Identifiers Act contains existing provisions which extend authorisations in certain cases to contracted service providers who provide health information technology and information management services under contract to a healthcare provider or health administration entity.

However, the existing provisions do not adequately reflect all of the ways that the health sector engages with IT systems and solutions. This provision extends authorisations to providers of technology solutions or information management services that facilitate exchanges of information for authorised health-related purposes under the Healthcare Identifiers Act.

For example, the providers of licensed software products that may be used in a healthcare provider's information system, or other online services that might extract and send subsets of information to healthcare providers for particular purposes, would be authorised to collect, use and disclose healthcare identifiers to support the authorised collection, use or disclosure by a healthcare provider or a health administration entity.

Division 4 – Health technology providers, etc – amendments commencing 1 February 2027

Healthcare Identifiers Act 2010

Item 43 amends subsection 5(1) as amended by the Aged Care Amendment Act to insert new definitions for:

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'health technology provider' that has the meaning given by section 20A, and

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'permitted health technology purpose' that has the meaning given by section 20B.

Item 44 amends the simplified outline of Part 3 in section 11 to refer to the authorisations for:

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health technology providers to collect, use or disclose the healthcare identifier or identifying information of healthcare recipients in certain circumstances, and

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other entities to collect, use or disclose such information in certain circumstances relating to the communication and management of information by health technology providers.

Item 45 inserts new Division 2A—Health technology providers.

The authorisations under this division enable healthcare recipients to allow their healthcare identifier to be used in connection with health technology devices or electronic services that monitor, manage and communicate their health information.

20A Meaning of health technology provider

The new Division includes new section 20A which defines 'health technology provider'.

New section 20A defines a health technology provider to mean 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 a healthcare recipient, a healthcare provider or a health administration entity about healthcare, or support services, that have been, are being or may be provided to the healthcare recipient.

The definition covers providers of digital technology solutions that manage and facilitate the exchange of health or care information about a healthcare recipient at any point in the end-to-end exchange of information between the recipient, healthcare providers and health administration entities.

For example, a provider of user-facing wearable technologies — such as heart monitors, mobile applications, and devices like glucose monitors and other in-home monitoring equipment — that enables the collection and electronic exchange of health information in real (or near real) time between recipients and identified healthcare providers or health administration entities.

The provision also covers the providers of intermediary services that facilitate, translate or route the electronic exchange of health information between systems. As an example, this would cover situations where a healthcare recipient agrees to the use of their healthcare identifier and identifying information in connection with use of a heart monitor which collects regular data readings, stores and makes that information available for review and monitoring by a healthcare provider. Alternatively, the health technology provider may collect data from the device, monitor that information and send notifications or alerts to the healthcare provider where information is outside of normal or expected ranges.

Other authorisations in the new Division inserted by this item provide for health technology providers to use healthcare identifiers in relation to such permitted health technology purposes, as defined in section 20B.

20B Meaning of permitted health technology purpose

This item also inserts new section 20B defining 'permitted health technology purpose'.

New section 20B defines a permitted health technology purpose, which in relation to a health technology provider (as defined in new section 20A) and a healthcare recipient, is the purpose of assisting the health technology provider to:

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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

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manage or monitor health information about the healthcare recipient for the purposes of communication that is covered by paragraph (a).

An example of the type of solutions authorised to use healthcare identifiers by this new Division includes the providers of mobile applications who may make available to healthcare recipients information about the health services received by, or planned for, the healthcare recipients, such as prescriptions, pathology tests and their results, hospital discharge summaries and other health information. Those applications may provide alerts or notifications to healthcare recipients about new or changed health information or care services delivered or available to them. New Division 2A will authorise the use of healthcare identifiers and identifying information by the providers of these electronic services.

20C Collection, use and disclosure—health technology providers

This item also inserts new section 20C with the heading - Collection, use and disclosure—health technology providers.

New section 20C inserts a table of authorisations for the collection, use and disclosure of the healthcare identifier and identifying information of a healthcare recipient for permitted health technology purposes. The authorisations enable healthcare recipients to consent to identified healthcare providers, health administration entities and health technology providers collecting, using and disclosing their healthcare identifier and identifying information for the purpose of managing, monitoring and communicating with each other and with the healthcare recipient, about the healthcare and support services that have been, are being or will be provided to the healthcare recipient.

A responsible person, within the meaning of the Privacy Act, for the healthcare recipient will also be authorised to disclose the healthcare recipient's healthcare identifier and identifying information for a permitted health technology purpose, where the healthcare recipient has consented in relation to that permitted health technology purpose.

Existing section 18 of the Healthcare Identifiers Act provides authorisation for the service operator, the My Health Record System Operator and a healthcare provider to disclose the healthcare identifier of a healthcare recipient to the healthcare recipient, or a responsible person for the healthcare recipient.

The authorisations also allow the service operator to collect a healthcare recipient's healthcare identifier and identifying information and to use and disclose the healthcare identifier to a health technology provider for the purpose of assisting the technology provider to carry out the permitted health technology purpose, where the recipient has consented to the collection, use or disclosure.

As an example, the new authorisations together with existing authorisations in the Act, allow the collection, use and disclosure of a healthcare recipient's healthcare identifier where a healthcare provider or health administration entity may be providing care to or supporting a healthcare recipient, and as part of that arrangement the healthcare recipient may agree to the use of a particular health wearable technology.

As part of that arrangement, the wearable device would collect and monitor their health information and share it to the healthcare provider or health administration entity to manage, monitor and respond to, as appropriate. The provider of the solution which collects and communicates the health information to the healthcare provider or health administration entity would be able to collect the healthcare identifier of the healthcare recipient from the healthcare provider or health administration entity and also to validate or collect the identifier from the service operator.

The authorisations also allow a health technology provider to collect the healthcare identifier from the healthcare recipient, or a responsible person for the healthcare recipient, directly and to validate that identifier with the service operator. The effect of the authorisations enabling the healthcare identifier to be used as part of this information collection, monitoring, management and communication is that it ensures the information is connected to the right person and able to matched with other health information about that person, which means the providers involved in the management and delivery of healthcare for that person are able to access to all information to make well informed clinical decisions and care plans.

These authorisations enable but do not require the collection, use or disclosure of a healthcare recipient's healthcare identifier and identifying information for a permitted health technology purpose, where this has been agreed to by the healthcare recipient. A health technology provider will not be permitted to use healthcare identifiers, even if they are monitoring health information about the consumer, if the consumer has not consented to the use of their healthcare identifier as part of that health technology purpose.

20D Regulations relating to health technology providers

This item also inserts new section 20D which provides for regulations to prescribe rules relating to the collection, use or disclosure of healthcare identifiers or other information by health technology providers, including rules about retention and destruction of records.

Other amendments in this Bill will also insert new subsection 20(4A) to provide that regulations may prescribe rules about conformance with data or security standards that must be complied with before an entity may collect a healthcare recipient's healthcare identifier from, or disclose it to, the service operator.

It is intended that health technology providers must comply with any such rules prescribed before they will be able to use healthcare identifiers for a permitted health technology purpose.

It is considered appropriate for regulations to provide for the requirements that health technology providers must comply with, to ensure that the requirements can be updated efficiently in response to emerging needs, such as changes in information security and other requirements that support the integrity and accuracy of healthcare identifiers use in the communication of health information.

Division 5 – Collection, use and disclosure of healthcare identifiers – providing healthcare to a healthcare recipient

Healthcare Identifiers Act 2010

Item 46 removes "(1)" from section 14, as subsection 14(2) is to be repealed.

Item 47 repeals subsection 14(2).

Existing subsection 14(1) of the Healthcare Identifiers Act enables the collection, use and disclosure of the healthcare identifiers of healthcare recipients for certain health, health-related and health administration purposes. Subsection 14(2) operated to prevent the collection, use and disclosure of a healthcare recipient's healthcare identifier when communicating or managing health information as part of underwriting or determining insurance contracts or when employing the healthcare recipient.

This prohibition limits the general authorisation to use healthcare recipients' identifiers for communicating or managing health information. It was originally introduced to alleviate potential concerns that employers or insurers may be able to use healthcare identifiers to access health information in a recipient's electronic health record, now the My Health Record system, to inform decisions about eligibility for insurance or employment. This is despite the fact that healthcare identifiers cannot provide access to any health information a person is not already lawfully authorised to access.

The Healthcare Identifiers Act was originally intended to support the communication of health information and healthcare identifiers to insurers, who for example, might provide a health service to an individual, such as a chronic disease management program. However, the prohibitions have resulted in many healthcare providers electing not to include healthcare identifiers when communicating health information about a healthcare recipient, in case they inadvertently breach the Act. This limits the objectives of healthcare identifiers which includes ensuring that health information about an individual who receives care is correctly matched to that individual, while providing no additional privacy protection for healthcare recipients.

For example, an individual may be referred for an x-ray as part of the information gathered for an insurance claim. Currently, healthcare providers may not include the healthcare identifier with that request or the result of that diagnostic imaging test, given it will form part of the documentation provided to an insurer. However, the health information will be provided to the health insurer regardless of whether the healthcare identifier is communicated with the health information.

Without the healthcare identifier, it will be more difficult to link this relevant health information to the healthcare recipient to inform appropriate healthcare and treatment options beyond the decision as to whether to pay a claim under an insurance contract. It will also mean that the information will not be able to be matched and added to the healthcare recipient's My Health Record, even though it may be relevant to their ongoing healthcare needs and planning.

Removing the prohibition will not enable employers or insurers to access additional health information that they are not already legally authorised to access.

The My Health Records Act contains restrictions on the use of health information obtained from a consumer's My Health Record for prohibited purposes.

These restrictions align with the purposes outlined in section 14(2) of the Healthcare Identifiers Act and apply to information obtained—either directly or indirectly—from the My Health Record system. Amendments to the My Health Records Act under other amendments in this Bill will bolster these protections to confirm that insurers and employers cannot use information about a healthcare recipient obtained via the My Health Record system in order to make insurance and employment-related decisions. In addition, the Privacy Act continues to apply to protect access to health information.

Division 6 – Data standards

Healthcare Identifiers Act 2010

Item 48 amends the simplified outline in section 3A of the Healthcare Identifiers Act to include reference to the making of data standards about health information and other clinical data.

Item 49 inserts the following definitions into subsection 5(1) of the Healthcare Identifiers Act as amended by the Aged Care Amendment Act:

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'data standard' means a data standard made under new subsection 31AC(1).

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'Health Chief Executives Forum' has the same meaning as in the My Health Records Act which is defined as a body that consists of the Secretary of the Department and each head (however described) of the Health Department of a State or Territory.

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'Secretary' means the Secretary of the Department.

Item 50 renumbers existing section 31AA as section 30A.

Item 51 inserts a new Part 5AA into the Healthcare Identifiers Act which provides for the Secretary to make data standards.

These standards are intended to support secure and accurate transfers of information between clinical systems and providers, as they will provide for a standardised approach to data formatting, storage and exchange for the Australian health system. Future legislative instruments may refer to or require compliance with the standards made under this new power.

31AB – Simplified outline of this Part

New section 31AB inserts an outline of new Part 5AA, noting that the Secretary may make data standards about health information and other clinical data.

31AC – Making data standards

New section 31AC provides that the Secretary may make data standards for publication on the internet under section 31AD regarding any of the following matters:

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the format and description of health information or other clinical data;

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the storage and disclosure of health information or other clinical data;

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the interoperability of clinical or health information management systems;

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health or clinical terminology;

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the implementation of data standards;

Section 31AC also provides that regulations may prescribe for data standards to be made about other matters. The data standards are to be in writing, for the purposes of publishing on the internet.

Subsection 31AC(2) provides that the Secretary must comply with any determination made by the Minister under new section 31AE when making a data standard. Determinations may include matters such as requirements regarding approval, consultation and the formation of committees, advisory panels and consultative groups that may or must be involved in making a data standard.

The note to subsection 31AC(2) provides an example of such a determination that may require that a data standard be approved by a specified person or body before it is made.

Subsection 31AC(3) provides that the Secretary must make a data standard under subsection 31AC(1) if a determination by the Minister under section 31AE requires them to do so. Unless there is such a determination in force, the Secretary is not required to make any data standards regarding the matters outlined in subsection 31AC(1), that subsection merely outlines the Secretary's power to make such standards.

Subsection 31AC(4) provides that the Secretary must consult the Health Chief Executives Forum before making a data standard. The Health Chief Executives Forum takes the same meaning as in the My Health Records Act and includes a body that consists of the heads of the health departments in all Australian jurisdictions.

Relevantly, this Forum may delegate matters for consideration to sub-committees. In relation to the power to make data standards under the Healthcare Identifiers Act, the Forum may for example, decide that consultation should occur with the members of the Digital Health Oversight Committee established under the Intergovernmental Agreement on National Digital Health 2023-27, or similar future body. Subsection 31AC(5) clarifies that nothing in subsection 31AC(4) limits the Minister's ability to provide for additional consultation requirements under section 31AE.

Subsection 31AC(6) provides that data standards made under subsection 31AC(1) are not legislative instruments. Data standards will be generally in the nature of specifications for how information technology solutions in the health sector should be designed and implemented to ensure safe, efficient, convenient and interoperable systems to share health-related data and information.

These information data standards will be living documents subject to continual review and updating, in order to adapt to changing demands for functionality and available technology solutions. Any specific obligations on any entity to comply with the standards or take any other action in relation to the standards will be in other instruments that are legislative in nature.

As the data standards themselves are purely administrative in character, they will not be able to enable or authorise the sharing of individual health information or interfere with any existing rules or laws protecting individual privacy.

31AD – Data standards must be published on internet

New section 31AD requires the Secretary to publish on the internet any data standards made under section 31AC(1). This could be on the Department's website or other appropriate website. There is a note clarifying that the data standards will be available for free.

31AE – Requirements for making data standards

Section 31AE provides that the Minister may determine any requirements relating to making a data standard (including a data standard that varies or revokes another data standard). These determinations will be legislative instruments.

These determinations are expected to include requirements regarding the process by which the standards must be made or any additional consultation, governance and oversight requirements or arrangements that need to apply to the development of data standards. These requirements are not included in principal legislation to ensure greater flexibility as different requirements may be appropriate depending on the type of data standard and the matters it addresses.

Governance and oversight over the development of data standards is expected to evolve over time.

31AF – Application of the Acts Interpretation Act 1901

For the avoidance of doubt, section 31AF provides that the Acts Interpretation Act 1901 (Acts Interpretation Act) applies in relation to the power to make a data standard in subsection 31AC(1). Data standards made under subsection 31AC(1) are considered to be administrative in character. This section confirms that the provisions of the Acts Interpretation Act can be relied upon in interpreting the power to make a data standard under section 31AC(1), for example, subsection 33(3) of that Act which provides that the power to make such an instrument shall be construed as including a power to repeal, rescind, revoke, amend or vary that instrument.

Item 52 inserts a new section 36F which provides that the Secretary may delegate their powers and functions in relation to making standards under new Part 5AA to a departmental employee who is part of the Senior Executive Service or acting in that role. Any delegate would still have to follow the directions of the Secretary. This power enables the Secretary to delegate as needed to senior executive(s) in the Department that may have direct oversight of or significant experience in health reform, relevant information technology and or digital health functions.

Given the technical complexity and evolving nature of digital health systems, it is essential that standards-making powers can be exercised by senior departmental officials who possess appropriate technical expertise in relevant domains such as health system reform, information technology, interoperability frameworks, and clinical terminology. Delegation enables timely and informed decision-making while maintaining accountability through the requirement that any delegate must comply with written directions issued by the Secretary.

To safeguard the integrity of this delegation power, the legislation restricts delegation to SES-level staff, ensuring that only individuals with appropriate seniority and qualifications may exercise these functions. The delegate would be subject to instructions by the Secretary and bound by determinations of the Minister under section 31AE. Furthermore, the delegation power would be regularly reviewed as part of the Department's normal probity processes.

Division 7 – Connecting with healthcare identifiers service

Healthcare Identifiers Act 2010

Item 53 inserts new subsection 20(4A).

Section 20(4) of the Healthcare Identifiers Act provides for regulation making powers in relation to the process for disclosing the healthcare identifiers of healthcare recipients, including rules about requests to the service operator to disclose healthcare identifiers of healthcare recipients.

New subsection 20(4A) clarifies that the regulations may prescribe rules about requirements that entities must comply with, including any requirements specified in a data standard, before making a request to the service operator to disclose a healthcare recipient identifier, or before the service operator may discloses an identifier.

New subsection 20(4A) does not limit the existing regulation-making power in subsection 20(4). The requirements that may be specified in regulations might, for example, include matters relating to system conformance or security requirements which might be designed to protect the integrity and security of healthcare identifiers and the authorised functions delivered by the service operator. The type of requirements that may be prescribed under these provisions may include, for example, compliance with particular data standards made under new Part 5AA, or certain ISO standards or nationally agreed cyber security standards.

Item 54 inserts new subsection 25D(4A).

Subsection 25D(4) contains mirror provisions to those in existing subsection 20(4), providing for a power to make regulations applicable to the disclosure of healthcare identifiers of healthcare providers.

New subsection 25D(4A) clarifies that the regulations may prescribe rules about requirements that entities must comply with, including any requirements specified in a data standard, before making a request to the service operator to disclose a healthcare provider identifier, or before the service operator may discloses an identifier.

New subsection 25D(4A) does not limit the existing regulation-making power in subsection 25D(4). Subsection 25D(4A) also provides that the type of requirements that may be prescribed under these provisions may include compliance with particular data standards made under new Part 5AA.

Item 55 inserts a new subsection 39(3). The new subsection provides that, despite subsection 14(2) of the Legislation Act 2003 (Legislation Act), the Healthcare Identifiers Regulations may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

Regulation making powers under the Healthcare Identifiers Act include the ability to prescribe rules that must be complied with when disclosing healthcare identifiers or in order to protect the healthcare identifiers that an entity holds. Other amendments under this Bill will also include a regulation-making power to prescribe rules relating to the collection, use or disclosure of healthcare identifiers or other information by health technology providers.

This amendment will enable the regulations to require conformance with best practice industry and government standards on a responsive and agile basis. The digital health and broader technology and security environments are dynamic and rapidly moving. Standards need to be regularly revised and updated to respond to emerging technological developments and best practice requirements to deal with changing threat environments.

This amendment will ensure that conformance with best practice data management and information security standards can be enforced by applying and incorporating national and international standards rather than prescribing requirements in legislative instruments.

Embedding static versions of standards in legislation would risk obsolescence and hinder the health system's ability to respond to emerging needs. By contrast, incorporation by reference allows regulations to reflect the most current standards, ensuring agility, consistency and efficiency.

Any requirements applicable to entities handling healthcare identifiers and subject to the regulations will be published on a website and available free of charge, ensuring transparency and accessibility for all stakeholders. Consultation and sufficient lead in time prior to making any regulations containing such requirements would give entities the opportunity to make any necessary operational or system adjustments.

This approach is consistent with legislative practice in other domains.

Division 8 – Meaning of health administration

Healthcare Identifiers Act 2010

Item 56 amends section 7A to facilitate the insertion of a new subsection (2) into section 7A, resulting from other amendments under this Bill.

Item 57 amends the definition of health administration in section 7A of the Healthcare Identifiers Act, which was inserted by the Aged Care Amendment Act.

Specifically, this item amends paragraph 7A(e), which will become paragraph 7A(1)(e) following passage of this Bill, to clarify that health administration includes verifying healthcare identifiers and identifying information, including for the purposes of providing healthcare or support services.

This amendment confirms that where an entity is authorised to collect, use and disclose information or healthcare identifiers for the purpose of health administration, this includes verifying the healthcare identifier and identifying information of the relevant healthcare recipient or healthcare provider.

It is intended that healthcare identifiers and identifying information can be used as part of authorisation and authentication processes across the health system. For example, verification of a healthcare provider's healthcare identifier, and the type of provider they are, or the type of services they provide, or other relevant identifying information, may occur as part of confirming their eligibility to participate in particular health initiatives or authorisation to access various digital health services.

Similarly, verification of a healthcare recipient's healthcare identifier, and their identifying information, may occur to ensure the recipient meets relevant criteria, and has consented to, participate (if applicable) in particular health programs or initiatives.

Item 58 amends paragraph 7A(i) of the Healthcare Identifiers Act which was inserted by the Aged Care Amendment Act. Note that this paragraph will become paragraph 7A(1)(i) following passage of this Bill.

Paragraph 7A(1)(i) defines health administration to mean monitoring or analysis (or both) of individual or system-wide healthcare or support services needs, demands, performance and outcomes, including, but not limited to the following:

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by means of statistical research, data and reporting services

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to inform health workforce planning and management,

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for other population health purposes.

This item adds new subparagraph (iv) to paragraph 7A(1)(i) to provide for reporting on or responding to adverse health events. The effect of this amendment is that health administration also means monitoring or analysis (or both) of individual or system-wide healthcare or support services needs, demands, performance and outcomes, including informing reporting on, or responses to, an adverse health event.

While the inclusion of reporting on adverse health events expands the definition of health administration, this definition applies only for the purposes of the Healthcare Identifiers Act to enable healthcare identifiers to be used in association with activity that is already occurring in terms of responding to, monitoring and reporting on adverse health events. Expanding the definition for the purposes of this Act does not provide access to health information or details of adverse health events that an entity is not already authorised to have.

The purpose of the provision is to enable healthcare identifiers to be used as part of those existing activities.

Item 59 inserts new subsection 7A(2) to define an adverse health event for the purposes of new subparagraph 7A(1)(i)(iv).

It means 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.

Section 5 of the Healthcare Identifiers Act defines healthcare to have the same meaning as the definition of 'health service' in the Privacy Act, which provides that a health service is an activity performed in relation to an individual intended or claimed (explicitly or implicitly) by the individual or person performing the activity to:

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assess, maintain or improve the individual's health

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manage the individual's health where it cannot be maintained or improved

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diagnose or treat the individual's illness, disability or injury, or suspected illness, disability or injury, or

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record the individual's health for the purpose of assessing, maintaining, improving or managing the individual's health.

An adverse health event for the purposes of the Healthcare Identifiers Act is broadly defined to capture unintended or harmful effects resulting the provision of healthcare, which would include the use or administration of medication, healthcare devices, vaccinations, and any other medical or surgical intervention or treatment, whether self-administered by the healthcare recipient or administered to the recipient by a healthcare provider.

It also intended to apply to managing, monitoring and reporting of adverse events by the Therapeutic Goods Administration, as well as to any other body whose function involves managing, monitoring, responding or reporting on adverse health-related events.

Division 9 – Purpose of the Healthcare Identifiers Act 2010

Healthcare Identifiers Act 2010

Item 60 updates the long title of the Healthcare Identifiers Act and substitutes it with a new long title that better reflects the purpose of healthcare identifiers and how they are used.

Item 61 updates the purpose of the Healthcare Identifiers Act in section 3 to reflect the changes made to the Act through this Bill and other reform measures.

Widespread use of healthcare identifiers is critical to enabling the safe sharing of health information across the Australian health and care environment by ensuring that the right information is attached to the right healthcare recipients and providers.

However, healthcare identifiers are only one factor needed to achieve an interoperable, digitally connected national health system.

The changes in this Bill will help to position the Healthcare Identifiers Act as a foundation for the safe sharing of health information by:

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enabling broader authorised use of healthcare identifiers

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facilitating faster and more accurate communication between healthcare providers and enabling future digital health capabilities such as electronic requesting and referrals through an enhanced Healthcare Provider Directory, and

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setting a legislative basis for nationally agreed data standards that will define expectations about how health data will move safely and efficiently between systems.

While the changes in this Bill will enable faster, safer and more efficient exchange of health and health-related information, nothing in the Act, including these changes, provides additional access to any health or health-related information. The changes merely enable healthcare recipients and providers effectively to attach identifiers to health and health-related information they can already lawfully access.

Division 10—My Health Record information

My Health Records Act 2012

Item 62 – inserts a new subsection 59A(1A) which has the effect that if a local clinical information or health information management or technology system contains My Health Records documents or records sourced from My Health Records, even if downloaded or saved to the system for a different and authorised purpose, those documents or records cannot subsequently be used or communicated for a prohibited purpose.

Several provisions in the My Health Records Act prohibit the use of information obtained from the My Health Records System for 'prohibited purposes'. Prohibited purpose is defined in section 70A of the Act to include underwriting or determining whether to enter into an insurance contract that covers the healthcare recipient, or determining whether a contract of insurance covers a healthcare recipient in relation to a particular event. A prohibited purpose also includes decisions about employing, continuing or ceasing to employ a healthcare recipient.

Section 59A currently prohibits a person from using health information included in a healthcare recipient's My Health Record for a prohibited purpose, if the person obtained the information by using or gaining access to the My Health Record system.

In practice many clinical information systems used by healthcare provider organisations to connect to the My Health Record system have functionality to download information from My Health Record into the local system. This may occur automatically or when triggered by the action of an individual healthcare provider.

The effect of the current provisions is that where a document or record has been downloaded from My Health Record into the local system, if the document is subsequently retrieved from the local system, this would not be a breach of the prohibited purpose provisions. This was not the intention of the current provisions, which were intended to ensure that a person should not use information for a prohibited purpose where it had been sourced from My Health Record.

Conformance requirements for connection to the My Health Record system require that where information has been sourced from My Health Record, this should be apparent to the user.

New subsection 59A(1A) imposes a civil penalty of 1500 penalty units. This penalty mirrors the existing penalty for breach of subsection 59A(1), which applies where a person obtains information by using or gaining access to the My Health Record system and uses that information for a prohibited purpose.

The penalty is considered reasonable given the importance of privacy protection and ensuring the My Health Record system is not used for purposes that are not related to the provision of healthcare to a healthcare recipient.

This amendment complements the amendment made by this Bill to repeal subsection 14(2) of the Healthcare Identifiers Act. Together, the effect of the amendments is that healthcare identifiers may now be used as part of communicating or managing information about healthcare provided to or about a healthcare recipient where that information may be used to underwrite or determine insurance contracts or employment decisions. However they ensure that information downloaded or saved in an information system outside of the My Health Record system, even if used and stored for a different authorised purpose, may not subsequently be used or communicated for a prohibited purpose, as that would breach new subsection 59A(1A).

Item 63 amends subsection 59A(2) of the My Health Records Act with the effect that the prohibitions on use of My Health Record for a prohibited purpose under subsections 59A(1) and new 59A(1A) do not apply if the person is the healthcare recipient. Subsection 59A(2) confirms that subsections 59A(1) and 59A(1A) do apply if the person is the nominated representative of the healthcare recipient.

Item 64 amends subsection 71(1) to provide that the prohibitions and authorisations under Divisions 1 and 2 of the Act are subject to new subsection 71(5).

Item 65 inserts subsection 71(5) with the effect that section 71 does not apply to the prohibition in section 59A(1A).

Item 66 includes subsection 59A(1A) in the list of civil penalty provisions enforceable by the Information Commissioner.

Item 67 provides that the amendments will apply to any use of health information that occurs on or after commencement of the item regardless of when the health information was obtained.

Division 11—Extension of authorisations

My Health Records Act 2012

Item 68 inserts a new paragraph 99(aa) to provide that authorisations to registered healthcare provider organisations under the My Health Records Act also extend to individual healthcare providers linked to those organisations who provide healthcare with the support, or using the facilities, of the organisation.

The new paragraph aligns with changes to the Healthcare Identifiers Act contained in the Aged Care Amendment Act and ensures that authorisations under the Healthcare Identifiers Act apply to individual healthcare providers working in corporate care models where providers operate independently but are linked to, rather than employed by, organisations that provide support or facilities to the individual healthcare provider to facilitate the provision of healthcare by those individual providers.

Item 69 extends authorisations of participants in the My Health Records System other than registered healthcare provider organisations or registered contracted service providers to contractors performing services under a contract relating to the My Health Records system.

New paragraph 99(ca) enables the authorisations applying to contractors of the System Operator or the operator of the National Repositories Service to also extend to subcontractors performing services under a contract relating to the My Health Record system.

This amendment aligns with similar amendments being made by this Bill to paragraph 36(bb) of the Healthcare identifiers Act.

Item 70 amends subparagraphs 99(d)(i) so that authorisations under the Act extend to individual employees of a person to whom new paragraph 99(ca) applies, that is an employee of a subcontractor where the subcontract relates to the My Health Record system, subject to subparagraph 99(d)(ii).

Item 71 amends subparagraph 99(d)(ii) so that authorisations under the Act extend to individual employees of a person to whom new paragraph 99(ca) applies, where the person's duties relate to the My Health Record system-related subcontract.

Division 12—Authorisations for the Australian Immunisation Register Act 2015

Australian Immunisation Register Act 2015

Item 72 amends section 4 of the Australian Immunisation Register Act 2015 (Australian Immunisation Register Act) to insert new definitions of 'healthcare identifier' and 'healthcare identifier information'.

Healthcare identifier has the same meaning as in the Healthcare Identifiers Act. Healthcare identifier information for a person has the meaning given by section 5B of the Australian Immunisation Register Act.

Item 73 amends paragraph (c) of the definition of relevant identifying information in section 4 of the Australian Immunisation Register Act to align with the new definition of 'healthcare identifier' in section 4.

Item 74 inserts a new section 5B defining 'healthcare identifier information'.

Currently, section 4 of the Australian Immunisation Register Act includes healthcare recipients' individual healthcare identifiers as part of the definition of relevant identifying information that may be included in the Australian Immunisation Register by virtue of paragraph 9(a) of the Act.

However, while section 9 also refers to information about a healthcare provider that may be included in the Australian Immunisation Register, this does not include healthcare identifiers for the individual healthcare providers administering vaccinations and related activities or the provider organisations where vaccinations and other related activities occur.

Section 10A of the Australian Immunisation Register Act contains requirements to report information about certain vaccines, stating that the provider of a relevant vaccine must report the information prescribed by the Australian Immunisation Register Rule 2015 for that vaccination for inclusion in the Australian Immunisation Register. Section 9 of that Rule lists provider identification information as defined in section 5A of the Act as a reporting requirement for immunisation register.

The definition of provider identification information in the Act does not include healthcare identifiers for the provider.

By including a new definition of 'healthcare identifier information', the amendments in this Bill have the result that provider healthcare identifiers may be, but are not required to be, included in the Australian Immunisation Register.

Healthcare identifier information for a person means an individual healthcare provider's healthcare identifier, and if an individual provider is linked to a healthcare provider organisation, the healthcare identifier for the healthcare provider organisation. Related amendments in this Bill provide that healthcare identifier information may be included in the immunisation register.

New subsection 5B(2) defines the terms 'healthcare provider', 'healthcare provider organisation', 'individual healthcare provider' and 'linked' provider as having the same meaning as in the Healthcare Identifiers Act.

Item 75 – amends subparagraphs 9(b)(iii) and (iv) to include healthcare identifier information.

Section 9 of the Australian Immunisation Register Act sets out the information that the Australian Immunisation Register may contain. This item amends subparagraphs 9(b)(iii) and (iv) to provide for the inclusion of healthcare identifier information, as defined in new section 5B of the Act, respectively, for the healthcare provider administering a vaccine in Australia, or who has been given information about a vaccination administered outside Australia.

Item 76 amends subparagraph 9(d)(iii) to provide that healthcare identifier information as defined in section 5B of the Act, about an individual healthcare provider who has assessed that a person does not require a vaccination because they have a natural immunity to a disease or diseases, or a medical contraindication to a vaccine, may be included in the Australian Immunisation Register.

Part 3 – Simplifying information sharing for connected service delivery

Division 1—Information sharing amendments

A New Tax System (Family Assistance) (Administration) Act 1999

Item 77 repeals subsection 161(1) of the Family Assistance Administration Act as a consequence of the amendment made by Item 78.

Item 78 inserts new paragraph 162(2)(daf) into the Family Assistance Administration Act to expressly authorise a person to make a record of protected information, disclose such information to any person, or otherwise use such information if the record, disclosure or use is for the purposes of the Child Support (Assessment) Act and the Child Support (R&C) Act (Child Support legislation).

Item 78 also inserts new paragraphs (dag) and (dah) into subsection 162(2) of the Family Assistance Administration Act. This amendment creates an exemption from provisions in the family assistance law that, in certain circumstances, prohibit the recording, disclosure or use of protected information (as defined by the family assistance law). The amendment allows any person to record, disclose or otherwise use protected information for the purposes of a:

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'centrelink program', as defined by section 40 of the Human Services (Centrelink) Act 1997 (Centrelink Act); or

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'medicare program', as defined by section 41G of the Human Services (Medicare) Act 1973 (Medicare Act).

Item 79 makes a minor amendment to subparagraph 168(1)(b)(ii) that is consequential on the amendment made by Item 80.

Item 80 repeals subparagraphs 168(1)(b)(iii) and (iv), which allow the Secretary (of the relevant department) to disclose protected information to the Chief Executive Centrelink or the Chief Executive Medicare for the purposes of, respectively, a centrelink program or a medicare program. The repealed subparagraphs are no longer required because of the amendment made by Item 78.

These amendments simplify the arrangements for disclosing family assistance law-related protected information for the purposes of administering centrelink programs and medicare programs. While this is currently permitted by subparagraphs 168(1)(b)(iii) and (iv) of the Family Assistance (Administration) Act, these changes address a sub-delegation limitation that has meant that certain officers in Services Australia were unable to share protected information for the purposes of a centrelink program or a medicare program, limiting the ability to deliver programs that meet the end-to-end needs of customers. In doing this, the changes ensure that the legal arrangements for sharing protected information across centrelink and medicare programs reflects Services Australia's contemporary operational structure.

These changes also ensure that the arrangements for recording, disclosing and using family assistance-related protected information for other centrelink programs, and medicare programs are aligned with the arrangements for sharing that information for the purposes of other Commonwealth programs (such as the Dental Benefits Act 2008) (Dental Benefits Act).

Child Support (Assessment) Act 1989

Item 81 inserts new paragraphs (aa) and (ab) into subsection 150(2A) of the Child Support (Assessment) Act 1989 (Child Support (Assessment) Act). This amendment creates an exemption from provisions in the Child Support (Assessment) Act that, in certain circumstances, prohibit a person making a record of or communicating protected information (as defined by the Child Support (Assessment) Act).

The amendment allows a person to whom section 150 applies to make a record of or communicate protected information for the purposes of a:

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'centrelink program', as defined by section 40 of the Centrelink Act; or

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'medicare program', as defined by section 41G of the Medicare Act.

Item 82 repeals paragraph 150(3)(bb), which allows the Child Support Registrar (or a person authorised by the Registrar) to communicate protected information to the Chief Executive Medicare or a Departmental employee for the purposes of the performance of functions, or the exercise of powers, in connection with a medicare program. The repealed subparagraph is no longer required because of the amendment made by Item 81.

These amendments address limitations in paragraphs 150(3)(ba) and (bb) of the Child Support (Assessment) Act that have precluded the communication of protected information to a member of Services Australia's workforce unless that person is an APS employee (noting the definitions of 'Departmental employee' in section 3 of the Centrelink Act and section 3 of the Medicare Act). This limitation is not reflective of the varied nature of Services Australia's workforce and has restricted the ability to deliver programs that meet the end-to-end needs of recipients.

These changes ensure that the legal arrangements for sharing Child Support-related protected information to centrelink and medicare programs reflects Services Australia's contemporary operational structure.

Child Support (Registration and Collection) Act 1988

Item 83 inserts a definition of 'centrelink program' into subsection 4(1) of Child Support (Registration and Collection) Act 1988 (Child Support (R&C) Act. This definition is required in light of the amendment made by Item 85.

Item 84 repeals the definition of 'Chief Executive Medicare' from subsection 4(1). The amendment is consequential on the amendment made by Item 86.

Item 85 inserts new paragraphs (aa) and (ab) into subsection 16(2A). This amendment creates an exemption from provisions in Child Support (R&C) Act that, in certain circumstances, prohibit a person from making a record of or communicating protected information (as defined by the R&C Act). The amendment allows a person to whom section 16 applies to make a record of or communicate protected information for the purposes of a:

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'centrelink program', as defined by section 40 of the Centrelink Act; or

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'medicare program', as defined by section 41G of the Medicare Act.

Item 86 repeals paragraph 16(3)(bb), which allows the Child Support Registrar (or a person authorised by the Registrar) to communicate protected information to the Chief Executive Medicare or a Departmental employee for the purposes of the performance of functions, or the exercise of powers, in connection with a medicare program. The repealed subparagraph is no longer required because of the amendment made by Item 85.

These amendments address limitations in paragraphs 16(3)(ba) and (bb) of the Child Support (R&C) Act that have precluded the communication of protected information to a member of Services Australia's workforce unless that person is an APS employee (noting the definitions of 'Departmental employee' in section 3 of the Centrelink Act and section 3 of the Medicare Act).

This limitation is not reflective of the varied nature of Services Australia's workforce and has restricted the ability to deliver programs that meet the end-to-end needs of recipients. These changes ensure that the legal arrangements for sharing Child Support-related protected information to centrelink and medicare programs reflects Services Australia's contemporary operational structure.

Paid Parental Leave Act 2010

Item 87 inserts definitions of 'centrelink program' and 'medicare program' into section 6 of the Paid Parental Leave Act 2010 (Paid Parental Leave Act). These definitions are required because of the amendment made by Item 891.

Item 88 repeals subsection 126(1) of the Paid Parental Leave Act as a consequence of the amendment made by Item 4.

Item 89 inserts new paragraph 127(2)(dd), (de), and (df) into the Paid Parental Leave Act, to expressly authorise a person to make a record of protected information, disclose such information to any person, or otherwise use such information if the record, disclosure or use is for the purposes of the Child Support legislation, or a centrelink program, or a medicare program.

These amendments ensure the Paid Parental Leave Act is aligned with the social security law, family assistance law and Student Assistance Act 1973 (Student Assistance Act) in permitting the recording, disclosure and use of Paid Parental Leave Act-related protected information for the purposes of medicare programs or and centrelink programs.

Social Security (Administration) Act 1999

Item 90 repeals subsection 201(1) of the Social Security Administration Act as a consequence of the amendment made by Item 6.

Item 91 inserts new paragraph 202(2)(dad), (dae), and (daf) into the Social Security Administration Act to expressly authorise a person to make a record of protected information, disclose such information to any person, or otherwise use such information if the record, disclosure or use is for the purposes of the Child Support legislation, or a centrelink program, or a medicare program.

Item 92 makes a minor amendment to subparagraph 208(1)(b)(iii) that is consequential on the amendment made by Item 91.

Item 93 repeals subparagraphs 208(1)(b)(iv) and (v), which allow the Secretary (of the relevant department) to disclose protected information to the Chief Executive Centrelink or the Chief Executive Medicare for the purposes of, respectively, a centrelink program or a medicare program. The repealed subparagraphs are no longer required because of the amendment made by Item 91.

These amendments simplify the arrangements for disclosing social security law-related protected information for the purposes of administering centrelink programs and medicare programs. While this is currently permitted by subparagraphs 208(1)(b)(iv) and (v) of the Social Security (Administration) Act 1999 (Social Security Administration Act), these changes address a sub-delegation limitation that has meant that certain officers in Services Australia were unable to share protected information for the purposes of a centrelink program or a medicare program, limiting the ability to deliver programs that meet the end-to-end needs of recipients. In doing this, the changes ensure that the legal arrangements for sharing protected information across centrelink and medicare programs reflects Services Australia's contemporary operational structure.

These changes also ensure that the arrangements for recording, disclosing and using social security-related protected information for other centrelink programs, and medicare programs are aligned with the arrangements for sharing that information for the purposes of other Commonwealth programs (such as the Business Services Wage Assessment Tool Payment Scheme Act 2015 and the Dental Benefits Act).

Student Assistance Act 1973

Item 94 inserts new paragraph 351(2)(de), (df), and (dg) into the Student Assistance Act, to expressly authorise a person to make a record of protected information, disclose such information to any person, or otherwise use such information if the record, disclosure or use is for the purposes of the Child Support legislation, or a centrelink program, or a medicare program.

Item 95 repeals subsection 351(3) as a consequence of the amendment made by Item 94.

Item 96 repeals subparagraphs 355(1)(b)(iii) and (iv), which allow the Secretary (of the relevant department) to disclose protected information to the Chief Executive Centrelink or the Chief Executive Medicare for the purposes of, respectively, a centrelink program or a medicare program. The repealed subparagraphs are no longer required because of the amendment made by Item 94.

These amendments simplify the arrangements for disclosing Student Assistance Act-related protected information for the purposes of administering centrelink programs and medicare programs. While this is currently permitted by subparagraphs 355(1)(b)(iii) and (iv) of the Student Assistance Act, these changes address a sub-delegation limitation that has meant that certain officers in Services Australia were unable to share protected information for the purposes of a centrelink program or a medicare program, limiting the ability to deliver programs that meet the end-to-end needs of recipients.

In doing this, the changes ensure that the legal arrangements for sharing protected information across centrelink and medicare programs reflects Services Australia's contemporary operational structure.

These changes also ensure that the arrangements for recording, disclosing and using Student Assistance Act-related protected information for other centrelink programs, and medicare programs are aligned with the arrangements for sharing that information for the purposes of other Commonwealth programs (such as the Dental Benefits Act).

Item 97 provides for the application of the amendments made by Division 1 of Part 3 of Schedule 1 of the Bill. The amendments apply in relation to the recording, use or disclosure (however described) of information that occurs on or after the commencement of Part 3, 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

Item 98 adds a reference to new section 127A in paragraph 127(2)(e) of the Paid Parental Leave Act. This amendment is consequential on Item 99 to facilitate the recording, use or disclosure of information pursuant to the new section 127A.

Item 99 inserts new section 127A after section 127 to prevent an officer from being required to provide certain documents or information to a court or other authority with power to require the production of documents or the answering of questions, unless for the purposes of the Paid Parental Leave Act or the Royal Commissions Act 1902 (Royal Commissions Act).

This new section will provide the necessary protection to such officers from being compelled to provide such information to courts and other authorities, consistent with equivalent provisions in other centrelink program legislation, such as section 207 of the Social Security Administration Act. 'Officer' is defined in section 6 of the Paid Parental Leave Act to mean any person performing duties, or exercising powers or functions, under or in relation to the Act.

Item 100 repeals the heading of section 128 and substitutes it with a new heading which reflects that the provision relates to disclosures of information by the Secretary.

Item 101 omits "Despite sections 129 to 132" in subsection 128(1) and substitutes it with "Despite sections 127A, 129, 130, 131 and 132". This amendment is consequential on Item 2 to ensure that section 127A does not limit the purposes for which the Secretary can disclose information under subsection 128(1).

Item 102 removes a limitation in which the Secretary can only disclose information to an Agency Head for the purposes of that Agency (within the meaning of the Public Service Act 1999 (Public Service Act)), if the disclosure is required by a law of the Commonwealth.

This amendment will align paragraph 128(1)(b) with equivalent provisions in other centrelink program legislation that do not have this requirement, including:

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paragraph 208(1)(b)(i) of the Social Security Administration Act;

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paragraph 168(1)(b)(i) of the Family Assistance (Administration) Act; and

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paragraphs 355(1)(b)(i) and (ii) of the Student Assistance Act.

This amendment also ensures that the new section 127A will not limit the Secretary's power to disclose information under paragraph 128(1)(b).

Item 103 inserts a new subsection (7) at the end of section 128 that clarifies that the Secretary or an officer must disclose protected information pursuant to a summons, notice or other requirement under the Royal Commissions Act. A disclosure in these circumstances is taken to be considered a disclosure for the purposes of the Royal Commissions Act and of the Royal Commission that required the information. There are corresponding provisions in the family assistance law and social security law.

Part 4 – Improving arrangements for transferring customers between payment types

Social Security (Administration) Act 1999

Item 104 repeals and substitutes subsection 12(1) of the Social Security Administration Act. This amendment is consequential on the insertion of new subsections 12(3) to (7) by item 106.

Existing subsection 12(1) allows the Secretary to determine a person is taken to have made a claim for an income support payment if the person became qualified for that 'new payment' while receiving, or immediately after ceasing to receive, another income support payment. New subsection 12(1) is in substantively the same terms, but introduces the term 'other payment' to describe the latter payment. This term is used in new subsections 12(3) to (5), as inserted by item 12 below.

Item 105 inserts a heading to subsection 12(2) to delineate between the scope of that subsection, which relates to subsection 12(1) (inserted by item 104 above), and the scope of the new subsections being inserted into section 12 by item 106 below.

Item 106 inserts new subsections 12(3) to (7) into section 12. These provisions apply where the 'new payment' and the 'other payment', as provided in new subsection 12(1) (inserted by item 104 above), are social security payments.

The term 'income support payment' is defined in subsection 23(1) of the Social Security Act 1991 (Social Security Act) as including social security benefits and social security pensions, as well as other specified payments. However, not all 'income support payments' are 'social security payments', as defined in subsection 23(1) of the Social Security Act. In particular, the payments specified in the definition of 'income support payment' that are provided under the Veterans' Entitlements Act 1986 (Veterans' Entitlements Act) are not 'social security payments'. The term 'social security payment' is instead limited to payments provided under the social security law, including social security benefits and social security pensions. These terms are also defined in subsection 23(1) of the Social Security Act. The term 'social security benefit' includes payments such as jobseeker payment, youth allowance, austudy payment, special benefit and parenting payment (partnered). The term 'social security pension' includes payments such as age pension, disability support pension, carer payment and parenting payment (single).

New subsections 12(3) to (7), inserted by item 106, relate to the Secretary's consideration of whether a person became qualified for the 'new payment', which is relevant to the Secretary deciding whether to make a determination under new subsection 12(1) that a person is taken to have made a claim for the 'new payment'. This is known as a 'deemed claim'.

New subsections 12(3) to (7) are intended to simplify the process of transferring a person from one payment type to a new payment type, because it allows the Secretary to rely in certain circumstances on previous determinations relating to the person's qualification for, or payability of, the other payment when considering their qualification for the new payment. This will streamline processes relating to payment transfers, as it will not be necessary for a decision-maker to reassess the same criteria and remake relevant determinations, where there is no information which may affect the previous findings.

In broad summary, new subsections 12(3) to (7) expressly allow the Secretary to treat a person as meeting certain criteria that are relevant to the person's qualification for the new payment if:

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those criteria are the same as for the other payment,

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the Secretary was satisfied, in relation to the other payment, that the person met those criteria, and

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the Secretary does not have any new information that might affect whether the person satisfies those criteria for the purposes of the new payment.

For example, if a person were receiving parenting payment and had previously been assessed as being an 'Australian resident' under subsection 7(2) of the Social Security Act for the purposes of qualifying for that payment, and Services Australia has not been given any new information that might affect that assessment, the amendments expressly allow a decision-maker to rely on the previous assessment for the purposes of considering whether the person became qualified for jobseeker payment, and whether to determine that the person is taken to have made a claim for jobseeker payment (assuming all other qualification requirements for jobseeker payment are also met) for the purposes of new subsection 12(1) of the Social Security Administration Act.

Specifically, new subsection 12(3) provides that new subsections 12(4) and (5) apply to the Secretary's consideration of whether a person became qualified for a new social security payment, in deciding whether to make a deemed claim determination under new subsection 12(1).

New subsection 12(4) expressly allows the person to be treated (subject to one condition) as having satisfied an 'eligibility requirement' for the new payment (referred to as a 'new requirement') if it is also an 'eligibility requirement' for the other payment (referred to as a 'current requirement') and the Secretary was satisfied at a particular time that the person satisfied the current requirement. The condition is that since that time no information or statement has been given to Services Australia about an event, a change of circumstances or a matter that might affect whether the person satisfies the requirement concerned.

Similarly, new paragraph 12(5)(a) expressly allows an 'eligibility factor' for the new payment (referred to as the 'new factor'), that is the same as an eligibility factor for the other payment (referred to as the 'current factor'), to be treated (subject to one condition) as having existed in relation to the person if the Secretary was satisfied at a particular time that the current factor existed in relation to the person. The condition is that since that time no information or statement has been given to Services Australia about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.

New paragraph 12(5)(b) also applies in the same way to treat an eligibility factor as not existing in relation to a person. That is, new paragraph 12(5)(b) expressly allows an eligibility factor for the new payment (referred to as the 'new factor'), that is the same as an eligibility factor for the other payment (referred to as the 'current factor'), to be treated (subject to one condition) as not existing in relation to the person if the Secretary was satisfied at a particular time that the current factor did not exist in relation to the person. Again, the condition is that since that time no information or statement has been given to Services Australia about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.

New subsection 12(6) is intended to clarify that new subsections 12(3) to (5) do not indicate any limitation on any other powers of the Secretary to treat a person as having satisfied an eligibility requirement, or to treat an eligibility factor as existing or not existing in relation to a person, in making a deemed claim determination under new subsection 12(1). This means that decision-makers can still exercise any other relevant powers for these purposes, when considering subsection 12(1).

New subsection 12(7) defines 'eligibility factor' and 'eligibility requirement' for the purposes of the new subsections 12(4), (5) and (6).

The term 'eligibility factor' is defined as a fact, matter or circumstance that is relevant to whether a person qualifies for a payment, or whether the payment is payable to the person. For example, this includes the fact of whether a person is an Australian citizen, permanent visa holder or Special Category Visa (SCV) holder who is a protected SCV holder. This is relevant to whether the person is an 'Australian resident' under subsection 7(2) of the Social Security Act, which is relevant to whether the person qualifies for jobseeker payment under subparagraph 593(1)(g)(ii) of that Act.

The term 'eligibility requirement' is defined as a requirement that a person must satisfy to qualify for a payment, or for the payment to be payable to the person. For example, to qualify for jobseeker payment, subparagraph 593(1)(g)(ii) of the Social Security Act requires that the person must be an Australian resident or exempt from the residence requirements under subsection 7(7) of that Act.

Item 107 inserts new section 37AB into the Social Security Administration Act, after section 37AA. New section 37AB is intended to operate in a similar way to new subsections 12(3) to (7) (inserted by item 106 above), but in relation to the Secretary's consideration of whether to determine that a claim for a social security payment or a concession card is to be granted under section 37. This is the provision under which claims (including deemed claims under subsection 12(1)) for social security payments and concession cards are granted.

New section 37AB is intended to simplify the process of granting claims (including deemed claims under subsection 12(1)), because it allows the Secretary to rely in certain circumstances on previous determinations relating to the person's qualification for their current social security payment or concession card (referred to as the 'current benefit'), when considering their qualification for the new payment or concession card they are claiming or have been taken to have claimed (referred to as the 'new benefit'). It also allows the Secretary to rely on previous determinations relating to whether a person's current social security payment is payable when considering whether the new benefit (if a social security payment) is payable. This is also intended to streamline processes relating to granting claims, as it will not be necessary for a decision-maker to reassess the same criteria and remake relevant determinations, where there is no information which may affect the previous findings.

In broad summary, new section 37AB expressly allows the Secretary to treat a person as meeting certain criteria that are relevant to the person's qualification for the new benefit or the payability of the new benefit if:

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those criteria are the same as for the current benefit;

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the Secretary was satisfied, in relation to the current benefit, that the person met those criteria; and

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the Secretary does not have any new information that might affect whether the person satisfies those criteria for the purposes of the new benefit.

Specifically, new subsection 37AB(1) provides that where a claim for a new benefit is made by a person receiving or holding a current benefit, new subsections 37AB(2) and (3) apply to the Secretary's consideration of whether a claim is to be granted under section 37. This is in relation to whether the Secretary is satisfied that the person is qualified, or is expected to be qualified, for the new benefit, and 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, for the purposes of section 37.

New subsection 37AB(1) provides that new section 37AB only applies in considering claims made (including claims taken to have been made) by a person for a social security payment or concession card, when they are already receiving another payment or holding another concession card. This assists in ensuring that the Secretary is relying on up-to-date information about current recipients and cardholders, who are subject to obligations to notify Services Australia of events or changes of circumstances that might affect the payment of their social security payment or their qualification for their concession card (see subsection 66A(2) and section 68 of the Social Security Administration Act).

New subsection 37AB(2) expressly allows the person to be treated (subject to one condition) as having satisfied an 'eligibility requirement' for the new benefit (referred to as a 'new requirement') if it is also an 'eligibility requirement' for the current benefit (referred to as a 'current requirement') and the Secretary was satisfied at a particular time that the person satisfied the current requirement. The condition is that since that time no information or statement has been given to Services Australia about an event, a change of circumstances or a matter that might affect whether the person satisfies the requirement concerned.

Similarly, new paragraph 37AB(3)(a) expressly allows an 'eligibility factor' for the new benefit (referred to as the 'new factor'), that is the same as an eligibility factor for the current benefit (referred to as the 'current factor'), to be treated (subject to one condition) as having existed in relation to the person if the Secretary was satisfied at a particular time that the current factor existed in relation to the person. The condition is that since that time no information or statement has been given to Services Australia about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.

New paragraph 37AB(3)(b) also applies in the same way to treat an eligibility factor as not existing in relation to a person. That is, new paragraph 37AB(3)(b) expressly allows an eligibility factor for the new benefit (referred to as the 'new factor'), that is the same as an eligibility factor for the other payment (referred to as the 'current factor'), to be treated (subject to one condition) as not existing in relation to the person if the Secretary was satisfied at a particular time that the current factor did not exist in relation to the person. Again, the condition is that since that time no information or statement has been given to Services Australia about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.

For example, parenting payment is not payable if (among other things) a person is 'in gaol' (in accordance with subsection 23(5) and section 1158 of the Social Security Act) or is subject to a compensation lump sum preclusion period (in accordance with sections 17, 1169 and 1170 of the Social Security Act). This is also the case for jobseeker payment. If a parenting payment recipient claims (or is taken to have claimed) jobseeker payment and the Secretary was previously satisfied that these eligibility factors did not exist so as to affect whether parenting payment was payable to the person, and Services Australia has not received any new information which may affect this, a decision-maker may rely on the previous assessment that these factors did not exist in relation to the person for the purposes of considering whether jobseeker payment is payable to the person, for the purposes of determining whether their jobseeker payment claim is to be granted under section 37.

New subsection 37AB(4) is intended to clarify that new section 37AB does not indicate any limitation on any other powers of the Secretary to treat a person as having satisfied an eligibility requirement, or to treat an eligibility factor as existing or not existing in relation to a person, in making a grant determination under section 37. This means that decision-makers can still exercise any other relevant powers for these purposes, when considering section 37.

New subsection 37AB(5) defines 'eligibility factor' and 'eligibility requirement' for the purposes of the new subsections 37AB(2), (3) and (4).

The term 'eligibility factor' is defined for social security payments as a fact, matter or circumstance that is relevant to whether a person qualifies for a payment, or whether the payment is payable to the person. For example, this includes the fact of whether a person is an Australian citizen, permanent visa holder or SCV holder who is a protected SCV holder. This is relevant to whether the person is an 'Australian resident' under subsection 7(2) of the Social Security Act, which is relevant to whether the person qualifies for jobseeker payment under subparagraph 593(1)(g)(ii) of that Act.

For concession cards, 'eligibility factor' is defined as a fact, matter or circumstance that is relevant to whether a person qualifies for the card. For example, in certain cases this includes the matters of whether a person has a child who is a 'dependent child', and whether they are partnered or single. This is relevant to whether a jobseeker payment recipient, who is not a member of a couple, qualifies for a pensioner concession card as a 'principal carer' of a child under subparagraph 1061ZA(2B)(b)(ii) of the Social Security Act.

The term 'eligibility requirement' is defined for social security payments as a requirement that a person must satisfy to qualify for a payment, or for the payment to be payable to the person. For example, to qualify for jobseeker payment, subparagraph 593(1)(g)(ii) of the Social Security Act requires that the person must be an Australian resident or exempt from the residence requirements under subsection 7(7) of that Act.

For concession cards, the term 'eligibility requirement' is defined as a requirement that a person must satisfy to qualify for the card. For example, for a jobseeker payment recipient to qualify for a pensioner concession card as a 'principal carer', subparagraph 1061ZA(2B)(b)(ii) of the Social Security Act requires that the person must be the principal carer of at least one child and not a member of a couple.

Part 5 – Simplifying re-issue processes for non-income tested Commonwealth seniors health care cards

Social Security Act 1991

Items 108 and 109 relate to the legislative notes following subsection 1061ZJA(4) of the Social Security Act. Item 109 repeals note 2, as a person no longer needs to make a claim in order for a seniors health card to be issued to the person if they return to Australia after the 19-week period referred to in subsection 1061ZJA(4). This is due to the amendments made by items 110 and 111 below.

Item 108 removes the numbering from note 1 as this is the only remaining note following subsection 1061ZJA(4).

Item 110 inserts new subsection 1061ZJA(5) into the Social Security Act. New subsection 1061ZJA(5) prescribes that, if a person previously held a seniors health card issued under subsection 1061ZJA(3) or 1061ZJA(4), or under this new subsection 1061ZJA(5), and that person does not currently hold, but is qualified for, a seniors health card, then the Secretary must issue a seniors health card to the person.

This reflects the policy intention that a person who is part of the relevant cohort to which section 1061ZJA applies, but who has stopped holding a seniors health card for any reason, is able to regain access to that card where qualified.

There are three legislative notes following new subsection 1061ZJA(5) to provide clarification in relation to this provision.

Social Security (Administration) Act 1999

Item 111 amends subsection 11(3) of the Social Security Administration Act to include a reference to new subsection 1061ZJA(5) of the Social Security Act as inserted by item 110 above. This ensures a person does not need to make a claim in order for a seniors health card to be issued to them pursuant to new subsection 1061ZJA(5).

This is consistent with the approach for seniors health cards issued under subsections 1061ZJA(3) and 1061ZJA(4) of the Social Security Act, and facilitates efficient access to a seniors health card for persons who are part of the relevant cohort to which section 1061ZJA applies.

Item 112 adds a reference to new subsection 1061ZJA(5) of the Social Security Act, as inserted by item 110 above, into subsection 37A(1A) of the Social Security Administration Act. This ensures that the general requirement that a seniors health card expires at the end of the period specified in the determination granting a claim for the seniors health card, does not apply in relation to cards issued pursuant to new subsection 1061ZJA(5). This is consistent with the changes made to the Social Security Administration Act by item 111 above, prescribing no claim is required for cards issued pursuant to new subsection 1061ZJA(5).

Item 113 amends subsection 240A(3) of the Social Security Administration Act to include a reference to new subsection 1061ZJA(5) of the Social Security Act, as inserted by item 110 above. This prescribes that a seniors health card issued pursuant to new subsection 1061ZJA(5) is not required to specify a date on which the card expires.

Item 114 amends paragraph 240C(1)(a) of the Social Security Administration Act to include a reference to new subsection 1061ZJA(5) of the Social Security Act, as inserted by item 110 above. This prescribes that, if an expiry date is specified on a seniors health card issued under new subsection 1061ZJA(5) (even though this is not required), and on the day following that day, the person who was the holder of the card remains qualified for the card, then the Secretary must issue a further card to the person. This is provided a further card has not already been issued to the person under subsection 240C(2) of the Social Security Administration Act.

Item 115 amends paragraph 240C(2)(a) of the Social Security Administration Act to include a reference to new subsection 1061ZJA(5) of the Social Security Act, as inserted by item 110 above. This prescribes that, if an expiry day is specified on a seniors health card issued under new subsection 1061ZJA(5) (even though this is not required), and the Secretary is satisfied that the person is likely to remain qualified for the card after the end of that date, then the Secretary may, at any time before the expiry day, issue a further card to the person which will take effect on the day following the expiry day.

Veterans' Entitlements Act 1986

Item 116 inserts a reference to a new subsection 118XA(4) in to subsection 118Y(2) of the Veterans' Entitlements Act in order to ensure that new subsection 118XA(4) is excluded from the requirement to make a proper claim as per subsection 118Y(1).

Item117 inserts new subsection 118XA(4) into the Veterans' Entitlements Act. New subsection 118XA(4) prescribes that, if a person previously held a seniors health card issued under subsection 118XA(3) or under this new subsection 118XA(4), and that person does not currently hold, but is qualified for, a seniors health card, then the Commission must issue a seniors health card to the person. This reflects the policy intention that a person who is part of the relevant cohort to which section 118XA applies, but who has stopped holding a seniors health card for any reason, is able to regain access to that card where qualified.

There are three legislative notes following new subsection 118XA(4) to provide clarification in relation to this provision.

Schedule 2 – Amendments to improve or maintain access to government services

Part 1 – Removing barriers to accessing additional child care subsidy child wellbeing

Amendments to the Family Assistance Act and the Family Assistance (Administration) Act in Schedule 2 to the Bill replace the term "at risk of serious abuse or neglect" with the term "in need of wellbeing support" for the purpose of accessing ACCS (child wellbeing, a form of additional child care subsidy. For the same purposes, "at risk day" is replaced with "wellbeing day", with other refences to "risk" replaced with "need" as an alternative to the current eligibility language.

These amendments do not impact the current ACCS (child wellbeing) eligibility criteria. Rather, these amendments remove stigmatising language which create barriers to accessing ACCS (child wellbeing). Moving to strength-based terminology is intended to support eligible families (especially First Nations families and domestic violence victims) to be more inclined to engage with approved providers to access affordable early childhood education and care and the appropriate supports to improve the child's wellbeing, through the Additional Child Care Subsidy and associated provider reporting requirements.

A New Tax System (Family Assistance) Act 1999

Item 1 amends section 85AA of the Family Assistance Act (paragraph beginning "the approved provider") to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support". This amendment gives effect to the policy decision to move away from stigmatising language which may act as a barrier to eligible families accessing ACCS (child wellbeing) and replace it with strength-based language.

The purpose of this is to encourage eligible families (especially First Nations families and domestic violence victims) to engage with approved providers to access affordable early childhood education and care and the appropriate supports to improve the child's wellbeing through ACCS (child wellbeing and associated provider reporting requirements. The amendments to section 85AA implement this policy in the simplified outline setting out when an approved provider of a child care service may be eligible for ACCS (child wellbeing) when there is an eligible individual.

Item 2 repeals subsection 85CA(4) and inserts new subsection 85CA(4) to reflect the change from "child at risk of serious abuse or neglect" to "child in need of wellbeing support". This amendment implements strength-based language in the new subsection 85CA(4) which permits the Minister to prescribe when a child is or is not taken to be a "child in need of wellbeing support" in the Child Care Subsidy Minister's Rules 2017.

Item 3 amends subsection 85CB(1) to replace the old definition with the new strength based language without otherwise changing the requirements to issue a section 85CB certificate.

Item 4 amends paragraphs 85CB(2)(c) and (d) to omit "at risk day" and substitute it with "wellbeing day", to implement strength-based language.

Item 5 amends paragraphs 85CC(1)(b) and 85CD(1)(b) to omit "at any risk of serious abuse or neglect" and substitute it with "in any need of wellbeing support". These amendments continue to implement the strength-based language in respect of section 85CB ACCS (child wellbeing) certificates.

Item 6 amends paragraph 85CE(1)(a) to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support". This amendment implements the strength-based language in respect of section 85CE ACCS (child wellbeing) determinations.

Item 7 amends paragraph 85CE(3)(a) to omit "at risk of serious abuse or neglect on a day (at at risk day)" and substitute it with "in need of wellbeing support on a day (a wellbeing day) to implement strength-based language in the context of section 85CE determinations. The amendment does not change when the Secretary can make a written determination under section 85CE.

Item 8 amends paragraph 85CE(5)(a) to omit "an at risk day" and substitute it with "a wellbeing day" to continue to adopt the concept of "wellbeing day" in respect of section 85CE determinations.

Item 9 amends subparagraph 85CE(5)(b)(i) to omit "an at risk day" and substitute it with a "wellbeing day" to continue to adopt the concept of "wellbeing day" in respect of section 85CE determinations.

Item 10 amends paragraph 85CE(6)(b) to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support" to implement strength-based language in respect of section 85CE determinations.

Item 11 amends paragraph 85CF(1)(b) to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support" to implement strength-based language in respect of decisions to vary or revoke section 85CE determinations.

A New Tax System (Family Assistance) (Administration) Act 1999

Item 12 amends s 67FA of the Family Assistance Administration Act (paragraph beginning "providers have") to omit "at risk of serious abuse or neglect is not at risk" and substitutes it with "in need of wellbeing support is not in need of wellbeing support". Amendments made to the Family Assistance Act to remove stigmatising language of "at risk of serious abuse or neglect" have been implemented into the A Family Administration Act to reflect the change in language and reduce barriers to accessing ACCS (child wellbeing). The amendments do not change any substantive requirements set out in the Family Administration Act.

Item 13 amends section 67FC (heading) to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support". This amendment implements strength-based language in respect of notice requirements if a child is no longer eligible for ACCS (child wellbeing).

Item 14 amends paragraphs 67FC(1)(b) and (2)(b) to omit "at risk of serious abuse or neglect" and substitute it with "in any need of wellbeing support", to implement the strength-based language in respect of notice requirements where a child is no longer in need of wellbeing support.

Item 15 amends subparagraph 202C(1)(a)(i) to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support", to implement the strength-based language in respect of the requirement to keep records in relation to when certification for ACCS (child wellbeing) is given.

Item 16 amends paragraphs 202C(2)(b) and (c) to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support", to implement the strength-based language in the requirement to keep records when ACCS (child wellbeing) certification is cancelled.

Item 17 amends section 204K (heading) to omit "at risk of serious abuse or neglec t", and substitute it with "in need of wellbeing support" to implement the strength-based language in respect of requirements to notify appropriate State/Territory support agency of a child is in need of wellbeing support.

Item 18 amends subsection 204K(1) to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support" to implement the strength-based language to the section 204K requirements to notify appropriate State/Territory bodies when an approved provider gives the Secretary a certificate under section 85CB of the Family Assistance Act.

Item 19 amends paragraph 204K(2)(c) to omit "risk" and substitute it with "need" to continue to implement strength-based language implement in provisions which prescribe when referral to an appropriate State/Territory support agency is not required.

Item 20 amends subsection 204K(3) to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support" to implement strength-based language in respect of the requirement to notify an appropriate State/Territory support agency of a child in need of wellbeing support when an application for a determination under section 85CE of the Family Assistance Act is made.

Item 21 amends paragraph 204K(4)(b) to omit "risk" and substitute it with "need" to implement strength-based language in provisions which prescribe when referral to an appropriate State/Territory support agency is not required.

Item 22 amends section 219UB (table item 1, column headed "description") to omit "at risk of serious abuse or neglect" and substitute it with "in need of wellbeing support" to implement the strength-based language in the context of listed child care information provisions.

Item 23 is an application provision that provides that this amendment will apply to sessions of care provided during Child Care Subsidy (CCS) fortnights that start on or after the commencement of the item, meaning that it will apply to sessions of care provided during CCS fortnights that start on or after the later of 1 July 2026, and 6 months after royal assent. CCS entitlements are calculated in respect of a particular fortnight, so it is impractical to change the factors that affect entitlement midway through a CCS fortnight.

Item 24 is a transitional provision that provides that certificates in effect under section 85CB of the Family Assistance Act immediately before the commencement of this item continue in effect (and may be dealt with) on or after commencement as if it had been made under section 85CB as amended by this Part.

Applications for determinations under subsection 85CE(1) of the Family Assistance Act before the commencement of this item, in which the Secretary has not made a decision about before commencement, are taken, or and after that commencement, to be an application made under subsection 85CE(1) as amended by this Part.

Determinations in effect under section 85CE of the Family Assistance Act immediately before the commencement of this item continue 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.

The effect of these transitional provisions is that the amendments will not impact the validity of ACCS (child wellbeing) determinations, certificates, and applications for ACCS (child wellbeing) determinations in place prior to the amendments commencing. There will be no need to reissue any certificates or determinations, or reapply for an ACCS (child wellbeing) determination because of the amendments.

Part 2 – Extending timeframes to complete diagnostic imaging services

Health Insurance Act 1973

Item 25 amends subsection 16B(5) of the Health Insurance Act 1973 (Health Insurance Act) to substitute the requirement of "7 days" with "14 days".

This amendment is intended to extend the timeframe within which relevant parties must take action under subsection 16B(5). The change from 7 to 14 days provides additional time for compliance, reflecting contemporary administrative practices and allowing for more flexible and efficient processing. This adjustment is intended to reduce the risk of non-compliance due to time constraints and to support improved service delivery within the health insurance framework.

The amendment does not alter the substantive obligations under the Act but ensures that the timeframe for action is more practicable and aligned with current operational realities.

Part 3 – Addressing non-operational approved pathology collection centres

Division 1 – Main amendments

Health Insurance Act 1973

Item 26 inserts new paragraphs to enable the Minister to revoke the approval for a specimen collection centre in certain circumstances.

These changes will enable the Minister discretion to revoke the Medicare approval for a pathology collection centre if they consider the centre is not reasonably accessible to the public, not operating during reasonable hours, or not functioning as a specimen collection centre in respect of Medicare-subsidised pathology services.

Pathology services are essential to the delivery of quality health care. They support diagnosis, treatment, and management of medical conditions. To ensure equitable access to these services, it is critical that specimen collection centres are operational and accessible to the public.

Given the specialised nature of pathology premises and limitations within leases for appropriate sites as to the permitted use of the spaces, ostensibly non-operational or inaccessible centres risk impeding public access to pathology services. This is because their presence prevents establishment of operational and accessible centres. As such, non-operational centres decrease the availability of accessible Medicare-subsidised health care in various locations across Australia.

Currently, the Minister is unable to revoke approval if a centre is not reasonably accessible to the public or operating during reasonable hours. These changes will enable the Minister to revoke the approval of a specimen collection centre if a centre is not serving its intended purpose.

New subsection 23DNG(1A) will enable the Minister to revoke the approval for a specimen collection centre if, in any continuous 6 month period, beginning on the day the approval for the centre is granted, no pathology specimens are collected from a person at the centre, or the total amount of benefit claimed in respect of pathology services rendered to persons, using pathology specimens collected at the centre, is less than the amount of benefit prescribed by the regulations.

The minimum amount of Medicare benefit will be set by regulation, rather than a set amount in primary legislation. This will enable the amount to be set according to prevailing market conditions and taking into account the views of peak bodies. It will enable flexibility in prescribing amounts, to ensure that these can appropriately change over time to reflect indexation and other relevant factors. Importantly, this will allow the amount to be amended concurrently with any relevant changes to pathology services, which are set out in regulations. The Legislation Act requirement for consultation in relation to legislative instruments will also apply.

The amendments are designed to ensure that Medicare resources are directed toward pathology services that are operational and accessible to the public.

The changes are expected to improve the efficiency and accessibility of pathology services, support better utilisation of specialised premises and enhance the integrity of Medicare.

Division 2 – Application provisions

Item 27 provides that the amendments made to subsection 23DNG(1) apply in relation to approved collection centres where the approval is granted on or after the commencement of this Part.

Part 4 – Strengthening integrity of the pharmacy approvals process

Division 1 – Main amendments

National Health Act 1953

Item 28 inserts a new section 94A to the National Health Act 1953 (National Health Act) to provide the Secretary of the Department of Health, Disability and Ageing (Department of Health) with power to suspend the approval of a pharmacist to supply pharmaceutical benefits, granted under section 90 of the National Health Act, in circumstances where the pharmacist's registration under a state or territory law has been suspended.

There are limitations on the ability of the Secretary to suspend the approval of a pharmacist. Currently, the Secretary is unable to grant approval under section 90, to supply pharmaceutical benefits at particular premises, to a pharmacist who is not registered to practice as a pharmacist. However, if an approved pharmacist has their registration suspended, there is no express power for the Secretary to suspend their approval.

Changes would allow the Secretary to suspend the approval of a pharmacist if their registration to practice as a pharmacist is suspended. This would enable the Secretary to prevent the pharmacist from supplying pharmaceutical benefits during the period the pharmacist is suspended to practice as a pharmacist under state or territory law. Allowing a suspended pharmacist to retain their ability to supply pharmaceutical benefits is contrary to the intention of the National Health Act and may put the public at risk.

Under the Health Practitioner Regulation National Law, pharmacists must hold a current registration with the Pharmacy Board of Australia to practise in Australia. Without a current registration a person is not considered a pharmacist under the definition in the National Health Act and therefore cannot be approved to supply pharmaceutical benefits.

A pharmacist may have their registration to practice as a pharmacist suspended under state or territory law due to an actual or suspected risk to public safety. For example, a suspension may occur if a pharmacist is suspected to have engaged in professional misconduct, whilst the relevant disciplinary body determines whether the conduct is of a sufficiently serious nature to justify cancellation of the pharmacist's registration.

When considering whether or not suspension of a pharmacist's approval is appropriate, the Secretary must issue a notice in writing under subsection 94A(2) to the approved pharmacist notifying the pharmacist that suspension is being considered and inviting the pharmacist to make written submissions within 28 days after being given the notice.

At the end of the submission period, the Secretary may proceed to make a decision under subsection 94A(1). Subsection 94A(3) requires the Secretary to have regard to any submission made by the approved pharmacist when making a decision under subsection 94A(1).

Subsection 94A(4) provides that the Secretary must provide written notice of the decision to the pharmacist. The notice must include the period for which the approval is suspended.

A note to this provision sets out that section 266 of the Administrative Review Tribunal Act 2024 (Administrative Review Tribunal Act) requires that a person subject to a decision is to be notified of their review rights.

Subsection 94A(5) provides that if the Secretary does not issue a notice of their decision within 60 days following the end of the submission period, it is deemed that the Secretary has decided not to suspend the pharmacist's approval.

If a suspension of an approval is in place, subsection 94A(6) enables the Secretary to decide to further suspend the approval or to remove the suspension of an approval. If an approval is extended or removed under this provision, the pharmacist must receive written notice of the decision.

For example, the Secretary may decide to extend a suspension period if the suspension of the pharmacist's registration has been extended, or alternatively the Secretary may decide to remove a suspension if the suspension of the pharmacist's registration has been removed.

Subsection 94A(7) sets out that a reference to a pharmacist in this section includes a person to whom subsection 90(6) of the National Health Act applies. That is, a person who owns, or is about to own, a business for the supply of pharmaceutical benefits at particular premises.

This item also inserts a new section 94B to the National Health Act to enable an approved pharmacist to apply to the Secretary seeking a reconsideration of the decision. Such an application must be in writing.

Subsection 94B(2) provides that upon receiving an application, the Secretary must reconsider the decision and either affirm the suspension or remove the suspension.

Subsection 94B(3) requires the Secretary to provide written notice of the reconsidered decision to the pharmacist.

A note to this provision sets out that section 105AC of the National Health Act and section 266 of the Administrative Review Tribunal Act require that the person subject to a decision is to be notified of their review rights.

Subsection 94B(4) provides that the definition of decision in section 94B has the same meaning as in the Administrative Review Tribunal Act.

Item 29 inserts the text "—investigation by Committee of Inquiry" at the end of the heading of section 95, "Suspension or revocation of approval".

This addition is to distinguish provisions already contained in the National Health Act from those being added in section 94A.

Item 30 inserts a new paragraph at the end of subsection 98(2A). This change will enable the Secretary to refuse to cancel the approval of an approved pharmacist in circumstances where a matter has been referred to a Pharmaceutical Services Committee of Inquiry (Committee of Inquiry), under section 114 or 116, and the approved pharmacist requests cancellation of their approval (under subsection 98(1)) before the inquiry into the matter has been finalised.

A Committee of Inquiry investigates matters referred to it by the Minister or Secretary related to the conduct or services of approved pharmacists in connection with the supply of pharmaceutical benefits under the National Health Act. Its purpose is to ensure approved pharmacists are complying with their legislative obligations regarding the supply of pharmaceutical benefits at approved premises, and to maintain the integrity of the Pharmaceutical Benefits Scheme (PBS).

Currently, the Secretary must cancel an approval if an approved pharmacist requests cancellation (under subsection 98(1)) in relation to one or all the premises at which they are approved to supply pharmaceutical benefits.

If a pharmacist does request the Secretary to cancel their approval, the Secretary must do so, and this would render the Committee of Inquiry ineffective. This can result in a pharmacist avoiding the Committee of Inquiry process and any resulting sanctions in respect of their conduct or services that triggered the referral of the matter to the Committee of Inquiry.

These changes would provide the Secretary with discretion to refuse to cancel the approval of a pharmacist if the approved pharmacist is the subject of a matter that has been referred to a Committee of Inquiry.

In considering whether to exercise the discretion, the Secretary should have regard to the status of the inquiry, the approved pharmacist's knowledge of the inquiry, the seriousness of the conduct and the circumstances surrounding the cancellation request. The Secretary may also take into account any other matter they consider relevant to their decision.

This change will ensure the Committee of Inquiry process can continue regardless of whether the pharmacist requests their approval be cancelled. This will ensure a Committee of Inquiry can continue an investigation into suspected misconduct or non-compliance by an approved pharmacist in relation to the supply of pharmaceutical benefits. It is contrary to the intention of the National Health Act for an approved pharmacist to request the cancellation of their approval merely to avoid a Committee of Inquiry process.

This will improve the effectiveness of the Committee of Inquiry process to ensure approved pharmacists are complying with legislative obligations and assist to maintain the integrity of the PBS.

The changes will enable a pharmacist to apply to the Administrative Review Tribunal for a review of a decision made by the Secretary under paragraph 98(2A)(c).

In accordance with subsection 6(5) of the National Health Act, this power may be delegated. Certain powers of the Secretary relating to the pharmacy approvals process are already delegated to appropriate officers within the Department of Health.

Subsection 6(5) contains a broad scope for delegation as the National Health Act contains a broad range of Secretary powers, many of which are administrative in nature and would not be effective use of the time of the Secretary or members of the Senior Executive Service. Many of these powers can be, and are, appropriately delegated to junior officers with the requisite training and skills and where there are documented and established processes in place. Any powers of the Secretary are assessed carefully before they are delegated and are only delegated to officers at an appropriate level of seniority and responsibility.

The intention is to delegate the new powers in items 23 to 31 to the officer responsible for the day-to-day oversight and management of the approval of applications under section 90 and exercising of existing cancellation powers under section 98, who has relevant training and experience to exercise the powers. Officers exercising this delegation are cognisant of the broader impacts of exercising the powers and processes are in place to ensure that decisions are made in line with appropriate legislation.

Item 31 inserts 5 new paragraphs after paragraph 98(3)(b) of the National Health Act. The added paragraphs provide for additional situations where the Secretary has discretion to cancel the approval of a pharmacist.

There are limitations on the ability of the Secretary to cancel the approval of a pharmacist despite existing requirements that must be met for a pharmacist to initially obtain approval to supply pharmaceutical benefits.

Under the Health Practitioner Regulation National Law, pharmacists must hold a current registration with the Pharmacy Board of Australia to practise in Australia. Without a current registration, a person is not considered a pharmacist under the definition in the National Health Act and therefore cannot be approved to supply pharmaceutical benefits.

A pharmacist may have their registration cancelled or suspended by the relevant authority due to an actual or suspected risk to public safety, such as professional misconduct. Allowing a suspended or deregistered pharmacist to retain their approval to supply pharmaceutical benefits is contrary to the intention of the National Health Act and may put the public at risk.

Accordingly, these changes would allow the Secretary to cancel the approval of a pharmacist if their registration to practice as a pharmacist is cancelled or suspended.

Paragraph 98(3)(c) provides that the Secretary may cancel an approval in circumstances where an approved pharmacist's registration under a state or territory law has been suspended, regardless of how the suspension might be described.

This cancellation power may be used in situations including where the Secretary has previously suspended an approval under new section 94A.

For example, if a suspended approval is preventing the approval of another pharmacy in a particular area and the community is without access to pharmaceutical benefits, this power would enable the Secretary to cancel an approval in order to facilitate better community access to pharmaceutical benefits.

Paragraph 98(3)(d) provides that the Secretary may cancel an approval if an approved pharmacist has been deregistered as a pharmacist or pharmaceutical chemist under a law of a state or territory providing for the registration of pharmacists or pharmaceutical chemists, regardless of how that deregistration may be described.

This addition resolves an anomaly in the Act relating to the definition of pharmacist in the National Health Act. Subsection 90(1) provides that a pharmacist may apply for approval to supply pharmaceutical benefits at particular premises. Pharmacist is defined in subsection 4(1) of the National Health Act as "a person registered as a pharmacist or pharmaceutical chemist under a law of a state or territory providing for the registration of pharmacists or pharmaceutical chemists".

It is intended that an approved pharmacist who has been deregistered cannot carry on business as a pharmacist and therefore should no longer be approved to supply pharmaceutical benefits. This new paragraph provides the Secretary with a power to cancel the approval of a pharmacist who has been deregistered. This would ensure they cannot continue to supply pharmaceutical benefits.

The same principles regarding deregistration are intended to apply if the approved pharmacist is a body corporate.

Paragraph 98(3)(e) provides that the Secretary may cancel an approval in some circumstances if an approved pharmacist is a body corporate. These circumstances are if a person is a director of a body corporate, they have been suspended or deregistered as a pharmacist or pharmaceutical chemist under a law of a state or territory providing for the registration of pharmacists or pharmaceutical chemists and there is no other director of the body corporate who is registered as a pharmacist or pharmaceutical chemist under a law of a state or territory providing for the registration of pharmacists or pharmaceutical chemists.

This change would enable the Secretary to cancel an approval where a director of an approved pharmacist corporation has had their registration as a pharmacist suspended or deregistered.

Paragraph 98(3)(f) provides that the Secretary may cancel an approval if the approved pharmacist is not permitted, under the law of a state or territory, to carry on business at a particular premises in a state or territory in which the premises are situated.

This new paragraph resolves an anomaly in the National Health Act relating to premises at which a pharmacist is able to carry on business. Subsection 90(4) provides that the Secretary cannot grant a pharmacist approval to supply pharmaceutical benefits at premises at which the pharmacist is not permitted to carry on business under the law of the relevant state or territory. However, if an approved pharmacist has their registration or permission to carry on business at a premises cancelled or suspended, there is no express power for the Secretary to cancel their approval to supply pharmaceutical benefits at that premises.

A state or territory may cancel a pharmacist's permission to carry on business at particular premises based on state or territory requirements for the ownership and operation of pharmacies. These include licencing, registration, and other requirements for pharmacy premises. For example, a state permission might be cancelled because premises are no longer suitable for carrying on a pharmacy business.

A pharmacist who has had their permission to carry on business at particular premises revoked should no longer be approved to supply pharmaceutical benefits at those premises. The public could be at risk if a pharmacist is able to supply pharmaceutical benefits from premises that have been found unsuitable for a pharmacy business. This new paragraph provides the Secretary with a power to cancel the approval of a pharmacist if they are not permitted, under the law of a state or territory, to carry on business at a particular premises in a state or territory in which the premises are situated.

Paragraph 98(3)(g) provides the Secretary with a power to cancel the approval of an approved pharmacist if a pharmacist has breached one or more of the conditions to which the pharmacist's approval is subject.

An approved pharmacist is subject to conditions under section 92A of the National Health Act, including any conditions determined by the Minister by legislative instrument under subsection 92A(1A) of the National Health Act.

Whilst there is an option to refer such a matter to the Committee of Inquiry for a pharmacist's suspected breaches of the conditions of approval, this process can be timely and costly for both the pharmacist(s) involved and the Commonwealth. This may not be an efficient process where there is information suggesting that a pharmacist has breached the conditions of approval and a Committee of Inquiry process is not required.

For example, where there is evidence to suggest that an approved pharmacist is claiming for the purported supply of pharmaceutical benefits which were not supplied at the premises at which the pharmacist is approved.

This provision is not intended to prevent the referral by the Minister or Secretary to a Committee of Inquiry, under section 114 or 116 of the National Health Act, including in circumstances where further evidence is required to substantiate a suspected breach of relevant federal, state or territory legislation or the conditions of approval.

A pharmacist will continue to have an ability to apply to the Administrative Review Tribunal for review of relevant decisions made under subsection 98(3).

In accordance with subsection 6(5) of the National Health Act, the new powers under subsection 98(3) may be delegated. Certain powers of the Secretary relating to the pharmacy approvals process are already delegated to appropriate officers within the Department of Health. It is appropriate that this power be similarly delegated.

Relevant officers to whom the power is delegated have the appropriate experience relating to pharmacy approvals to effectively exercise the delegation.

Item 32 inserts a new subsection 105AB(7C) to provide that an application may be made to the Administrative Review Tribunal for review of a decision made under subsection 94B(2).

Item 33 inserts a reference to new paragraph 98(2A)(c) in subsection 105AB(8A) to enable an application to be made to the Administrative Review Tribunal for review of a decision made under paragraph 98(2A)(c) to refuse to cancel an approval. This item also inserts a reference to subsection 98(3), (3AB) and (3A) to enable an application to be made to the Administrative Review Tribunal for review of a decision made under subsection 98(3), (3AB) or (3A) to cancel an approval.

Division 2 – Application provisions

Item 34 sets out that a reference to Act in this Division means the National Health Act.

Item 35 provides that sections 94A and 94B and subsection 105AB(7C) of the National Health Act 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 occurring before, on or after the commencement of the Part. The item also provides that thee sections apply whether the pharmacist was approved before, on or after the commencement of this Part. Section 94A relates to the suspension of approval of pharmacists and section 94B and subsection 105AB(7C) are review provisions.

It is appropriate that the ability to suspend a pharmacist's approval to supply pharmaceutical benefits, if the pharmacist's state or territory registration has been suspended, can be applied in relation to existing state or territory suspensions. This is because relevant state or territory registration is a pre-existing condition in accepting applications for approval for a pharmacist to supply pharmaceutical benefits. Where state or territory registration is suspended for particular reasons, such as professional misconduct, permitting a suspended pharmacist to supply pharmaceutical benefits may lead to risk to patients or the public.

It is therefore appropriate that action can be taken in cases where it is necessary to suspend the approval, even if the state or territory registration suspension occurred prior to commencement or if the pharmacist was approved prior to commencement. Any suspension of a pharmacist's approval under section 94A based on suspension of their approval under state or territory law would only take effect prospectively, even where the state or territory suspension took effect before the commencement of Part 4. The prerequisites to obtaining an approval are not changing.

Item 36 sets out the application provisions in relation to the commencement of new paragraphs 98(2A)(c) to 98(3)(g) of the National Health Act.

Paragraph 98(2A)(c) of the National Health Act applies in relation to a matter referred to a Committee of Inquiry concerning the conduct of an approved pharmacist where the referral is made by the Minister or the Secretary, under section 114 or 116 of the National Health Act, on or after the commencement of the Part. This is the case whether the relevant conduct of the pharmacist occurred before, on or after the commencement of the Part. The item also provides that paragraph 98(2A)(c) applies whether the pharmacist was approved before, on or after the commencement of this Part.

It is appropriate that the provision apply to Committee of Inquiry matters regardless of when the conduct that is subject of the inquiry occurred, or when a pharmacist was approved, as a Committee of Inquiry is established to investigate conduct which has already occurred. The amendments in paragraph 98(2A)(c) do not affect the basis for a referral to a Committee of Inquiry.

Paragraph 98(3)(c) of the National Health Act 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 occurring before, on or after the commencement of this Part. Paragraph 98(3)(c) also applies whether the pharmacist was approved before, on or after the commencement of this Part.

Paragraph 98(3)(d) of the National Health Act applies in relation to the deregistration of an approved pharmacist as a pharmacist or pharmaceutical chemist under a law of a state or territory occurring before, on or after the commencement of this Part. Paragraph 98(3)(d) also applies whether the pharmacist was approved before, on or after the commencement of this Part.

These provisions enable the cancellation of a pharmacist's approval to supply pharmaceutical benefits from a particular location, if the pharmacist's state or territory registration has been suspended or the pharmacist has been deregistered, including in relation to an existing state or territory suspension or cancellation or deregistration.

Relevant state or territory registration is a pre-existing condition in accepting an application for approval for a pharmacist to supply pharmaceutical benefits. State and territory registration is suspended or cancelled for particular reasons, such as professional misconduct. Permitting a suspended pharmacist to supply pharmaceutical benefits may lead to risk to patients or the public generally. It is therefore appropriate that action can be taken in cases where it is necessary to cancel the approval, even if the action relating to state or territory registration occurred prior to commencement or the pharmacist was approved prior to commencement. The prerequisites to obtaining an approval are not changing.

Paragraph 98(3)(e) of the National Health Act applies in relation to the suspension or deregistration of a person who is a director of a body corporate whether the suspension or deregistration occurred before, on or after the commencement of this Part. Paragraph 98(3)(e) also applies whether the pharmacist was approved before, on or after the commencement of this Part.

This provision enables the cancellation of a pharmacist's approval to supply pharmaceutical benefits if the director of a body corporate approved pharmacist has been suspended or deregistered as a pharmacist or pharmaceutical chemist under state or territory law. State and territory registration is suspended or cancelled for particular reasons, such as professional misconduct. Permitting a suspended pharmacist to supply pharmaceutical benefits may lead to risk to patients or the public generally.

It is therefore appropriate that action can be taken in cases where it is necessary to cancel the approval, even if the action relating to state or territory registration occurred prior to commencement or the pharmacist was approved prior to commencement. The prerequisites to obtaining an approval are not changing.

Paragraph 98(3)(f) of the National Health Act, as inserted by the 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, whether they are not permitted before, on or after the commencement of this Part. Paragraph 98(3)(f) also applies whether the pharmacist was approved before, on or after the commencement of this Part.

This provision enables the cancellation of a pharmacist's approval to supply pharmaceutical benefits if the approved pharmacist is not permitted to carry on business at a specific premises under state or territory law. It is appropriate that this provision applies to existing situations where the pharmacist is not permitted to carry on business. This is because there would be a reason for this action to have been taken under state or territory law which may also make it inappropriate for the approved pharmacist, or director of an approved pharmacist body corporate, to continue to supply pharmaceutical benefits, or to operate a pharmacy at that location. The prerequisites to obtaining an approval are not changing.

Paragraph 98(3)(g) of the National Health Act, as inserted by the Part, applies in relation to a breach of conditions by an approved pharmacist occurring before, on or after the commencement of the Part. Paragraph 98(3)(f) also applies whether the pharmacist was approved before, on or after the commencement of this Part.

It is appropriate that this applies in relation to breaches of conditions occurring prior to commencement or if the pharmacist was approved prior to commencement. There is a public interest in ensuring that pharmacists breaching their conditions of approval do not retain that approval, regardless of when that breach occurred. The conditions of approval set out in the National Health Act are not changing and a pharmacist agrees to comply with these conditions when they first obtain their approval.

Even where the relevant conduct, breach or event leading to cancellation of the approval of a pharmacist in reliance on any of paragraphs 98(3)(c) to (g) occurred wholly or partly before the commencement of Part 4, the cancellation would take effect prospectively.

Part 5 – Authorising appropriate information sharing to improve the integrity of Medicare

Part 5 of Schedule 2 includes measures to improve the capacity of the Department of Health and relevant agencies to protect the integrity of Medicare and its programs.

Various pieces of legislation set out the framework that governs Commonwealth healthcare benefits schemes such as Medicare, and the compliance systems that safeguard them. The Health Insurance Act provides the legislative basis for the Medicare Benefits Scheme (MBS), including enabling payments for medical expenses. The National Health Act provides the basis for the PBS, and the Dental Benefits Act governs the Child Dental Benefits Scheme.

The Philip Review

The Independent Review of Medicare Integrity and Compliance undertaken by Dr Pradeep Philip (Philip Review) identified the amount lost to non-compliance as being between $1.5 and $3 billion annually. The Philip Review considered this was likely to increase without critical changes and made a range of recommendations about how compliance processes could be strengthened, some of which require legislative change.

The reforms in the Bill are intended to improve the Commonwealth's ability to protect the integrity of Australia's Medicare system and other associated healthcare benefits programs and improve public confidence in how these schemes are regulated.

The Philip Review considered that data and information sharing is currently inhibited by legislative and technological limitations (see recommendations 3.5 and 4.5 from the Philip Review). It emphasised the need to support a 'culture of information sharing' and suggested that doing so would, alongside other changes, require legislative amendments to ensure that the right information is available at the right time to effectively prevent, detect, and respond to the risk of fraud and non-compliance. The Philip Review referred to the need to support the accessibility, quality, and safety of health services and to enhance the ability to share information.

The report of the Philip Review made a range of recommendations about how the integrity of Medicare could be strengthened, and how regulatory processes could be streamlined and improved. Existing limitations are hindering regulatory processes and impacting the ability of the department to identify and appropriately respond to potential non-compliance and fraud.

These reforms will improve the regulatory capability of the department to safeguard Medicare through measures designed to protect the integrity of Medicare and associated health programs and improve public confidence in how these programs are regulated.

The changes will simplify operations and enable the department to more effectively perform its regulatory functions and activities and assist to ensure appropriate access to health care.

The Bill builds upon earlier measures enacted in the Health Legislation Amendment (Professional Services Review) Act 2023, the Health Legislation Amendment (Professional Services Review Scheme No.2) Act 2023 and the Health Legislation Amendment (Improved Medicare Integrity and Other Measures) Act 2025. These earlier reforms made urgent amendments in response to the Philip Review. Now those priority amendments are in effect, more substantial proposals in response to the Philip Review are being progressed.

Information Sharing

Proposed reforms will improve information handling to reduce non-compliance and fraud and better protect the integrity of Medicare and its programs.

Changes would establish a framework for information sharing across Medicare programs and agencies that administer those programs and have payment functions.

Information could be collected, used or disclosed if it is relevant to the integrity or sustainability of a Medicare program or to address a risk to patient safety.

Changes would positively authorise certain uses and disclosures of information, rather than relying on existing exceptions to secrecy provisions for officers to share appropriate information.

Changes would include an authorisation for MBS and PBS claims information to be used for Medicare integrity purposes and certain other health research and policy purposes.

Benefits of changes

The proposed changes will strengthen the regulatory capability of the department to effectively exercise its monitoring, and compliance functions in relation to Medicare.

This will enable the department to strengthen compliance activities to respond to potential non-compliance and fraud.

These measures will authorise the appropriate sharing of information to ensure that the right information is available at the right time to improve Medicare integrity and support the accessibility, quality and safety of health services.

The reforms will contribute to the reduction of inappropriate spending of Medicare funding and therefore improve health care access.

These reforms respond to the recommendations of the Philip Review by ensuring relevant regulators have the necessary information to better safeguard Medicare and its programs.

Use of MBS and PBS claims information and the Privacy Rules

Section 135AA (s 135AA) of the National Health Act currently places specific restrictions on the handling of MBS and PBS claims information and requires the Information Commissioner to issue rules relating to this data. These rules are currently contained in the National Health (Privacy) Rules (Privacy Rules).

The Privacy Rules, and s 135AA itself, impose limitations on the department and relevant agencies accessing and using the appropriate MBS and PBS data for health provider compliance, and other purposes related to the administration of the schemes.

Many aspects of s 135AA and the Privacy Rules are outdated, overly prescriptive, and no longer fit for purpose. The department's ability to address the issues with the Privacy Rules is limited because, under the National Health Act, it is the Information Commissioner that has the responsibility for creating the Rules. This also presents an issue, as an external agency has a significant level of control over the department's access to essential data.

This highlights the need for a new approach that can support health provider compliance functions (and other functions which rely on MBS and PBS information) regardless of which agency has responsibility for them.

These changes will remove the requirement for rules to be made by the Information Commissioner and provide an express authorisation for the collection, use, and disclosure of certain information for Medicare integrity and other purposes required by the department.

Dental Benefits Act 2008

Item 37 amends the definition of "disclose" in section 4 of the Dental Benefits Act to provide that in relation to information, disclose includes divulge or communicate. The definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 38 repeals the definition of "Human Services Department" in section 4 of the Dental Benefits Act. The only reference to "Human Services Department" in the Dental Benefits Act is in the definition of "entrusted public official" in subsection 34(2), which is removed as part of the amendments made by item 41.

Item 39 inserts a definition of "use" in section 4 of the Dental Benefits Act, to clarify that the ordinary meaning of use includes to make a record.

Item 40 adds a new dot point to the box in section 33, which sets out a simplified outline of Part 5 of the Dental Benefits Act. The addition provides that this Part authorises certain uses and disclosures of protected information. This ensures that the simplified outline reflects the amendments made to Part 5 of the Dental Benefits Act.

Item 41 repeals and replaces existing subsection 34(2) and inserts new subsection 34(2A).

The amendment to subsection 34(2) will substitute a new definition for the term "entrusted public official".

The concept of an entrusted public official is relevant to the new framework for information sharing because several of the authorisations to use or disclose information within Part 5 of the Dental Benefits Act will only be available to entrusted public officials. It is appropriate for officers and employees of Services Australia and departments who administer Health portfolio legislation, as well as certain persons engaged by these Commonwealth agencies, to have access to various authorisations to use or disclose information. These authorisations will enable officers, employees and those relevantly engaged to access the information required in respect of their roles under Medicare programs and in administering the provisions once enacted.

The addition of subsection 34(2A) will add a definition of "relevant Department". The authorisations to use and disclosure protected information will be applicable to persons who are employed or otherwise engaged by the Commonwealth departments included in the definition. These definitions are based on relevant legislation and should therefore be responsive should functions move between departments as a result of machinery of government changes.

Item 42 inserts additional wording in subsection 34(3) to confirm that the definition of information that is designated as protected information also includes information related to deceased persons.

Item 43 adds references to new subsections 41A and 41B within subsection 34(4). Section 34 is currently a prohibition on the disclosure of protected information and contains an offence provision in subsection 34(1) applying to the disclosure of protected information in certain circumstances, where the disclosure is not an authorised disclosure. Subsection 34(4) provides that authorised disclosures are listed in other provisions of the Dental Benefits Act. This item ensures that new sections 41A and 41B are relevantly listed as authorised disclosures of protected information for the purposes of subsection 34(1).

Item 44 amends the heading in section 35 to reflect the changes to the section to authorise the use and disclosure of information.

Item 45 amends section 35 so that authorisations under the section apply to the use and disclosure of protected information.

Item 46 amends the heading in section 36 to reflect the changes to the section to authorise the use and disclosure of information.

Item 47 amends subsection 36(1) so that authorisations under the section apply to the use and disclosure of protected information.

Item 48 amends subparagraph 36(1)(a) so that authorisations under the section apply to the use and disclosure of protected information.

Item 49 amends subparagraph 36(1)(b) so that authorisations under the section apply to the use and disclosure of protected information.

Item 50 amends section 37 to remove the reference to subsection 34(4) so that the provision will not be limited to that subsection.

Item 51 amends section 37 so that disclosure obligations to persons will also cover bodies.

Item 52 repeals and substitutes section 38 which provides that an entrusted public official may use or disclose protected information if they reasonably believe that using or disclosing the information is necessary for either the enforcement of the criminal law, a law imposing a pecuniary penalty, the protection of the public revenue, or an integrity purpose (within the meaning set out in section 3 of the Crimes Act 1914 (Crimes Act)).

Information sharing is a key issue in the appropriate enforcement of laws. This provision enables the use and disclosure of information by entrusted public officials internally within the Department of Health and to external agencies.

Integrity purpose is defined in the Crimes Act to mean the purpose of preventing, detecting, investigating or dealing with any of the following:

a.

misconduct (within the meaning of the Privacy Act) of a serious nature by any of the following:

i.

an official (as defined in section 13 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act)) of a Commonwealth entity;

ii.

a person employed by, or in the service of, a Privacy Act agency or a wholly owned Commonwealth company;

iii.

a person acting on behalf of, or for the purposes of activities of, a Privacy Act agency

iv.

an officer of a wholly owned Commonwealth company;

b.

conduct that may have the purpose or effect of inducing misconduct described in point (a);

c.

fraud that has or may have a substantial adverse effect on the Commonwealth or a target entity, or

d.

an offence against Chapter 7 of the Criminal Code Act 1995 (Criminal Code) (which is about the proper administration of Government).

The inclusion of integrity purpose is intended to facilitate an entrusted public official using or disclosing information to detect, investigate and refer potential misconduct, fraud, or relevant offences against Chapter 7 of the Criminal Code in line with fraud obligations under the Public Governance, Performance and Accountability Rule, even where the entrusted public official does not have responsibility for the relevant enforcement functions.

Item 53 amends the heading in section 39 to reflect the changes to the section to authorise the use and disclosure of information.

Item 54 amends section 39 to remove the reference to subsection 34(4) so that the provision will not be limited to that subsection.

Item 55 amends paragraphs 39(a) and (b) so that authorisations under the section apply to the use and disclosure of protected information.

Item 56 amends subsection 40(1) to remove the reference to subsection 34(4) so that the provision will not be limited to that subsection.

Item 57 amends subsection 41(1) to remove the reference to subsection 34(4) so that the provision will not be limited to that subsection.

Item 58 inserts sections 41A, 41B, 41C and 41D. Section 41A provides an authorisation for the use and disclosure of protected information, section 41B provides an authorisation for disclosure of protected information and section 41C provides an authorisation for the use of protected information if it is related to the subsequent disclosure. Section 41D provides that the authorisations and exemptions do not limit each other. Sections 41A and 41B allow for information to be shared with another person, including both Commonwealth and non-Commonwealth recipients for particular purposes.

Section 41A – Authorised use or disclosure—integrity of Medicare programs, patient safety etc.

New subsection 41A(1) provides that a person may disclose protected information to an entrusted public official, and an entrusted public official (defined in subsection 34(2)) 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 services under a Medicare program.

In respect of the meaning of integrity and sustainability for the purposes of this authorisation, the examples provided in relation to new sections 129B and 129C (below) are relevant here. However, there are likely to be slight differences in matters relevant to the integrity and sustainability of Medicare programs for the purposes of dental benefits. In addition, given the broad intention of the changes to enable information sharing and promote a "culture of information sharing", any examples provided are not intended to be an exhaustive list of circumstances.

Subsection 41A(2) provides that a person or body who receives protected information under subsection 41A(1) may use or disclose that protected information for the same purposes as the purposes for which the information was disclosed to the person or body under subsection 41A(1). Person is defined in section 2C of the Acts Interpretation Act. Body' will have its ordinary meaning and is intended to include entities that do not fall within this definition.

Subsection 41A(3) provides that the authorisation is subsection 41A(1) does not apply to disclosures by certain individuals in the context of the operation of the Professional Services Review (PSR). Disclosures of protected information by the persons specified in subsection 41A(3) are not authorised if the protected information was obtained as a result of the review or investigation under Part VAA of the Health Insurance Act. The specified persons are:

1.

a person appointed under Division 2 of Part VAA of the Health Insurance Act;

2.

a member of staff or consultant engaged to assist the Director under section 106ZM or 106ZP;

3.

a person whose services are made available to assist the Director under section 106ZN;

4.

a person providing services to a Committee or the Determining Authority under section 106ZPL; and

5.

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.

In addition, the subsection does not authorise disclosures of protected information by a person consulted under section 90 of the Health Insurance Act where the protected information was obtained in connection with that consultation.

Subsection 41A(4) provides that a reference to the purposes of integrity and 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 statutory or not) relating to the program are met. The subsection also sets out that a reference 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.

Section 41B – Authorised disclosure—other permitted disclosures

This item also inserts new section 41B which outlines circumstances in which the disclosure of protected information by an entrusted public official to another person or body is an authorised disclosure. Person is defined in section 2C of the Acts Interpretation Act. Body will have its ordinary meaning and is intended to include entities not captured by this definition. This includes if the information to be disclosed:

a.

is lawfully in the public domain;

b.

has previously been lawfully disclosed to the relevant person or body;

c.

relates to the relevant person or body; or

d.

is for the purpose of obtaining or providing legal advice.

Section 41C – Authorised use – for authorised disclosure

New section 41C provides that a person may use protected information for the purpose of making an authorised disclosure.

Section 41D – Authorisations and exemptions do not limit each other

New section 41D provides that an authorisation or exemption (however described) under Division 2 of Part 5 of the Dental Benefits Act does not limit, and is not limited by, any other authorisation or exemption under any other provision of the Dental Benefits Act.

Health Insurance Act 1973

Item 59 inserts new definitions of "disclose" and "entrusted public official" into existing subsection 3(1) of the Health Insurance Act.

In relation to information, the definition of "disclose" will include to divulge or communicate that information. The definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

The item also inserts a new definition of "entrusted public official" into subsection 3(1).

The information sharing powers will be applicable to persons within the definition of an entrusted public official. This includes the people and positions in a "relevant Department", as per the new definition added by item 61, with roles and responsibilities in administering Medicare programs. This includes officers in the department and Services Australia as well as relevant Secretaries and the Chief Executive Medicare.

The concept of an entrusted public official is relevant to the new framework for information sharing because several of the authorisations to use or disclose information within the Health Insurance Act will only be available to entrusted public officials. It is appropriate for officers and employees of departments who administer Health portfolio legislation, as well as certain persons engaged by these Commonwealth agencies, to have access to various authorisations to use or disclose information. These authorisations will enable officers, employees and those relevantly engaged to access the information required in respect of their roles in their agency.

Item 60 repeals the definition of Human Services Department in subsection 3(1) as it is no longer required.

Item 61 inserts, in subsection 3(1), a definition of "relevant Department" and clarifies the ordinary meaning of the term "use". The authorisations to use and disclosure protected information will be applicable to persons who are employed or otherwise engaged by the Commonwealth departments included in the definition. The definition of "relevant Department" is based on relevant legislation and should therefore be responsive should functions move between departments as a result of machinery of government changes.

The clarification in relation to the meaning of "use" specifies that, in relation to information, use includes to make a record of.

Item 62 amends subsection 89A(1) to enable the Director to refer information to the Chief Executive Medicare if the Director thinks that the material before them indicates that a person may have committed a relevant offence or a relevant civil contravention within the meaning of section 124B, or a relevant dental benefits offence. Currently, section 89A only enables the Director to send material in relation to a relevant offence, relevant civil contravention or relevant dental benefits offence which may have been committed by the person under review. This change will enable the Director to refer material suggesting offences or civil contraventions may have taken place if they become aware of such information relating to a person who is not under review.

Item 63 will amend subsection 89A(2) to clarify that if the Director sends material relating to a person under review and services provided by that person during the review period to the Chief Executive Medicare under this provision, the Director may continue with the review or suspend the review for such period as they consider appropriate.

Item 64 amends subsection 106N(1) to enable a Committee to refer information to the Chief Executive Medicare if the Committee thinks that the material before the Committee indicates that a person may have committed a relevant offence or a relevant civil contravention within the meaning of section 124B, or a relevant dental benefits offence. Currently, section 106N only enables a Committee to send material in relation to a relevant offence, relevant civil contravention or relevant dental benefits offence which may have been committed by the person under review. This change will enable a Committee to refer material suggesting offences or civil contraventions may have taken place if the Committee becomes aware of such information relating to a person who is not under review.

Item 65 adds new subsection (1A). This provision will apply if a Committee has referred material to the Chief Executive Medicare under this provision. If such material has been referred, the change will also enable a Committee to notify the Director that the person may have committed the relevant offence, the relevant civil contravention or the relevant dental benefits offence. The Committee will also be able to give the Director any additional information in relation to the possible offence or contravention. This will include information about the person.

A note to the provision clarifies that if the Committee gives the Director additional information that has not been given to the Chief Executive Medicare (under the provision), the Director may disclose that information to the Chief Executive Medicare under subsection 89A(1) or new subsection 129E(4), whichever is applicable.

Item 66 amends 106N(2) to clarify that if a Committee sends material to the Chief Executive Medicare relating to the referred services in relation to any Committee investigation under subsection 106N(1), the Committee may continue with its consideration of the referral or suspend its consideration of the referral for such period as it consider appropriate.

Item 67 inserts new section 106XC. This provision supports the disclosure of information under subsection 129E(2) (below).

Subsection 106XC(1) sets out that the provision applies if a written statement is given to the Director of the PSR under subsections 106XA(1) or 106XB(1). Statements of concern are sent to the Director when a PSR Committee or Determining Authority forms the opinion that conduct by a practitioner involves a significant threat to the life or health or any other person, or if a practitioner has failed to comply with professional standards.

Subsection 106XC(2) provides that the Committee or Determining Authority may give the Director additional information in relation to the review or investigation, or any matter covered by the review, investigation or statement or the services or benefits provided, or purportedly provided by the practitioners under a Medicare program.

Item 68 amends paragraph 106ZPQ(3)(b) to add a reference to new subsections 106XC(2), 129E(2) and 129E(3). This ensures that if the Director discloses information to a person or body in accordance with subsections 106XC(2), 129E(2) or 129E(3), this information can be used in proceedings for the purposes of the Australian Health Practitioner National Law (National Law). The National Law is the relevant legislation that regulates health practitioners.

The Director must refer a practitioner to an appropriate person or body, for example, Ahpra, if they form the opinion that there is a significant threat to life or health (section 106XA) or non-compliance with professional standards (section 106XB). Subsection 106ZPQ(3) allows information, a document or a thing that has been referred to an appropriate person or body under subsection 106XA(2) or (3) or subsection 106XB(2) to be admitted in evidence in proceedings for the purposes of the National Law

It is appropriate to extend the limited exceptions to the broad restriction on use of information acquired as subsections 106XC and 129E are intended to support disclosure of further information relating to those subsections.

Item 69 repeals the definition of "disclose" in subsection 124W(1) as it is no longer required.

Item 70 inserts new sections 129B, 129C, 129D, 129E and 129F after section 129A of the Health Insurance Act. Sections 129B, 129C and 129D allow for information to be shared with another person, including both Commonwealth and non-Commonwealth recipients for particular purposes.

Section 129B – Authorisations—dealings with certain information relating to Medicare benefits for program integrity etc.

New section 129B introduces an express authorisation for the collection, use and disclosure of certain information relating to Medicare benefits for identified purposes. The intention is to allow appropriate uses and disclosures of information to protect the integrity of health benefits schemes and to ensure the quality and safety of health services.

Subsection 129B(1) identifies the information to which the section applies. Namely, this is information relating to a person, which is held by an agency and is obtained by the agency or another agency in connection with a claim for a Medicare benefit or relating to a person's eligibility to be paid a Medicare benefit, or relates to a person who rendered or purportedly rendered a service in respect of which a Medicare benefit is payable. The information captured by this authorisation is not limited to information that may have been obtained or generated by an officer in the course of performing duties or functions or exercising powers under the Health Insurance Act.

Subsection 129B(2) authorises the collection, use and disclosure of this information for the purposes of one or more of the matters specified in subsection 129B(3). Paragraph 129B(2)(a) provides that a person who is an officer may disclose to an entrusted public official information to which this section applies. Paragraph 129B(2)(b) provides that an entrusted public official may collect, use or disclose information to which this section applies.

Paragraph 129B(2)(c) provides that a person who received information under paragraph 129B(2)(b) may disclose that information to an entrusted public official or use that information for the same purpose as the purpose for which the information was disclosed to the person under paragraph 129B(2)(b) or disclose that information to any other person for the purpose for which it was previously disclosed.

In these provisions, "officer" is within the meaning of section 130, and "entrusted public official" is defined in subsection 3(1) (see item 59).

A note to this provision sets out that certain disclosures by specified persons undertaking work related to the Professional Services Review (under Part VAA of the Health Insurance Act) are not authorised by this section. The authorisation for the Director of PSR to disclose information is included in new section 129E.

Another note sets out that a collection, use or disclosure authorised by this subsection is not prohibited by subsection 130(1). Another note states that this subsection constitutes an authorisation for the purposes of other laws, such as the Privacy Act.

Subsection 129B(3) provides the specified matters for which subsection 129B(2) may authorise collection, use and disclosure of this information. These are:

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.

disclosure of information that is required or authorised under an Australian law.

In respect of the meaning of integrity and sustainability for the purposes of this authorisation, the following are examples of circumstances in which this authorisation is intended to be relied on to enable the collection, use and disclosure of information:

a.

health provider compliance functions undertaken by a department who administers Health portfolio legislation including statutory functions, and powers under the legislation;

b.

the administration of a payment or a benefit (including claims) under a Medicare program, including those involving hospitals and States and Territories;

c.

determining whether a payment of (or claim for) an amount or benefit in respect of a Medicare program was made in accordance with all relevant legislative and any other relevant requirements or parameters;

d.

identifying and managing risks and issues relevant to preserving the financial sustainability of Medicare programs;

e.

the collection, use, and disclosure of information about the operation of Medicare programs;

f.

activities and investigations undertaken by private health insurers in respect of Medicare programs, and associated or related payments of Medicare benefit;

g.

debts recoverable by the Commonwealth under Commonwealth legislation relating to Medicare programs;

h.

a suspected offence or contravention of a Commonwealth offence relating to a payment or a benefit (including a claim) under a Medicare program;

i.

informing a private health insurer (or their agent) that a benefit provided, or a payment made in respect of a Medicare program has been recovered (or is recoverable) as a debt due to the Commonwealth because it was not payable under Commonwealth legislation;

j.

a standard of professional conduct relating to a person who renders or provides or purports to render or provide benefits or services under a Medicare program.

Given the broad intention of the changes to enable information sharing and promote a "culture of information sharing", this is not intended to be an exhaustive list of circumstances.

The department uses the information described within subsection 129B(1) for determining eligibility for payment of benefits, practitioners rendering Medicare services, and other health provider compliance activities. Other areas of the department use claims information and other MBS and PBS data – typically at unit record level or summary level – to support policy development, program delivery and for research, particularly in relation to the MBS.

The intention of this provision is to provide authorisation for the appropriate handling of this information. The objective of this authorisation is to ensure that the collection, use and disclosure of the specified information, for one of the specified purposes, is enabled to preserve the integrity of Medicare programs and ensure the Commonwealth resources allocated to these programs are deployed to maximum advantage. This amendment would also facilitate use, including linkage and analysis and disclosure of MBS data, to gain insight into patient pathways through the health system, and implications for patient health outcomes.

The changes will clarify that departmental officers and entrusted public officials can use and disclose information that they have obtained undertaking their role, to other departmental officers, entrusted public officials and other recipients within the Commonwealth and outside of the Commonwealth. This is intended to include circumstances where information raises a concern about a risk arising from, or in connection with, the provision of a benefit or service under a Medicare program. In administering Medicare programs, it may be necessary for departmental officers in one area to share information with other areas within a department. For example, to share information with a MBS policy area to identify a conflict of interest, suggest policy changes to address a compliance concern or to understand the servicing and billing patterns of particular MBS items. This type of information exchange can be necessary across relevant functions and areas and is largely dependent on the substance of the matter or concern. Currently, there is a degree of uncertainty about whether officers can use and disclose information in respect of different Medicare programs and in matters where the powers, duties and functions for each program may not align.

Example – disclosure for purpose of integrity or sustainability of a Medicare program

An employee at Services Australia is responsible for processing claims for Medicare benefit. They receive and process several claims for Medicare benefit from a health practitioner. The Medicare benefit relating to the claims has been paid directly into one of the health practitioner's bank accounts. An officer at the Department of Health has received information that the health practitioner may be submitting fraudulent claims for Medicare services. The information suggests that the practitioner may not be providing the services referred to in the claims for payment.

The officer at the Department requests more information from Services Australia about the claims and associated payments so they can consider whether a breach of Medicare Benefit requirements may have taken place.

This new provision will provide an authorisation for an officer at the Department of Health (an entrusted public official) to disclose the information to an employee at Services Australia (an entrusted public official) because the information relates to the integrity and sustainability of Medicare program. These changes, including new provision 130AAB set out that a reference to the integrity and sustainability of a Medicare program include a reference to the disclosure being for the purpose of ensuring that the delivery of the program is not compromised by fraud and non-compliance. Medicare program is defined to include services, benefits, programs or facilities that are provided for under the Health Insurance Act (see definition in section 3 which refers to section 41G of the Human Services (Medicare) Act). As a result, these changes will strengthen regulatory processes and improve the Commonwealth's ability to identify and appropriately respond to potential non-compliance and fraud.

Example – protection of person from a risk from provision of a service under a Medicare program

A departmental officer at the Department of Health and receives an anonymous "tip-off" involving allegations about an aged care facility. The information raises concerns about potential non-compliance with a Medicare program (in this case aged care services subsidised under the Aged Care Act) as well as concerns relating to the safety of residents receiving Medicare funded services at the facility. Medicare program is defined to include services, benefits, programs or facilities that are provided for under the Aged Care Act (see definition in section 3 which refers to section 41G of the Human Services (Medicare) Act). The officer considers it is necessary to disclose this information to colleagues who work in the aged care area of the department, as this information is directly relevant to their functions.

This new provision will provide a clear authorisation for a Departmental officer to disclose the information to colleagues in the aged care area because the information relates to 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. As a result, these changes will improve appropriate disclosures of relevant information and in this example, enable any risk to the residents at the facility to be appropriately responded to and addressed.

Example – information that is lawfully in the public domain

A health practitioner who operates a medical centre has information suggesting a practice manager at the practice may be making claims for payment for bulk-billed health services that have not been provided to patients and then redirecting payments from a practice bank account into their personal account. After the practice manager's employment ended, they continued to make these claims for payment by accessing the medical practice after hours. The health practitioner notified police who subsequently arrested the practice manager and published a media release about the arrest.

An officer at the Department of Health commenced an investigation using the investigations powers in Part IID of the Human Services (Medicare) Act. The police detective who arrested the practice manager sought further information about the conduct of the practice manager.

This new provision will provide an authorisation for a departmental official (an entrusted public official) to use and disclose information that is publicly available (in this case a press release) as well as disclose the information to State and Territory police. This is because the information relates to the integrity and sustainability of Medicare.

Example - investigations related to proceeds of crime legislation

An officer at the Department of Health (with responsibilities involving the investigations powers in Part IID of the Human Services Medicare Act) is investigating a health practitioner. There is information to suggest the practitioner claimed payment (approximately $500,000) of Medicare benefits for health services that were not provided to patients. During the investigation, a separate investigation is commenced by the Australian Federal Police (AFP) under proceeds of crime legislation and relevant assets are restrained by the AFP. The health practitioner is subsequently convicted under the Proceeds of Crime Act. The AFP contacts the officer at the department and requests a copy of the brief of evidence relating to the investigation being undertaken by the department.

This new provision will provide an authorisation for a departmental official (an entrusted public official) to disclose the information to the AFP because the information relates to the integrity and sustainability of Medicare.

These changes, including new provision 130AAB set out that a reference to the integrity and sustainability of a Medicare program includes a reference to the disclosure being for the purpose of ensuring that the delivery of the program is not compromised by fraud and non-compliance. As a result, these changes will strengthen regulatory processes and improve abilities to identify and appropriately respond to potential non-compliance and fraud.

In supporting use of information for research, policy, and program activities that assist the department in understanding how patients interact with the health system, the proposed amendments will assist the department in developing evidence-based policy, delivering well-targeted programs, and conducting best practice regulation and evaluation.

The Department of Health uses and discloses Medicare data to inform key policies and programs that deliver health benefits to Australians. These uses and disclosures include (but are not limited to) improving access to cost effective and affordable medicines, supporting access to medical, dental and hearing services, and providing improved choice in health care services. The data is also used to support a range of other policy and program purposes including (but not limited to) preventative health and chronic disease support, First Nations health, improving quality, distribution and planning of the health workforce, strengthening primary health care quality and coordination, and providing incentives to general practice to deliver quality health care.

The department also uses and discloses protected information to support health, disability and ageing research. For example, protected information may be disclosed to the Australian Institute of Health and Welfare to support its functions.

This authorisation is one element of the broader information sharing framework that responds directly to the recommendations made in the Philip Review.

A note to this provision states that section 130AAB extends the meaning of the integrity and sustainability of a Medicare program for the purposes of paragraph (a).

Another note states that for disclosures in 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.

Subsection 129B(4) includes some restrictions for disclosures relating to research or statistics. A disclosure for the purposes of medical research where a person is reasonably identifiable from the information to be disclosed, would not be authorised unless informed consent is obtained from the identified persons or 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.

Subsection 129B(5) includes specific considerations relating to disclosures of information under this section for the purposes of statistical analysis, medical research or research development in relation to health, disability or aged care. The person disclosing the information is required to consider the extent to which the disclosure complies with the data minimisation principle.

Subsection 129B(6) provides that the authorisation does not apply to disclosures by certain individuals in the context of the operation of the PSR. Disclosures of protected information by the persons specified in subsection 129B(6) are not authorised if the protected information was obtained as a result of the review or investigation under Part VAA of the Health Insurance Act. The specified persons are:

a.

a person appointed under Division 2 of Part VAA of the Health Insurance Act;

b.

a member of staff or consultant engaged to assist the Director under section 106ZM or 106ZP;

c.

a person whose services are made available to assist the Director under section 106ZN;

d.

a person providing services to a Committee or the Determining Authority under section 106ZPL; and

e.

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.

In addition, the subsection does not authorise disclosures of protected information by a person consulted under section 90 of the Health Insurance Act where the protected information was obtained in connection with that consultation.

An authorisation for the Director of PSR to disclose information is included in new section 129E.

Subsection 129B(7) provides that nothing in section 129B interferes with information handling for the purposes of My Health Record or the data matching provisions in the National Health Act.

Subsection 129B(8) adds 4 new definitions: "agency", "data minimisation principle", "My Health Record" and "My Health Record System Operator".

Section 129B operates as an authorisation for the purposes of section 130 of the Health Insurance Act as well as for other laws, such as the Privacy Act. This is clarified in notes in the provision. The first note states that any collection, use or disclosure of information under this subsection is not prohibited by section 130. The second note states that the subsection also constitutes an authorisation for the purposes of other laws including the Privacy Act.

Section 129C – Authorisations—dealings with officer obtained or generated information for program integrity etc.

New section 129C of the Health Insurance Act expressly authorises information to be shared within and between certain Commonwealth departments and agencies that administer Medicare programs and those with payment functions. The new provision will also authorise the sharing of information outside of the Commonwealth, where this is required for the particular purpose. This will positively authorise certain uses and disclosures of information, rather than rely on existing provisions to allow officers to share necessary information which may not be as clear.

There is currently no consistent or overarching provision relating to information sharing in the legislation that underpins Medicare programs. The existing provisions enabling information sharing focus on powers, functions and duties under specific legislation, rather than a holistic focus on safeguarding the integrity of health benefits schemes and protecting the safety of those accessing services and benefits under Medicare programs.

For example, section 130 of the Health Insurance Act is structured to prohibit the disclosure of information unless certain exceptions apply. This can result in uncertainty about how information sharing provisions may be used and considerable administrative burden and challenges to the effective operation of health compliance activities.

New section 129C will authorise the sharing of information for the purpose of maintaining the integrity or sustainability of a Medicare program. It will also authorise the sharing of information for purposes that may not necessarily be directly linked to payments under health benefits schemes but are considered necessary to protect a person from a risk arising from, or in connection with, the provision of a benefit or service under a Medicare program. Subsection 129C(1) sets out the information that the authorisation under section 129C applies to. Namely, it applies to information relating to the affairs of a person which 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 the Health Insurance Act.

Subsection 129C(2) provides the authorisation for the collection, use and disclosure of information for the purposes of one or more of the matters specified in subsection 129C(3). Paragraph 129C(2)(a) provides that a person who is or has been an officer may disclose to an entrusted public official information as described in subsection 129C(1). Paragraph 129C(2)(b) provides that an entrusted public official may collect, use or disclose information to which this section applies.

Paragraph 129C(2)(c) provides that a person who received information under paragraph 129C(2)(b) may disclose that information to an entrusted public official or use that information for the same purpose as the purpose for which the information was disclosed to the person under paragraph 129C(2)(b) or disclose that information to any other person for the purpose for which it was previously disclosed. This will limit disclosures of information to or from persons who are not entrusted public officials, but allow disclosure in certain contexts (for example, where a person has been given information by an entrusted public official and needs to be able to return it to that entrusted public official).

The references to "officer" are to officers within the meaning of section 130, and "entrusted public official" is defined in subsection 3(1) of the Health Insurance Act.

Subsection 129C(3) provides the specified matters for which subsection 129C(2) may authorise collection, use and disclosure of information. These are as follows:

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 services under a Medicare program;

c.

the administration of a centrelink program (within the meaning of the Centrelink Act),

d.

the administration of the following Acts:

i.

the Child Support (Assessment) Act

ii.

the Child Support (RC) Act.

The terms "integrity" and "sustainability" of Medicare programs are not defined for the purposes of the provision. However, the following are examples of circumstances in which this authorisation is intended to be relied on to enable the collection, use and disclosure of information:

a.

health provider compliance functions undertaken by a department who administers Health portfolio legislation including statutory functions, and powers under the legislation;

b.

the administration of a payment or a benefit (including claims) under a Medicare program, including those involving hospitals and States and Territories;

c.

determining whether a payment of (or claim for) an amount or benefit in respect of a Medicare program was in made accordance with all relevant legislative and any other relevant requirements;

d.

identifying and managing risks and issues relevant to preserving the financial sustainability of Medicare programs;

e.

the collection, use, and disclosure of information about the operation of Medicare programs;

f.

activities and investigations undertaken by private health insurers in respect of Medicare programs, associated or related payments of Medicare benefit;

g.

recovery of debts by the Commonwealth under Commonwealth legislation relating to Medicare programs;

h.

a suspected offence or contravention of a Commonwealth offence relating to a payment or a benefit (including a claim) under a Medicare program;

i.

informing a private health insurer (or their agent) that a benefit provided, or a payment made in respect of a Medicare program has been recovered (or is recoverable) as a debt due to the Commonwealth because it was not payable under Commonwealth legislation;

j.

a standard of professional conduct relating to a person who renders or provides or purports to render or provide benefits or services under a Medicare program.

Given the broad intention of the changes to enable information sharing and promote a "culture of information sharing", any examples provided are not intended to be an exhaustive list of circumstances.

The changes would authorise people with roles and responsibilities in administering Medicare programs to use and disclose information for the purposes of the integrity or sustainability of a Medicare program, or to protect a person from a risk arising from, or in connection with, the provision of a benefit or service under a Medicare program.

This may include for example, the use and disclosure of information about payments or claims for payments under a Medicare program, whether relevant legislative or regulatory requirements or parameters have been met, and the protection of people from risks related to the provision of benefits and services. safety of a patient or person or the integrity or financial sustainability of Medicare programs.

Noting that officers and entrusted public officials work together, collections, uses and disclosures may include where the information was obtained or generated by another person (including under subsection 129B(2), subsection 129C(2) and section 129D) at some stage prior to being obtained or generated by the person exercising the authorisation. This authorisation will authorise a person to collect, use or disclose information obtained or generated by any officer.

Prior to these amendments, subsections 130(7)(a) and (e) of the Health Insurance Act enabled information sharing in some circumstances. However, there were limitations in the application of these provisions which impacted the ability for relevant staff to appropriately handle information. New paragraphs 129C(3)(c) and (d) enable the collection, use or disclosure for purposes including the administration of a centrelink program or the Child Support (Assessment) Act and Child Support (R&C) Act. These changes will enable the appropriate handling of information within the centrelink programs, medicare programs and child support programs. These changes are being made to improve the ability of Services Australia and its workforce to deliver services in respect of these programs. These amendments allow for the handling and sharing of appropriate information to ensure connected service delivery in respect of programs including centrelink programs, medicare programs and child support programs. These amendments align with similar changes being made to subsections 135A(7)(a) and (e) of the National Health Act.

A note to this provision states that section 130AAB extends the meaning of the integrity and sustainability of a medicare program for the purposes of paragraph (a).

Subsection 129C(4) provides that the authorisation in subsection 129C(2) does not apply to disclosures by certain individuals in the context of the operation of the PSR. Disclosures of protected information by the persons specified in subsection 129C(4) are not authorised if the protected information was obtained as a result of the review or investigation under Part VAA of the Health Insurance Act. The specified persons are:

a.

a person appointed under Division 2 of Part VAA of the Health Insurance Act;

b.

a member of staff or consultant engaged to assist the Director under section 106ZM or 106ZP;

c.

a person whose services are made available to assist the Director under section 106ZN;

d.

a person providing services to a Committee or the Determining Authority under section 106ZPL; and

e.

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.

In addition, the subsection does not authorise disclosures of protected information by a person consulted under section 90 of the Health Insurance Act where the protected information was obtained in connection with that consultation.

An authorisation for the Director of PSR to disclose information is included in new section 129E.

Section 129D – Authorisations—dealings with information for enforcement, public revenue or integrity purposes

This item adds new section 129D of the Health Insurance Act which provides for relevant information to be used or disclosed if an entrusted public official reasonably believes that using or disclosing the information is necessary for either the enforcement of the criminal law, a law imposing a pecuniary penalty, the protection of the public revenue, or an integrity purpose (within the meaning set out in section 3 of the Crimes Act).

Information sharing is a key issue in the appropriate enforcement of laws. This provision enables the use and disclosure of information by entrusted public officials internally within the Department of Health and to external agencies and other recipients.

Integrity purpose is defined in the Crimes Act to mean the purpose of preventing, detecting, investigating or dealing with any of the following:

a.

misconduct (within the meaning of the Privacy Act) of a serious nature by any of the following:

b.

an official (as defined in section 13 of the PGPA Act) of a Commonwealth entity;

c.

a person employed by, or in the service of, a Privacy Act agency or a wholly owned Commonwealth company;

d.

a person acting on behalf of, or for the purposes of activities of, a Privacy Act agency;

e.

an officer of a wholly owned Commonwealth company;

f.

conduct that may have the purpose or effect of inducing misconduct described in paragraph (a)

g.

fraud that has or may have a substantial adverse effect on the Commonwealth or a target entity;

h.

an offence against Chapter 7 of the Criminal Code (which is about the proper administration of Government).

The inclusion of integrity purpose is intended to facilitate an entrusted public official using or disclosing information to detect, investigate and refer potential misconduct, fraud, or relevant offences against Chapter 7 of the Criminal Code in line with fraud obligations under the Public Governance, Performance and Accountability Rule, even where the entrusted public official does not have responsibility for the relevant enforcement functions.

Section 129E – Authorisation—disclosure of information by Director of Professional Services Review

This item introduces new section 129E of the Health Insurance Act which authorises the disclosure of information by the Director of the PSR.

Subsection 129E(1) sets out the information to which the authorisation under section 129E applies to. Namely, it applies to information relating to the affairs of a person which is obtained or generated by an officer (within the meaning of section 130) in the performance of their duties or functions or in the exercise of powers under the Health Insurance Act.

Subsection 129E(2) enables the Director of the PSR to disclose information to certain persons or bodies. Person' is defined in section 2C of the Acts Interpretation Act. Body will have its ordinary meaning and is intended to include entities that do not fall within this definition. This authorisation is applicable if the person or body has received a statement of concerns (under subsection 106XA(2), 106XA(3) or 106XB(2)) from the Director and the information relates to the review or investigation, or any matter covered by the review, investigation or statement or the services or benefits provided, or purportedly provided by the practitioners under a Medicare program.

The provision requires that the Director be satisfied that the disclosure is necessary for the purposes of the National Law and also in the public interest.

Statements of concern are sent when the Director (or a PSR Committee or Determining Authority) forms the opinion that conduct by a practitioner involves a significant threat to the life or health or any other person, or if a practitioner has failed to comply with professional standards.

The professional bodies to which the Director may disclose information are the appropriate person or bodies within the meaning of subsections 106XA(3) and 106XB(4).

Sections 106XA and 106XB already require referral of certain information to the appropriate person or bodies. Subsection 129E(2) will allow for improved information sharing in appropriate cases to ensure patient safety and quality of care.

Subsection 129E(3) authorises the Director to disclose information to which this section applies if the disclosure is for specified matters and also in the public interest. The specified matters are:

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.

proceedings to recover an amount recoverable as a debt to the Commonwealth, or required to be repaid, under the Health Insurance Act or National Health Act;

d.

any other proceedings relating to compliance with the Health Insurance Act.

In respect of the meaning of integrity and sustainability for the purposes of this authorisation, the examples provided in relation to new subsections 129B and 129C are relevant here. However, there are likely to be slight differences in matters relevant to the integrity and sustainability of Medicare programs for the purposes of the PSR, due to the different types of information PSR holds and its specific role in the Medicare compliance framework.

A note to this provision states that section 130AAB extends the meaning of the integrity and sustainability of a Medicare program for the purposes of paragraph (a)(i).

Subsection 129E(4) enables the Director of the PSR to disclose information to facilitate the performance of duties or functions, or the exercise of powers by the Director or any other person under the Health Insurance Act or any other Act. This may include PSR disclosing information to the Chief Executive Medicare, including to support the Chief Executive Medicare's debt recovery functions for certain debts.

A note states that subsections (2), (3) and (4) permits and authorises the disclosure of information where it would otherwise be prohibited due to section 106ZR and section 130 of the Act, as well as for the purposes of other laws including the Privacy Act.

Subsection 129E(5) enables the Director of the PSR, when disclosing information under new subsections 129E(2), (3) and (4), to specify terms and conditions applying to the recipient of the information. The terms and conditions would be in an instrument in writing and set out specifications in relation to the use and disclosure of the information by the recipient.

A decision by the Director of the PSR to specify terms and conditions attaching to the disclosure of information under this provision is unsuitable for merits review. In accordance with the principles outlined in the Administrative Review Council's guide^[2] this is on the basis that allowing merits review may unnecessarily frustrate or delay the operation of the regulatory scheme as a disclosure will often be a preliminary step leading to the making of a final decision. In respect of such decisions, any beneficial impact of merits review would be limited by the fact that the decisions do not generally have significant consequences. Any potential benefits would be outweighed by the cost of frustrating the enabling terms and conditions in respect of the disclosure.

Related subsection 129E(6) provides that the written instrument specifying terms and conditions may also require the recipient to give an undertaking with respect to the use and disclosure of the information. These terms and conditions provide an important method to limit the use and disclosure of the information, and the requirement for this to be in writing ensures that the purpose for the disclosure will be clear to any recipient. The option of requiring the recipient to provide a written undertaking will provide additional certainty that the recipient is aware of and accepts the limitations regarding the disclosure.

Subsection 129E(7) provides that any written instrument under subsection 129E(5) is not a legislative instrument. In addition, such instruments would not be of legislative character and effect because they would not determine the law or alter the content of the law, nor would they have the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right or varying or removing an object or right. They relate to specific recipients to whom information is disclosed under section 129E.

This authorisation has several important limitations, including:

a.

it cannot be delegated and will only be exercisable by the Director of the PSR personally;

b.

the Director of the PSR is a medical practitioner (see section 83) which means they are best placed to determine whether disclosure of the information is in the public interest;

c.

the Director of the PSR may specify written terms and conditions relating to the use and disclosure of the information by the recipient, including the option to require the recipient to give a written undertaking.

Section 129F – Authorisation—for authorised disclosure

This item introduces section 129F. Subsection 129F(1) sets out that the section applies to information relating to the affairs of a person, that is obtained or generated by an officer (as defined in section 130) in the performance of the officer's duties or functions, or in the exercise of the officer's powers under the Health Insurance Act.

Subsection 129F(2) provides that a person may use the information referred to in subsection 129F(1) for the purposes of disclosing the information under section 129B, 129C, 129D, 129E or 130.

Item 71 repeals and replaces subsections 130(1) to (4). It also adds new subsections 130(1A), (3A), (3B), (3C), (3D), (3E), (3F) and (3G). Subsection 130(1) is a secrecy offence which is being repealed and replaced as it has been re-written in accordance with modern drafting practice. The addition of subsections and paragraphs will make this subsection easier to read. The offence applies to officers (or former officers) who use or disclose information, relating to the affairs of another person, when this information is obtained or generated by the officer in the performance of their duties or functions, or the exercise of powers under the Health Insurance Act. This offence is not being changed substantively but is being rephrased. 'Obtain' and 'acquire' will have their ordinary meaning and are intended to include circumstances where the information has been taken from another source or has been created by the relevant officer in the performance of duties or functions, or the exercise of powers.

Subsection 130(1A) states that subsection 130(1) does not apply if the use or disclosure is authorised or exempted under a provision of the Health Insurance Act or otherwise required or authorised by an Australian law. This includes disclosure to courts and the Administrative Review Tribunal, Royal Commissions and entities including Commonwealth agencies with compulsory powers. It will also allow for disclosure where it is authorised by law.

A note to the provision states that the defendant bears an evidential burden in relation to this subsection in accordance with subsection 13.3(3) of the Criminal Code.

Another note to the provision identifies examples of provisions in the Health Insurance Act that authorise the use or disclosure of information. These are sections 129B, 129C, 129D and 129E.

Subsection 130(2) is an authorisation for an officer to use or disclose information of a kind referred to in paragraph (1)(c). This authorises the handling of information in the performance of their duties or functions or in the exercise of their powers under legislation and for the purposes of enabling them or any other person to perform duties or functions, or exercise powers in relation to a Medicare program.

It also authorises officers to disclose information to the Minister for the purposes of the Minister's performance of the Minister's functions. This is intended to include disclosure to persons assisting the Minister (that is, Ministerial staff).

Subsection 130(3) is an authorisation for uses and disclosures in the public interest. An officer may use or disclose information of a kind referred to in paragraph (1)(c) if 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. The officer must disclose the information to the person or body for the specified purpose or use the information for purposes related to such a disclosure. This provision also authorises the subsequent use and disclosure of the information by the recipient/s, for the purposes for which the disclosure was made. Person is defined in section 2C of the Acts Interpretation Act. Body will have its ordinary meaning and is intended to include entities that do not fall within this definition.

A note to the provision clarifies that information disclosed to a person under this subsection for a specified purpose must only be used or disclosed for that purpose as stipulated in subsection (3G).

A decision by the Secretary or Chief Executive Medicare to disclose particular information under this provision to a specified person for a specified purpose, if it is in the public interest to do so, is unsuitable for merits review. In accordance with the principles outlined in the Administrative Review Council's guide^[3], this is on the basis that there would be no suitable remedy in respect of such a review.

New subsection 130(3A) enables the Secretary or Chief Executive Medicare, when disclosing information under the authorisation in new subsection 130(3), to specify terms and conditions subject to which the information may be used or disclosed by the person. The terms and conditions would be in an instrument in writing and set out specifications in relation to the use and disclosure of the information by the person.

A decision by the Secretary or Chief Executive Medicare to specify terms and conditions attaching to the disclosure of information under this provision is unsuitable for merits review. As set out above, this accords with the principles outlined in the Administrative Review Council's guide.^[4] This exclusion of merits review is justifiable because the decision is of such a kind that no appropriate remedy may be conferred by a reviewing body.

Related subsection 130(3B) provides that the written instrument specifying terms and conditions may also require the recipient to give a written undertaking with respect to the use or disclosure of the information by the person. This undertaking may include a requirement that the person not disclose any of the information to any other person or body, and/or clarify the limitations on the purposes for which the information can be used by the recipient.

These terms and conditions provide an important method to limit the use and disclosure of the information, and the requirement for this to be in writing ensures that the purpose for the disclosure will be clear to any recipient. The option of requiring the recipient to provide a written undertaking will provide an additional mechanism to ensure that the recipient is aware of and accepts any limitations regarding the disclosure.

New subsection 130(3C) provides that public interest certificates made under paragraph 130(3)(a) and the instruments setting out terms and conditions under subsection 130(3A) are not legislative instruments. These instruments are not of legislative character and effect because they do not determine the law or alter the content of the law, nor do they have the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right or varying or removing an object or right. Instead, they relate to specific recipients to whom information is disclosed under section 130(3) and authorise the disclosure of specific information to a specified person for a specified purpose.

New subsection 130(3D) provides that subsection 130(3) has effect subject to any rules made under subsection (3E), if any have been made.

New subsection 130(3E) provides that the Minister may, by legislative instrument, make rules for the purposes of subsection (3D). This rule-making power may be used to narrow the types of public interest purposes, or the types of recipients, that can be specified in an instrument made under the new subsection 130(3).

New subsection 130(3F) is an authorisation for disclosures to a prescribed authority or person.

An officer may disclose information of a kind referred to in paragraph (1)(c) to a person or body who is prescribed by regulations made for the purposes of this subsection. The provision requires the disclosure to be for a specified purpose, the information must be prescribed information, and the regulations must provide that the information may be disclosed to the person or body for the specified purpose. Person is defined in section 2C of the Acts Interpretation Act. Body will have its ordinary meaning and is intended to include entities that do not fall within this definition. This provision also authorises the subsequent use and disclosure of the information by the recipient/s, for the purposes for which the disclosure was made.

A note to the provision sets out that information disclosed to a person or body under this subsection for a specified purpose must only be used or disclosed for that purpose as stipulated in subsection 130(3G).

New subsection 130(3G) states that a person or body who 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

Amended subsection 130(4) provides an authorisation for an officer to use or disclose information of a kind referred to in paragraph (1)(c) in certain circumstances. Use or disclosure of the information is authorised if any of the following apply:

a.

the information is lawfully in the public domain;

b.

the person to whom the information relation has expressly or impliedly consented to the use or disclosure;

c.

the use or disclosure is for the purpose of obtaining or providing legal advice;

d.

the information relates to the person or body to whom it is being disclosed;

e.

the information has previously been lawfully disclosed to the same person or body for the same purpose.

Person is defined in section 2C of the Acts Interpretation Act. Body will have its ordinary meaning and is intended to include entities that do not fall within this definition.

Item 72 repeals subsection 130(4A) as it is no longer required.

Item 73 repeals and replaces subsection 130(5). New subsection 130(5) provides that 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 are not likely to enable the identification of any person, except the Commonwealth, a State or Territory.

Item 74 inserts a subsection heading for subsection 130(5A). Subsection headings will improve readability of section 130 as a whole.

Item 75 inserts a subsection heading for subsection 130(5E). Subsection headings will improve readability of section 130 as a whole.

Item 76 repeals subsections 130(5G) and (5H). These subsections are no longer required because of the new authorisations including section 129B.

Item 77 inserts a subsection heading for subsection 130(5J). Subsection headings will improve readability of section 130 as a whole.

Item 78 replaces the term "divulge" with "disclose" in subsection 130(5J). This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 3(1) by item 59, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 79 inserts a subsection heading for subsection 130(6). Subsection headings will improve readability of section 130 as a whole.

Item 80 replaces the term "divulge" with "disclose" in subsection 130(6). This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 3(1) by item 59, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 81 replaces the term "a Departmental employee (within the meaning of the Human Services (Centrelink) Act)" with "a person engaged (whether as an employee or otherwise) by Services Australia" in paragraph 130(6)(ca). This broadens the application of the provision to persons working at Services Australia who are not employees of the agency, for example, contractors or labour hire.

Item 82 inserts a subsection heading for subsection 130(7). Subsection headings will improve readability of section 130 as a whole.

Item 83 repeals paragraph 130(7)(a). This paragraph is no longer required. Prior to these amendments, subsections 130(7)(a) and (e) of the Health Insurance Act enabled information sharing in some circumstances. However, there were limitations in the application of these provisions which impacted the ability for relevant staff to appropriately handle information. New paragraphs 129C(3)(c) and (d) enable the collection, use or disclosure for purposes including the administration of a centrelink program or the Child Support (Assessment) Act and Child Support (R&C) Act. These changes will enable the appropriate handling of information within centrelink programs, medicare programs and child support programs. These changes are being made to improve the ability of Services Australia and its workforce to deliver services in respect of these programs. These amendments allow for the handling and sharing of appropriate information to ensure connected service delivery in respect of programs including centrelink programs, medicare programs and child support. These amendments align with similar changes being made to subsections 135A(7)(a) and (e) of the National Health Act.

Item 84 amends subsection 130(7) to replace the term "divulge" with "disclose". This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 3(1) by item 59, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 85 repeals paragraph 130(7)(e). This paragraph operates alongside paragraph 130(7)(a) and is no longer required due to new paragraphs 129C(3)(c) and (d).

Item 86 inserts a subsection heading for subsection 130(8). Subsection headings will improve readability of section 130 as a whole.

Item 87 replaces the term "divulged" with "disclosed" in subsection 130(8). This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 3(1) by item 59, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 88 inserts a subsection heading for subsection 130(9). Subsection headings will improve readability of section 130 as a whole.

Item 89 replaces one reference to the term "divulged" with "disclosed" in subsection 130(9). This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 3(1) by Item 59, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 90 repeals paragraph 130(9)(a). This paragraph is no longer required.

Item 91 replaces the term "a Departmental employee (within the meaning of the Human Services (Centrelink) Act)" with "a person engaged (whether as an employee or otherwise) by Services Australia" in paragraph 130(9)(aa). This broadens the application of the provision to persons working at Services Australia who are not employees of the agency, for example, contractors or labour hire.

Item 92 amends paragraph 130(9)(aa) to replace the reference to the Minister for Social Security with the Minister administering the Human Services (Centrelink) Act. Updating this reference to be based on relevant legislation will be more responsive should functions move between departments as a result of machinery of government changes.

Item 93 removes the references to "duties, or in the exercise of powers or functions" and replaces it with "duties or functions, or in the exercise of powers". This will ensure consistency and readability across the updated provisions.

Item 94 amends subsection 130(9) to replace "make a record of, or divulge or communicate" with "use, or disclose" and to replace "divulged" with "disclosed". This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "use", which is added to subsection 3(1) by item 61, specifies that it includes to make a record of. The definition of "disclose", which is added to subsection 3(1) by item 59, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 95 inserts a subsection heading for subsection 130(10). Subsection headings will improve readability of section 130 as a whole.

Item 96 replaces the term "divulged" with "disclosed" in subsection 130(10). This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 3(1) by item 59, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 97 removes the references to "the exercise of powers or functions" and replaces it with "functions or the exercise of powers". This will ensure consistency and readability across the updated provisions.

Item 98 amends subsection 130(10) to remove the reference to "(a)" as it is no longer required because of the amendments above relating to subsection 130(7).

Item 99 replaces "divulge or communicate" with "disclose" in paragraph 130(10)(b). This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 3(1) by item593, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 100 repeals subsections 130(11) to (13). These subsections are no longer required due to new section 130AAA which is added by item 114. New section 130AAA provides that authorisations or exemptions (however described) do not limit and are not limited by any other authorisations or exemptions in the Health Insurance Act. Subsections 130(1A), (2), (3), (3F), (4), (4A), (5), (5A), (5G), (5J), (6), and (7) are all authorisations or exemptions, and new section 130AAA applies to all of them.

Item 101 replaces the term "divulge" with "disclose" in subsection 130(13A). This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 3(1) by item 59, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 102 inserts a subsection heading for subsection 130(14). Subsection headings will improve readability of section 130 as a whole.

Item 103 repeals subsection 130(15) as it is no longer required.

Item 104 inserts an offence, new subsection 130(18A), after subsection 130(18). Subsection 130(18A) provides that a person commits an offence if protected information is disclosed to the person in contravention of section 130, the person knows or ought reasonably to know that the disclosure contravenes section 130, and the person either solicited the disclosure of the information, discloses the information to another person, or otherwise uses the information.

This is an equivalent offence to the current subsection 130(15). Its location within section 130 is being moved to appear immediately before subsection 130(19), which relates to persons acting as employees or agents of persons convicted of offences under subsection 130(15).

Item 105 updates references to subsection 130(15) to its new numbering of subsection 130(18A). Collectively, these changes will improve readability of section 130, particularly the offence and defence provisions.

Item 106 updates a reference to section 130(15) to its new numbering of subsection 130(18A). Collectively these changes will improve the readability of section 135A.

Item 107 inserts a subsection heading for subsection 130(21). Subsection headings will improve readability of section 130 as a whole.

Item 108 inserts a subsection heading for subsections 130(23). Subsection headings will improve readability of section 130 as a whole.

Item 109 updates references to subsection 130(15) to its new numbering of subsection 130(18A).

Item 110 repeals subsection 130(24). This subsection is no longer required as a result of the changes to subsection 130(1).

Item 111 inserts a subsection heading for subsection 130(25). Subsection headings will improve readability of section 130 as a whole.

Item 112 repeals the definition of "indemnity legislation" within subsection 130(25). This definition is no longer required as a result of the changes to subsection 130(1).

Item 113 amends the definition of "officer" in subsection 130(25) to mean a person performing duties or functions or exercising powers under or in relation to the Health Insurance Act or a Medicare program, or any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia, or any other person employed or engaged by a person described above to provide services in connection with those services.

Item 114 inserts new sections 130AAA, 130AAB, and 130AAC. Section 130AAA provides that authorisations under sections 129B, 129C, 129D, 129E and 130 do not limit, and are not limited by, any other authorisation or exemption in those sections or any other section of the Health Insurance Act.

Subsection 130AAB(1) states that this section is made for purposes of paragraph 129B(3)(a), paragraph 129C(30(a) and subparagraph 129E(3)(a)(i).

Paragraph 130AAB(2)(a) provides that for the purposes of the provisions referred to in subsection 130AAB(1) and their sections, a reference to a matter of 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 relating to the program are met. This includes requirements that are not statutory requirements, for example, requirements imposed under grant or other deed or payment arrangements.

Paragraph 130AAB(2)(b) provides that a reference in the section to a collection, use or disclosure being for the purposes of that matter 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.

Section 130AAC confirms that the offences and authorisations in the sections referred to include information relating to all persons including deceased persons.

National Health Act 1953

Item 115 - inserts new definitions of "disclose" and "entrusted public official" into existing subsection 4(1) of the National Health Act.

In relation to information, the definition of "disclose" will include to divulge or communicate that information. The definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

The item also inserts a new definition of "entrusted public official" into subsection 4(1).

The information sharing powers will be applicable to persons within the definition of an entrusted public official. This includes the people and positions in a "relevant Department", as per the new definition added by item 117, with roles and responsibilities in administering Medicare programs. This includes officers in the department and Services Australia as well as relevant Secretaries and the Chief Executive Medicare.

The concept of an entrusted public official is relevant to the new framework for information sharing because several of the authorisations to use or disclose information within the National Health Act will only be available to entrusted public officials. It is appropriate for officers and employees of departments who administer Health portfolio legislation, as well as certain persons engaged by these Commonwealth agencies, to have access to various authorisations to use or disclose information. These authorisations will enable officers, employees and those relevantly engaged to access the information required for them to exercise or perform their powers, functions and duties in respect of their roles under Medicare programs and in administering the provisions once enacted. These authorisations will enable officers, employees and those relevantly engaged to access the information required in respect of their roles in their agency.

Item 116 repeals the definition of Human Services Minister in subsection 4(1) as it is no longer required.

Item 117 adds, in subsection 4(1) a definition of "relevant Department" and clarifies the ordinary meaning of the word "use". The authorisations to use and disclose protected information will be applicable to persons who are employed or otherwise engaged by the Commonwealth departments included in the definition. These definitions are based on relevant legislation and should therefore be responsive should functions move between departments as a result of machinery of government changes.

The clarification in relation to the meaning of "use" specifies that, in relation to information, use includes to make a record of.

Item 118 amends paragraph 98E(2)(a) to replace "make a record of, or divulge or communicate" with "use, or disclose". This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "use", which is added to subsection 4(1) by item 117, specifies that it includes to make a record of. The definition of "disclose", which is added to subsection 4(1) by item 115, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 119 repeals and replaces subsections 135A(1) to (5). It also adds new subsections 135A(1A), (3A), (3B), (3C), (3D), (3E), (3F) and (3G).

Subsection 135A(1) is a secrecy offence which is being repealed and replaced as it has been re-written in accordance with modern drafting practice. The addition of subsections and paragraphs will make this subsection easier to read.

The offence applies to a person (the relevant person), who is an officer (or a former officer), who uses or discloses information, relating to the affairs of another person, when the information is obtained or generated by the relevant person in the performance of duties or functions, or in the exercise of powers under the National Health Act. Obtain and acquire will have their ordinary meaning and are intended to include circumstances where the information has been taken from another source or has been created by the relevant officer in the performance of duties or functions, or the exercise of powers. This offence is not being changed substantively but is being rephrased.

Subsection 135A(1A) states that subsection 135A(1) does not apply if the use or disclosure of the information, is authorised or exempted under a provision of the National Health Act or otherwise required or authorised by an Australian law. This includes disclosure to courts and the Administrative Review Tribunal, Royal Commissions and entities including Commonwealth agencies with compulsory powers. It will also allow for disclosure where it is authorised by law.

A note to the provision states that the defendant bears an evidential burden in relation to this subsection in accordance with subsection 13.3(3) of the Criminal Code.

Another note to the provision identifies examples of provisions in the National Health Act that authorise the use or disclosure of information. These are sections 135ABA, 135ABB, and 135ABC. These provisions allow for information to be shared with another person, including both Commonwealth and non-Commonwealth recipients for particular purposes.

Subsection 135A(2) is an authorisation for an officer to use or disclose information of a kind referred to in paragraph (1)(c). This authorises officers to use or disclosure information in the performance of their duties or functions, or in the exercise of their powers under legislation and for the purposes of enabling them or any other person to perform duties, or functions, or exercise powers, in relation to a Medicare program.

It also authorises officers to disclose information to the Minister for the purposes of the Minister's performance of the Minister's functions. This is intended to include disclosure to persons assisting the Minister (that is, Ministerial staff).

Subsection 135A(3) is an authorisation for use and disclosure in the public interest. An officer may use or disclose information of a kind referred to in paragraph (1)(c) if 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 a body for a specified purpose. The officer must disclose the information to the specified person or body for the specified purpose or use the information for purposes related to such a disclosure. Person' is defined in section 2C of the Acts Interpretation Act. Body will have its ordinary meaning and is intended to include any entity that does not fall within this definition. This authorisation also provides for the subsequent use or disclosure of the information by the recipient/s specified in the instrument, for the purpose specified.

A note to the provision clarifies that information disclosed to a person or body under this subsection for a specified purpose must only be used or disclosed for that purpose as stipulated in subsection (3G).

New subsection 135A(3A) enables the Secretary or Chief Executive Medicare, when disclosing information under the authorisation in new subsection 135A(3), to specify terms and conditions subject to which the information may be used or disclosed by the person. The terms and conditions would be in an instrument in writing and set out specifications in relation to the use and disclosure of the information by the person.

Related subsection 135A(3B) provides that the written instrument specifying terms and conditions may also require the recipient to give a written undertaking with respect to the use or disclosure of the information by the person. This undertaking may include a requirement that the person not disclose any of the information to any other person or body, and/or clarify the limitations on the purposes for which the information can be used or disclosed by the recipient.

These terms and conditions provide an important method to limit the use and disclosure of the information, and the requirement for this to be in writing ensures that the purpose for the disclosure will be clear to any recipient. The option of requiring the recipient to provide a written undertaking will provide an additional mechanism to ensure that the recipient is aware of and accepts any limitations regarding the disclosure.

New subsection 135A(3C) provides that public interest certificates made under the paragraph 135A(3)(a) and instruments setting out terms and conditions under subsection 135A(3A) are not legislative instruments. These instruments are not of legislative character and effect because they do not determine the law or alter the content of the law, nor do they have the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right or varying or removing an object or right. Instead, they relate to specific recipients to whom information is disclosed under section 135A(3) and authorise the disclosure of specific information to a specified person for a specified purpose.

New subsection 135A(3D) provides that subsection 135A(3) has effect subject to any rules made under subsection (3E), if any have been made.

New subsection 135A(3E) provides that the Minister may, by legislative instrument, make rules for the purposes of subsection (3D). This rule-making power may be used to narrow the types of public interest purposes, or the types of recipients, that can be specified in an instrument made under the new subsection 135A(3).

New subsection 135A(3F) is an authorisation for disclosures to a prescribed authority or person. Person is defined in section 2C of the Acts Interpretation Act. Body will have its ordinary meaning and is intended to include entities that do not fall within this definition.

An officer may disclose information of a kind referred to in paragraph (1)(c) to person or body who is prescribed by regulations made for the purposes of this subsection. The provision requires the disclosure to be for a specified purpose, the information must be prescribed information, and the regulations must provide that the information may be disclosed to the person or body for the specified purpose. This provision also authorises the subsequent use and disclosure of the information by the recipient/s, for the purposes for which the disclosure was made.

A note to the provision sets out that information disclosed to a person or body under this subsection for a specified purpose must only be used or disclosed for that purpose as stipulated in subsection 135A(3G).

New subsection 135A(3G) states that a person or body who 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.

Amended subsection 135A(4) provides an authorisation for an officer to use or disclose information of a kind referred to in paragraph (1)(c) in certain circumstances. Use or disclosure of the information is authorised if any of the following apply:

a.

the information is lawfully in the public domain;

b.

the person to whom the information relation has expressly or impliedly consented to the use or disclosure;

c.

the use or disclosure is for the purpose of obtaining or providing legal advice;

d.

the information relates to the person or body to whom it is being disclosed;

e.

the information has previously been lawfully disclosed to the same person or body for the same purpose.

Person is defined in section 2C of the Acts Interpretation Act. Body will have its ordinary meaning and is intended to include entities that do not fall within this definition.

Subsection 135A(5) provides that 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, except the Commonwealth, a State or Territory.

Item 120 repeals subsection 135A(5C) as it is no longer required.

Item 121 inserts a subsection heading for subsection 135A(5D). Subsection headings will improve readability of section 135A as a whole.

Item 122 inserts a subsection heading for subsections 135A(6). Subsection headings will improve readability of section 135A as a whole.

Item 123 amends subsection 135A(6) to replace the term "divulge" with "disclose". This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 4(1) by Item 115, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 124 replaces the term "a Departmental employee (within the meaning of the Human Services (Centrelink) Act)" with "a person engaged (whether as an employee or otherwise) by Services Australia" in paragraph 135A(6)(ea). This broadens the application of the provision to persons working at Services Australia who are not employees of the agency, for example, contractors or labour hire.

Item 125 inserts a subsection heading for subsection 135A(7). Subsection headings will improve readability of section 135A as a whole.

Item 126 repeals paragraph 135A(7)(a). This paragraph is no longer required.

Item 127 amends subsection 135A(7) to replace the term "divulge" with "disclose". This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 4(1) by Item 115, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 128 repeals paragraph 135A(7)(g). This paragraph is no longer required.

Item 129 inserts a subsection heading for subsection 135A(8). Subsection headings will improve readability of section 135A as a whole.

Item 130 amends subsection 135A(8) to replace the term "divulged" with "disclosed". This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 4(1) by Item 115, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 131 inserts a subsection heading for subsection 135A(9). Subsection headings will improve readability of section 135A as a whole.

Item 132 replaces one reference to the term "divulged" with "disclosed" in subsection 135A(9). This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 4(1) by Item 115, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 133 repeals paragraph 135A(9)(a). This paragraph is no longer required.

Item 134 repeals and replaces paragraph 135A(9)(aa). The new paragraph replaces the reference to a "Departmental employee (within the meaning of the Human Services (Centrelink) Act)" with a "person engaged (whether as an employee or otherwise) by Services Australia". This broadens the application of the provision to persons working at Services Australia who are not employees of the agency, for example, contractors or labour hire. The new paragraph also replaces the reference to the Minister for Social Security with the Minister administering the Human Services (Centrelink) Act. Updating this reference to be based on relevant legislation will be more responsive should functions move between departments as a result of machinery of government changes.

Item 135 removes the references in paragraphs 135A(9)(b) to (d) to "duties, or in the exercise of powers or functions" and replaces them with "duties or functions, or in the exercise of powers". This will ensure consistency and readability across the updated provisions.

Item 136 amends subsection 135A(9) to replace the references to "divulge" and "communicate" with "disclose". This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 4(1) by Item 115, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 137 repeals subsections 135A(10) to (12). These subsections are no longer required.

Item 138 amends subsection 135A(12A) to replace the reference to "divulge" with "disclose". This is an update in accordance with modern drafting practice and for consistency with other legislation. The definition of "disclose", which is added to subsection 4(1) by item 115, specifies that it includes to divulge or to communicate. This definition is intended to reflect the ordinary meaning of disclose in addition to the ordinary meaning of divulge or communicate. This means that the definition of "disclose" in this context takes into account both circumstances in which the information being shared is already known to the recipient (communication), as well as where the information is not already known to the recipient (divulgence). It also includes instances where information is being shared within the same entity.

Item 139 inserts a subsection heading for subsection 135A(13). Subsection headings will improve readability of section 135A as a whole.

Item 140 repeals subsection 135A(14). This subsection is no longer required.

Item 141 inserts an offence, new subsection 135A(17A), after subsection 135A(17). Subsection 135A(17A) provides that a person commits an offence if protected information is disclosed to the person in contravention of section 135A, and the person either solicited the disclosure of the information, discloses the information to another person or otherwise uses the information.

This is an equivalent offence to subsection 135A(14), but its location within section 135A is being moved to appear immediately before subsection 135A(18), which relates to persons acting as employees or agents of persons convicted of offences under subsection 135A(14).

Item 142 updates a reference to section 135A(14) to its new numbering of subsection 135A(17A). Collectively these changes will improve the readability of section 135A.

Item 143 updates a reference to section 135A(14) to its new numbering of subsection 135A(17A). Collectively these changes will improve the readability of section 135A. The item also inserts a subsection heading for subsection 135A(20). Subsection headings will improve readability of section 135A as a whole.

Item 144 inserts a subsection heading for subsection 135A(20). Subsection headings will improve readability of section 135A as a whole

Item 145 inserts a subsection heading for subsection 135A(22). Subsection headings will improve readability of section 135A as a whole.

Item 146 updates references to subsection 135A(14) to its new numbering of subsection 135A(17A).

Item 147 repeals subsection 135A(23). This subsection is no longer required.

Item 148 inserts a subsection heading for subsection 135A(24). Subsection headings will improve readability of section 135A as a whole.

Item 149 repeals the definition of "court" within subsection 135A(24). This definition is no longer required due to the changes to subsection 135A(2).

Item 150 repeals the definition of "indemnity legislation" within subsection 135A(24). This definition is no longer required due to the changes to subsection 135A(1).

Item 151 repeals the current definition of "officer" in subsection 135A(24) and replaces this with a new definition to mean a person performing duties or function, or exercising powers, under or in relation to the National Health Act or a Medicare program, or any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with a relevant Department or Services Australia, or any other person employed or engaged to provide services.

Item 152 amends paragraphs 135AAA(2)(c) and (4)(c) to change the wording "duties, or in the exercise of the powers or functions" to "duties or functions, or in the exercise of the powers".

Item 153 repeals sections 135AA and 135AB. These provisions will no longer be required as they are being replaced by an authorisation for the collection, use and disclosure of relevant information. This authorisation is provided by new section 135ABA.

Section 135AA of the National Health Act currently places specific restrictions on the use, storage, linkage and disclosure of MBS and PBS claims information and requires the Information Commissioner to issue rules relating to this data. These rules are currently the National Health (Privacy) Rules (Privacy Rules).

The Privacy Rules, and section 135AA itself, have created difficulties for the Department of Health to access and use the appropriate MBS and PBS information for health provider compliance (and other) purposes. These provisions impose more stringent and detailed requirements than general privacy legislation and secrecy provisions, including reference to specific concepts which are arguably now outdated.

The Privacy Rules introduced complexities to health provider compliance functions when certain functions were moved between departments in a Machinery of Government change. This has highlighted the need for a new approach that can support health provider compliance functions (and other functions which rely on MBS and PBS information) regardless of which agency has responsibility for them. This is particularly the case in the context of health benefits where the Department of Health has underlying policy or compliance responsibility for programs which are often practically delivered or administered by other agencies (such as Services Australia).

The Privacy Rules are no longer considered necessary in circumstances where the Australian Privacy Principles under the Privacy Act provide a high level of privacy protection, in addition to secrecy provisions and offences within health legislation including section 135A of the National Health Act and section 130 of the Health Insurance Act. In addition, the relevant Commonwealth agencies comply with whole-of-government arrangements in relation to privacy and security, and departmental data governance arrangements provide further protection.

The item also inserts new sections 135ABA, 135ABB and 135ABC. These provisions allow for information to be shared with another person, including both Commonwealth and non-Commonwealth recipients for particular purposes.

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

New section 135ABA introduces an authorisation for the collection, use and disclosure of certain information relating to pharmaceutical benefits for identified purposes. The intention is to allow appropriate use and disclosure of information to protect the integrity of health benefits schemes and to ensure the quality and safety of health services.

Subsection 135ABA(1) identifies the information to which the section applies. Namely, this is information relating to a person, which is held by an agency and is obtained by the agency or another agency in connection with a claim for a payment of a benefit under the PBS, in connection with a supply of a pharmaceutical benefit or relating to a person's eligibility or entitlement to receive a pharmaceutical benefit, a payment in respect of the supply of a pharmaceutical benefit or a benefit to be paid under the PBS.

The information captured by this authorisation is not limited to information that may have been obtained or generated by an officer in the course of performing duties or functions or exercising powers under the National Health Act.

Subsection 135ABA(2) authorises the collection, use and disclosure of information for one or more of the purposes specified in subsection 135ABA(3). Subsection 135ABA(2)(a) provides that a person who is an officer may disclose to an entrusted public official information to which this section applies. Paragraph 135ABA(2)(b) provides that an entrusted public official may collect, use or disclose information to which this section applies.

Paragraph 135ABA(2)(c) provides that a person who received information under paragraph 135ABA(2)(b) may disclose that information to an entrusted public official or use that information for the same purpose as the purpose for which the information was disclosed to the person under paragraph 135ABA(2)(b) or disclose that information to any other person for the purpose for which it was previously disclosed.

In these provisions, "officer" is within the meaning of section 135A, and "entrusted public official" is defined in subsection 4(1) (see item 115).

A note to this provision sets out that a collection, use or disclosure authorised by this subsection is not prohibited by subsection 135A(1). Another note states that this subsection constitutes an authorisation for the purposes of other laws, such as the Privacy Act.

Subsection 135ABA(3) provides the specified matters for which information may be collected, used or disclosed under subsection 135ABA(2). These are as follows:

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 services under a Medicare program;

c.

statistical analysis;

d.

medical research;

e.

research and development in relation to health, disability or ageing;

f.

development, analysis, administration and review of, and reporting related to, government policy and programs in relation to health, disability and ageing;

g.

a disclosure of information that is required or authorised under an Australian law.

The "integrity or sustainability of a Medicare program" is not defined. However, the following are examples of circumstances in which this authorisation is intended to be relied on to enable the collection, use and disclosure of information:

a.

health provider compliance functions undertaken by a department who administers Health portfolio legislation including statutory functions, and powers under the legislation;

b.

the administration of a payment or a benefit (including claims) under a Medicare program, including those involving hospitals and States and Territories;

c.

determining whether a payment of (or claim for) an amount or benefit in respect of a Medicare program was in made accordance with all relevant legislative and any other relevant requirements or parameters;

d.

identifying and managing risks and issues relevant to preserving the financial sustainability of Medicare programs;

e.

the collection, use, and disclosure of information about the operation of Medicare programs;

f.

activities and investigations undertaken by private health insurers in respect of Medicare programs, associated or related payments of Medicare benefit;

g.

debts recoverable by the Commonwealth under Commonwealth legislation relating to Medicare programs;

h.

a suspected offence or contravention of a Commonwealth offence relating to a payment or a benefit (including a claim) under a Medicare program;

i.

informing a private health insurer (or their agent) that a benefit provided, or a payment made in respect of a Medicare program has been recovered (or is recoverable) as a debt due to the Commonwealth because it was not payable under Commonwealth legislation;

j.

a standard of professional conduct relating to a person who renders or provides or purports to render or provide benefits or services under a Medicare program.

However, there are likely to be slight differences in matters relevant to the integrity and sustainability of Medicare programs for the purposes of pharmaceutical benefits. In addition, given the broad intention of the changes to enable information sharing and promote a "culture of information sharing", any examples provided are not intended to be an exhaustive list of circumstances.

The department uses the information described within subsection 135ABA(1) for determining eligibility for benefits and other health provider compliance activities. Other areas of the department use claims information and other MBS and PBS data – typically at unit record level or summary level – to support policy development, program delivery and for research, particularly in relation to the PBS.

The intention of section 135ABA is to provide authorisation for the appropriate use and handling of this information. The objective of this authorisation is to ensure that the collection, use and disclosure of the specified information, for one of the specified purposes, is enabled to preserve the integrity of Medicare programs and ensure the Commonwealth resources allocated to these programs are deployed to maximum advantage. This amendment would also facilitate use, including linkage and analysis, of PBS data, to gain insight into patient pathways through the health system, and implications for patient health outcomes.

Example – disclosure for purpose of the integrity or sustainability of a Medicare program

An officer at the Department of Health, whose responsibilities include processing applications for approval by pharmacy owners to supply pharmaceutical benefits under the National Health Act, receives information involving allegations of a fraud involving a pharmacy in regional Victoria. The information involves a significant volume of Pharmaceutical Benefits Scheme (PBS) payments as well as risks of significant harms to community members. The employee wishes to share the information urgently with Ahpra so they can address any patient safety concerns while the officer considers the need for a criminal investigation.

This new provision will provide an authorisation for a departmental official (an entrusted public official) to disclose the information to Ahpra because the information relates to the integrity and sustainability of the PBS. Medicare program is defined to include services, benefits, programs or facilities that are provided for under the National Health Act (see definition in section 3 which refers to section 41G of the Human Services (Medicare) Act).

The disclosure would also be authorised to the extent it is for the purpose of protecting a person from a risk arising in connection with the provision of a services under the PBS.

These changes, including new provision 135ACC set out that a reference to the integrity and sustainability of a Medicare program includes a reference to the disclosure being for the purpose of ensuring that the delivery of the program is not compromised by fraud and non-compliance. As a result, these changes will strengthen regulatory processes and improve abilities to identify and appropriately respond to potential non-compliance and fraud.

Example – disclosure to State and Territory bodies for investigative purposes

An officer at the Department of Health (with responsibilities involving the investigations powers in Part IID of the Human Services Medicare Act) has information suggesting a pharmacist may have been making claims for payments for the supply of PBS medications to patients after their death. During the investigation, the officer is contacted by an investigator from the NSW Healthcare Complaints Commission (HCCC) stating that they had been advised by a third party that the department is investigating this pharmacist.

This new provision will provide an authorisation for a departmental official (an entrusted public official) to disclose the information to the NSW HCCC because the information relates to the integrity and sustainability of the PBS. Medicare program is defined to include services, benefits, programs or facilities that are provided for under the National Health Act (see definition in section 3 which refers to section 41G of the Medicare Act). The disclosure would also be authorised to the extent it is for the purpose of protecting a person from a risk arising in connection with the provision of a service under the PBS.

These changes, including new provision 135ACC set out that a reference to the integrity and sustainability of a Medicare program includes a reference to the disclosure being for the purpose of ensuring that the delivery of the program is not compromised by fraud and non-compliance. As a result, these changes will strengthen regulatory processes and improve abilities to identify and appropriately respond to potential non-compliance and fraud.

In supporting use of information for research, policy, and program activities that assist the department in understanding how patients interact with the health system, the proposed amendments will assist the department in developing evidence-based policy, delivering well-targeted programs, and conducting best practice regulation and evaluation.

The Department of Health uses and discloses Pharmaceutical data to inform key policies and programs that deliver health benefits to Australians, including the Pharmaceutical Benefits Scheme. These uses and disclosures include (but are not limited to) improving access to cost effective and affordable medicines, supporting access to medical, dental and hearing services, and providing improved choice in health care services. The data is also used to support a range of other policy and program purposes including (but not limited to) preventative health and chronic disease support, First Nations health, improving quality, distribution and planning of the health workforce, strengthening primary health care quality and coordination, and providing incentives to general practice to deliver quality health care.

The department also uses and discloses protected information, including Pharmaceutical data, to support health, disability and ageing research. For example, protected information may be disclosed to the Australian Institute of Health and Welfare to support its functions.

This authorisation is one element of the broader information sharing framework that responds directly to the recommendations made in the Philip Review.

The overall object of this authorisation is to ensure that the collection, use and disclosure of the specified information, for one of the specified purposes, is not unnecessarily restricted or subject to uncommon governance standards. The changes would enable the collection, use and disclosure of information to preserve the integrity of Medicare programs and ensure the Commonwealth resources allocated to these programs are deployed to maximum advantage.

The provision will also authorise the handling of information to which the section applies between officers and entrusted public officials. In other words, the collection, use or disclosure of information will capture the internal passage of information between officers and entrusted public officials whether they were previously aware or had possession of the information or not.

Subsection 135ABA(4) provides that a disclosure for the purpose of research or statistics where a person is reasonably identifiable from the information to be disclosed, would not be authorised unless informed consent is obtained from the identified persons for the use and disclosure of that information or 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.

Subsection 135ABA(5) includes specific considerations relating to disclosures of information under this section for the purposes of statistical analysis, medical research or research development in relation to health, disability or aged care. The person disclosing the information is required to consider the extent to which the disclosure complies with the data minimisation principle.

Subsection 135ABA(6) provides that nothing in section 135ABA interferes with information handling for the purposes of My Health Record or the data matching provisions in the National Health Act.

Subsection 135ABA(7) adds 5 new definitions: "agency", "data minimisation principle", "My Health Record", "My Health Record System Operator", and "Pharmaceutical Benefits Program".

Section 135ABA operates as an authorisation for the purposes of section 135A of the National Health Act as well as for other laws, such as the Privacy Act. This is clarified in notes in the provision. The first note states that any collection, use or disclosure of information under this subsection is not prohibited by section 135A. The second note states that the subsection also constitutes an authorisation for the purposes of other laws including the Privacy Act.

Section 135ABB – Authorisations—dealings with officer obtained or generated information for program integrity etc.

New section 135ABB expressly authorises information to be shared within and between Commonwealth departments and agencies that administer Medicare programs and those with payment functions. The new provision will also authorise the sharing of information outside of the Commonwealth, where this is required for the particular purpose. This will positively authorise certain uses and disclosures of information, rather than officers having to rely on existing provisions to share necessary information which may not be as clear.

There is currently no consistent or overarching provisions relating to information sharing in the legislation that underpins Medicare programs. The existing provisions enabling information sharing focus on powers, functions and duties under specific legislation, rather than a holistic focus on safeguarding the integrity of health benefits schemes and protecting the safety of those accessing services and benefits under Medicare programs.

Section 135A of the National Health Act is structured to prohibit the disclosure of information unless certain exceptions apply. This can result in uncertainty about how information sharing provisions may be used and considerable administrative burden and challenges to the effective operation of health compliance activities.

New section 135ABB will positively authorise certain collections, uses and disclosures of information, rather than rely on exceptions to allow officers and agencies to share necessary information.

These changes authorise the handling of information for the purpose of maintaining the integrity or sustainability of Medicare programs. They also authorise the sharing of information for purposes that may not necessarily be directly linked to payments under health benefits schemes but are considered necessary to protect a person from a risk arising from, or in connection with, the provision of a benefit or service under a Medicare program.

Subsection 135ABB(1) identifies the information to which the section applies. Namely, this is information obtained or generated by an officer (within the meaning of section 135A) in the performance of their duties or functions, or the exercise of powers under the National Health Act and relates to the affairs of a person.

Subsection 135ABB(2) authorises the collection, use and disclosure of information for the purposes of one or more of the matters specified in subsection 135ABB(3). Paragraph 135ABB(2)(a) provides that a person who is or has been an officer may disclose to an entrusted public official information to which this section applies. Paragraph 135ABB(2)(b) provides that an entrusted public official may collect, use or disclose information to which this section applies.

Paragraph 135ABB(2)(c) provides that a person who received information under paragraph 135ABB(2)(b) may disclose that information to an entrusted public official or use that information for the same purpose as the purpose for which the information was disclosed to the person under paragraph 135ABB(2)(b) or disclose that information to any other person for the purpose for which it was previously disclosed.

In these provisions, "officer" is within the meaning of section 135A, and "entrusted public official" is defined in subsection 4(1) (see item 115).

A note to this provision sets out that a collection, use or disclosure authorised by this subsection is not prohibited by subsection 135A(1). Another note states that this subsection constitutes an authorisation for the purposes of other laws, such as the Privacy Act.

Subsection 135ABB(3) provides the specified matters for which information may be collected, used and disclosed under subsection 135ABB(2). These are as follows:

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 services under a Medicare program.

c.

the administration of a centrelink program (within the meaning of the Centrelink Act),

d.

the administration of the following Acts:

i.

the Child Support (Assessment) Act

ii.

the Child Support (R&C) Act.

The "integrity or sustainability of a Medicare program" is not defined in the legislation. However, a list of examples provided in relation to new section 135ABA (above) indicates examples of circumstances in which this authorisation is intended to be relied on to enable the collection, use and disclosure of information. Given the broad intention of the changes to enable information sharing and promote a "culture of information sharing", this is not intended to be an exhaustive list of circumstances in which the authorisation may apply.

Noting that officers and entrusted public officials work together, collections, uses and disclosures may include where the information was obtained or generated by another person (including under section 135ABA, section 135ABB, and section 135ABC) at some stage prior to being obtained or generated by the person exercising the authorisation.

New paragraphs 135ABB(3)(c) and (d) enable the collection, use or disclosure for purposes including the administration of a centrelink program or the Child Support (Assessment) Act and Child Support (R&C) Act. These changes will enable the appropriate handling of information within the centrelink programs, medicare programs and child support programs. These changes are being made to improve the ability of Services Australia and its workforce to deliver services in respect of these programs. These amendments allow for the handling and sharing of appropriate information to ensure connected service delivery in respect of programs including centrelink programs, medicare programs and child support programs. These amendments align with similar changes being made to the Health Insurance Act.

A note clarifies that the subsection also constitutes an authorisation for the purposes of other laws including the Privacy Act.

A note to this provision states that section 135ACC extends the meaning of the integrity and sustainability of a Medicare program for the purposes of paragraph (a).

Subsection 135ACC(4) provides that the authorisation is subsection 135ACC(2) does not apply to disclosures by certain individuals in the context of the operation of the PSR. Disclosures of protected information by the persons specified in subsection 135ACC(4) are not authorised under subsection 135ACC(2) if the protected information was obtained as a result of the review or investigation under Part VAA of the Health Insurance Act. The specified persons are:

a.

a person appointed under Division 2 of Part VAA of the Health Insurance Act;

b.

a member of staff or consultant engaged to assist the Director under section 106ZM or 106ZP;

c.

a person whose services are made available to assist the Director under section 106ZN;

d.

a person providing services to a Committee or the Determining Authority under section 106ZPL; and

e.

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.

In addition, the subsection does not authorise disclosures of protected information by a person consulted under section 90 of the Health Insurance Act where the protected information was obtained in connection with that consultation.

Section 135ABC – Authorisations—dealings with information for enforcement, public revenue or integrity purposes

New section 135ABC provides for relevant information to be used or disclosed if an entrusted public official reasonably believes that the use or disclosure is necessary for either the enforcement of the criminal law, a law imposing a pecuniary penalty, the protection of the public revenue, or an integrity purpose (within the meaning set out in section 3 of the Crimes Act).

Information sharing is a key issue in the appropriate enforcement of laws. This provision enables the use and disclosure of information by entrusted public officials internally within the Department of Health, to external agencies and other recipients.

Integrity purpose is defined in the Crimes Act to mean the purpose of preventing, detecting, investigating or dealing with any of the following:

a.

misconduct (within the meaning of the Privacy Act) of a serious nature by any of the following:

i.

an official (as defined in section 13 of the PGPA Act) of a Commonwealth entity;

ii.

a person employed by, or in the service of, a Privacy Act agency or a wholly owned Commonwealth company;

iii.

a person acting on behalf of, or for the purposes of activities of, a Privacy Act agency;

iv.

an officer of a wholly owned Commonwealth company;

b.

conduct that may have the purpose or effect of inducing misconduct described in paragraph a)

c.

fraud that has or may have a substantial adverse effect on the Commonwealth or a target entity;

d.

an offence against Chapter 7 of the Criminal Code (which is about the proper administration of Government).

The inclusion of the term "integrity purpose" is intended to facilitate an entrusted public official using or disclosing information to detect, investigate and refer potential misconduct, fraud, or relevant offences against Chapter 7 of the Criminal Code in line with fraud obligations under the Public Governance, Performance and Accountability Rule, even where the entrusted public official does not have responsibility for the relevant enforcement functions.

Item 154 repeals and replaces the heading for section 135AC to reflect that this authorisation relates to the collection of particular health information under health law.

Item 155 inserts new sections 135ACA, 135ACB,135ACC and 135ACD.

Subsection 135ACA(1) sets out that the section applies to information that is obtained or generated by an officer (as defined in section 135A) in the performance of duties or functions, or in the exercise of powers, under the National Health Act, and relates to the affairs of a person.

Subsection 135ACA(2) provides that a person may use the information referred to in subsection 135A(1) for the purposes of disclosing the information under section 135A, 135ABA, 135ABB or 135ABC.

New section 135ACB provides that authorisations under section 135A, 135AAA, 135ABA, 135ABB, 135ABC, 135AC or 135ACA do not limit, and are not limited by, any other authorisation or exemption in those sections or any other section of the National Health Act.

Subsection 135ACC(1) states that this section is made for purposes of paragraph 135ABA(2)(a) and paragraph 135ABB(3)(a).

Paragraph 135ACC(2)(a) provides that for the purposes of the provisions referred to in subsection 135ACC(1) and their sections, a reference to a matter of 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 relating to the program are met. This includes requirements that are not statutory, for example, requirements imposed under grant or other deed or payment arrangements.

Paragraph 135ACC(2)(b) provides that 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.

Section 135ACD confirms that the offences and authorisations in the sections referred to include information relating to all persons including deceased persons.

Item 156 contains 3 items. Item 120(1) provides that subsections 130(1) and 130(18A) of the Health Insurance Act, and subsections 135A(1) and 135A(17A) of the National Health Act, apply in relation to uses or disclosures of information on or after the commencement of this Part.

Item 120(2) provides that, subject to Item 120(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, before, on or after commencement. This includes information obtained or generated under the Dental Benefits Act, the Health Insurance Act and the National Health Act.

Item 120(3) provides that section 129B of the Health Insurance Act and section 135ABA of the National Health Act apply in relation to information held by an agency before, on or after commencement. The amendments, including new authorisations, therefore can apply to information already held.

Item 157 contains 4 items. Item 121(1) provides that an instrument made under paragraph 130(3)(a) of the Health Insurance Act that is in force immediately before commencement continues in force, and may be dealt with, as if it had been made under paragraph 130(3)(a) of the Health Insurance Act as amended. This is intended to ensure continuity of existing instruments in relation to information, despite amendments to their authorising provision.

Item 121(2) provides that regulations made for the purposes of subsection 130(3A) of the Health Insurance Act that are in force immediately before commencement continues in force, and may be dealt with, as if they had been made for the purposes of subsection 130(3F) of the Health Insurance Act as amended. This is intended to ensure continuity of existing regulations in relation to information, despite amendments to their authorising provision.

Item 121(3) provides that an instrument made under paragraph 135A(3)(a) of the National Health Act that is in force immediately before commencement continues in force, and may be dealt with, as if it had been made under paragraph 135A(3)(a) of the National Health Act as amended. This is intended to ensure continuity of existing instruments in relation to information, despite amendments to their authorising provision.

Item 121(4) provides that regulations made for the purposes of paragraph 135A(3)(b) of the National Health Act that are in force immediately before commencement continue in force, and may be dealt with, as if they had been made for the purposes of subsection 135A(3F) of the National Health Act as amended. This is intended to ensure continuity of existing regulations in relation to information, despite amendments to their authorising provision.

Item 158 providers that the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature relating to the enactment of this Part, including prescribing any saving or application provisions. However, the rules may not create an offence or civil penalty, provide powers of arrest or detention or entry, search or seizure, impose a tax, set an amount to be appropriated from the Consolidated Revenue Fund or directly amend the text of this Act, the Dental Benefits Act, the Health Insurance Act or the National Health Act.

Schedule 3 – Amendments to reduce regulatory burden

Part 1 – Removing risk of unintentional non-compliance for private health insurers

Private Health Insurance Act 2007

Item 1 inserts new subparagraph 72-1(4) into the Private Health Insurance Act 2007 (Private Health Insurance Act) to clarify that if an amount payable under an insurance policy does not meet the requirements of the table in subsection subparagraph 72.1(2) of the Private Health Insurance Act because of the operation of subsection 10(4) of the Health Insurance Act 1973 (which rounds the calculation of a *medicare benefit) then the amount of the benefit payable is taken to meet the requirements of the table in subsection (2).

Part 2 – Facilitating digital identify verification for marriages

Marriage Act 1961

These amendments to the Marriage Act 1961 (Marriage Act).will support the uptake of digital identity solutions (as they become available) by marriage celebrants and modernise the Act's approach to identity verification. This will reduce the compliance burden on celebrants and couples who would otherwise be required to locate physical copies of identity documents. In cases where physical copies are hard to locate, the current requirements can be a barrier to being able to enter into the marriage.

Item 2 inserts the word 'and' at the end of paragraph 42(1)(a) of the Marriage Act.

Item 3 inserts new subparagraphs 42(1)(b)(iva) into Marriage Act.

Subparagraph 42(1)(b)(iva) will allow future amendments to be made to the Marriage Regulations 2017 to prescribe alternative identification material to be used for the purposes of marriage.

The Marriage Act requires that a marriage shall not be solemnised unless documents verifying a person's identity have been produced to an authorised marriage celebrant. Subparagraphs 42(1)(b) – (v) of the Marriage Act outline a number of types of identity documents that are acceptable for marriage purposes, such as official birth certificates or passports. To be able to flexibly respond to new technology, such as forms of digital identification, this new subparagraph introduces an ability to prescribe additional forms of suitable identity verification options in regulations.

In line with all other forms of identification which have been deemed acceptable for the purposes of marriage, this new subparagraph requires that, in addition to name, any form of identification material to be prescribed in regulations must include the date and place of birth of the person.

Confirmation of place of birth provides an additional data point to assist in assuring that a marrying party has been correctly identified to meet the requirements of the Marriage Act, as it is possible that two people could have the same name and date of birth. Marriage is an important social and legal construct and protecting the validity of marriages through strong identity verification processes is one of the Marriage Act's foundational principles.

Where alternate forms of identification, for example digital forms of identification, are approved for use and prescribed in regulations, this can reduce risk or inconvenience for parties, particularly those who are not geographically close to a celebrant at the pre-marriage documentation stage. In these instances, required documents may need to be emailed, as electronic copies, to the celebrant, which places a person's personal information at risk of insecure systems and handling. There is also a risk that such documents may be fraudulently created, particularly with technology becoming increasingly capable and available. The use of approved digital ID technology could reduce these risks while offering better outcomes for privacy, security and convenience.

The amendments will not allow for the regulations to prescribe additional types of information that must be collected or disclosed to a celebrant to solemnise a marriage. The regulations will be limited to specifying kinds of documents which contain the information specified by the primary legislation.

Item 4 amends subparagraph 42(1)(b)(v). This is a consequential amendment to reflect the insertion of new subparagraph 42(1)(b)(iva) at item 2.

Item 5 provides that the amendments made by item 2 and item 3 apply to notices that are given under section 42 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

Parts 1 and 2 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the OPGGS Act) enable information-sharing by and between the National Offshore Petroleum Titles Administrator (NOPTA), the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), and the department administered by the responsible Commonwealth Minister (the department). The amendments will reduce administrative burden for industry stakeholders, promote consistent regulatory outcomes, and improve cooperation and coordination across government.

In general, the amendments enable NOPTA, NOPSEMA and the department to share information with other government agencies or authorities for the purposes of administering certain other Commonwealth legislation that may relate to or interact with petroleum or greenhouse gas operations in offshore areas. In doing so, the amendments will go some way to reducing duplication in information required to be provided to different agencies by titleholders.

The amendments also provide for the sharing of information when there is a significant offshore petroleum incident, declared oil pollution emergency, or a certain kind of serious situation relating to greenhouse gas. The amendments allow the responsible Commonwealth Minister, the department, NOPSEMA and NOPTA to share information, things or samples in a timely manner with an agency of the Commonwealth, or of a State or Territory, that is responsible for emergency management coordination and response, to use in relation to the incident, emergency or serious situation. In particular, this will assist the operation of the Offshore Petroleum Incident Coordination Committee (OPICC). OPICC is an interdepartmental committee chaired by the department, established to provide strategic leadership and coordinate the Commonwealth Government's response to significant offshore petroleum incidents in Commonwealth waters.

Depending on the nature of an offshore incident, an OPICC response may escalate into a response led by the National Emergency Management Agency (NEMA). In order for OPICC and/or NEMA to operate effectively, information must be able to flow freely between the department (as Chair of OPICC), NOPSEMA, other members of OPICC (including state and territory agencies and, on occasion, titleholders) and NEMA. This will improve situational awareness, enhance response agencies' abilities to consider wider national implications, and will also reduce handling and reaction times.

Privacy Considerations

While the amendments in this Schedule to the Bill expand the circumstances in which offshore information and things may be shared under Part 6.11, and technical information and samples may be shared under Parts 7.3 and 8.3 of the Act, they do not alter or override existing privacy safeguards.

Section 695Y continues to apply to offshore information to the extent that it is personal information. This means that, prior to any use or disclosure, the person or agency making the information available or using the information must take reasonable steps to ensure that the information is de-identified. Sections 719 and 742 also apply, confirming that nothing in Part 7.3 and 8.3 respectively overrides the requirements of the Privacy Act, and in particular that it does not authorise or require the disclosure of personal information for the purposes of the Privacy Act.

In practice, NOPTA may receive personal information from titleholders in certain operational reports. Consistent with its internal protocols and its information-sharing arrangements with NOPSEMA, NOPTA applies rigorous scrutiny to such reports and ensures that any personal information is redacted or de-identified prior to use or disclosure.

NOPSEMA may also receive personal information in performing functions and exercising powers under the Act. NOPSEMA's collection, use and disclosure of personal information is governed by the provisions of the Privacy Act. Personal information is collected, used, disclosed and handled in accordance with NOPSEMA's privacy policy, which is accessible on its website.

These amendments therefore maintain the existing privacy framework while enabling more effective information-sharing in support of regulatory and operational objectives.

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Item 6 inserts new paragraph (c) in the simplified outline of Part 6.9, in section 642 of the OPGGS Act, to include information sharing as a function of NOPSEMA.

Items 7, 12, 19 and 26 insert definitions of "declared oil pollution emergency" and "significant offshore petroleum incident" in sections 643, 695T, 711 and 736 of the OPGGS Act, respectively, for usage of those terms in relevant Parts of the OPGGS Act. These definitions have the meaning given by Schedule 2A and section 576A, respectively.

Item 8 inserts new paragraphs (ha) and (hb) after paragraph 646(h) of the OPGGS Act to provide that NOPSEMA's functions include the functions relating to information sharing set out in the changes to the OPGGS Act made by the amendments in this Schedule. Further information regarding the specific changes to information sharing provisions is included in the relevant notes on clauses below. The amendments relating to the new functions (explained below) do not override existing privacy protections. Where the information to be shared under a power includes personal information, section 695Y of the OPGGS Act continues to apply. This requires NOPSEMA to take reasonable steps to de-identify personal information before it is used or disclosed.

Item 9 amends paragraphs 695B(1)(a) to (d) of the OPGGS Act to omit "and recommendations" and substitute it with ", recommendations and things". This amendment reflect the ability for NOPTA to share things with the entities mentioned in those paragraphs, and is included for consistency with NOPTA's additional functions inserted by item 10.

Item 10 inserts new paragraphs (ha) and (hb) after paragraph 695B(1)(h) of the OPGGS Act to include new functions in the list of functions of NOPTA in section 695B. These reflect the changes to the OPGGS Act made by the amendments in this Schedule relating to information sharing, described below. Similar to the expansion of NOPSEMA's functions described in item 8, these additional functions do not override existing privacy protections. Where the information to be shared under a power includes personal information, section 695Y of the OPGGS Act continues to apply. This requires NOPTA to take reasonable steps to de-identify personal information before it is used or disclosed.

Item 11 amends paragraph (c) of the simplified outline of Part 6.11 in section 695S of the OPGGS Act. This item omits "the Chief Executive Officer of NOPSEMA" in paragraph (c) and substitutes "the persons mentioned in paragraph (b)". The amendment is consequential to the amendments to Part 6.11, discussed below.

Item 12: see item 7.

Item 13 inserts a note at the end of subsection 695U(5) of the OPGGS Act to inform the reader of the effect of new subsection 695WA(7). Subsection 695U(5) provides that Part 6.11 does not apply to the extent that offshore information or a thing is 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). However, despite subsection 695U(5), new subsection 695WA(7) provides that section 695WA does apply in relation to such offshore information or a thing – see item 14.

Item 14 inserts new section 695WA into the OPGGS Act to provide for offshore information or things to be made available for the purposes of managing or responding to a significant offshore petroleum incident, a certain kind of serious situation relating to greenhouse gas, or a declared oil pollution emergency.

The amendments allow the responsible Commonwealth Minister, the Secretary, the CEO of NOPSEMA, and NOPTA to make available information (as defined in subsection 695U(1)) or things in a timely manner with an agency of the Commonwealth, or of a state or territory, that is responsible for emergency management coordination and response, to use in coordinating the management or responding to the incident, serious situation or emergency. In particular, this will enable the department to operate effectively as Chair of OPICC.

Depending on the nature of an offshore incident, an OPICC response may escalate into a response led by NEMA. In order for OPICC and/or NEMA to operate effectively, information must be able to flow freely amongst the department (as Chair of OPICC), NOPSEMA, other members of OPICC (including State and Territory agencies and, on occasion, titleholders) and NEMA. This will improve situational awareness, enhance response agencies' abilities to consider wider national implications, and will also reduce handling and reaction times.

Offshore information or a thing may be made available under section 695WA of the OPGGS Act if the responsible Commonwealth Minister gives a direction under section 380 (relating to certain serious situations in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence), or NOPSEMA gives a direction under section 576B in relation to a significant offshore petroleum incident, or the CEO of NOPSEMA declares a declared oil pollution emergency under Schedule 2A. These declarations serve as a "trigger" for utilisation of the powers in section 695WA.

Section 695WA specifies who may share and receive offshore information or things and the limitations on the use of the offshore information or things that apply to the recipient. Effectively, a recipient may only use the offshore information or thing for coordinating the management of, or responding to, the situation, incident or emergency. In addition, under subsection 695WA(5), the person who made the offshore information or thing available can impose conditions on the recipient's use, or ability to further share, the offshore information or thing.

Subsection 695WA(6) is included to assist readers, and advises that a notice under subsection (5) is not a legislative instrument within the meaning of subsection 8(1) of the Legislation Act. A notice under subsection 695WA(5) is administrative in character and merely declaratory of the law. A notice under subsection 695WA(5) therefore does not satisfy the legislative character test set out in subsection 8(4) of the Legislation Act.

Subsection 695WA(7) provides that, despite subsection 695U(5), section 695WA 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). The purpose of section 695WA is for the sharing of offshore information and things when certain events occur, including events that may be a significant offshore incident mentioned in Part 9.10A. This amendment therefore ensures that section 695WA also enables the sharing of information and things obtained during the course of an inquiry into such an incident. See also the explanation for item 13 above.

Although section 695WA expands the circumstances in which offshore information or things may be shared with emergency management and response agencies, it does not override existing privacy protections. Section 695Y of the OPGGS Act continues to apply to offshore information to the extent that it is personal information. This means that, before any such information is made available or used under section 695WA, the person or agency making the information available, or using the information, must take reasonable steps to ensure the information is de-identified, consistent with subsection 695Y(2). This ensures that the expanded information-sharing powers remain compliant with the Privacy Act.

Item 15 replaces the heading of section 695X of the OPGGS Act to reflect the amendments made by items 16 to 18 of the Schedule. The new heading is "Sharing offshore information or things with other agencies".

Item 16 amends subsection 695X(1) of the OPGGS Act to omit "The CEO" and substitute "Any of the persons referred to in subsection 695W(1)". This enable any of: the responsible Commonwealth Minister; the Secretary of the department; NOPSEMA; NOPTA; each member of a Joint Authority; and each member of a Cross-boundary Authority to make offshore information or a thing available to one or more of the agencies listed in subsection 695X(2) for the agency to use in the course of the exercise of the agency's powers, or the performance of the agency's functions, under or for the purposes of a law. This expansion ensures that each of the key regulatory and decision-making entities under the offshore petroleum and greenhouse gas storage regime can share information efficiently with relevant Commonwealth, state or territory agencies.

Item 17 inserts new paragraph (l) at the end of subsection 695X(2) of the OPGGS Act. Subsection 695X(2) lists agencies for subsection 695X(1), and new paragraph (l) refers to "any other agency of the Commonwealth." This ensures flexibility to respond to emerging operational needs by allowing offshore information to be shared with any Commonwealth agency, to use in accordance with subsection 695X(1). Subsection 695X(1) enables any of the persons mentioned in subsection 695W(1) to make available offshore information or a thing to one or more of the agencies mentioned in subsection (2). However, offshore information or a thing can only be used in the course of the exercise of the agency's powers, or the performance of the agency's functions, under or for the purposes of a law. Where the information includes personal information, section 695Y of the OPGGS Act continues to apply. This means that the person or agency sharing or using the information must take reasonable steps to ensure it is de-identified prior to disclosure or use.

Item 18 amends subsection 695X(3) to omit "CEO" and substitute it with "person who made the offshore information or thing available". This amendment is consequential to the amendment to subsection 695X(1), made by item 16 of the Schedule.

Item 19: see item 7.

Item 20 inserts new paragraph 712(2)(e) and new subsections 712(3) to (6).

Section 712 of the OPGGS Act restricts what NOPTA may do with documentary information (as defined in section 711) relating to petroleum in order to protect the confidentiality of that information.

The amendment introduces an additional exception to these restrictions, allowing NOPTA to make such information available for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

These additions ensure that relevant authorities can be provided with necessary information to respond effectively to urgent offshore events, including environmental emergencies.

Subsection 712(3) allows the Titles Administrator to impose conditions via written notice on the use or further disclosure of the information provided under paragraph 712(2)(e). Subsection 712(4) is included to assist the reader and provides that such a notice is not a legislative instrument. This notice is administrative and declaratory, and not legislative in character under subsection 8(4) of the Legislation Act.

Subsection 712(5) permits NOPTA to disclose documentary information to a Commonwealth agency or authority for the purposes of the administration of specified environmental and offshore infrastructure Acts. This ensures that disclosure powers support coordinated assessments and regulatory oversight of offshore operations, while maintaining appropriate confidentiality and administrative clarity. Subsection 712(6) imposes confidentiality obligations on the receiving agency or authority. Specifically, the information must not be made publicly known or disclosed to any other person, except to a Minister of the Commonwealth, a State, or the Northern Territory. These provisions do not affect the operation of section 719 of the OPGGS Act, which preserves Privacy Act obligations.

Item 21 inserts new paragraph 713(2)(e) and new subsections 713(3) to (6).

Section 713 restricts what NOPTA may do with petroleum mining samples (as defined in section 711) in order to protect the confidentiality of those samples.

The amendment introduces an additional exception to these restrictions, allowing NOPTA to make publicly known any details of the samples, or permit inspection of such samples, for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

These additions ensure that relevant authorities can access details of, or inspect, physical samples where necessary to respond effectively to urgent offshore events, including environmental emergencies.

Subsection 713(3) allows the Titles Administrator to impose conditions via written notice on the use or further inspection of the sample provided under paragraph 713(2)(e). Subsection 713(4) is included to assist the reader and provides that such a notice is not a legislative instrument. This notice is administrative and declaratory, and not legislative in character under subsection 8(4) of the Legislation Act.

Subsection 713(5) enables NOPTA to permit a Commonwealth agency or authority to inspect a sample for the purposes of the administration of specified environmental and offshore infrastructure Acts. This ensures that disclosure powers support coordinated assessments and regulatory oversight of offshore operations, while maintaining appropriate confidentiality and administrative clarity. Subsection 713(6) imposes confidentiality obligations on the agency or authority that is permitted to inspect the sample. Specifically, the agency or authority must not make publicly known any details of the sample or permit any other person to inspect the sample, except for a Minister of the Commonwealth, a State, or the Northern Territory.

These provisions do not affect the operation of section 719 of the OPGGS Act, which preserves Privacy Act obligations.

Item 22 inserts new paragraph 715(2)(e). Subsection 715(2) restricts what a recipient Minister (as defined in section 711) may do with documentary information (as defined in section 711) relating to petroleum made available to the recipient Minister under section 714, in order to protect the confidentiality of that information.

The amendment introduces an additional exception to these restrictions, allowing the recipient Minister to make such information available for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380,

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

These additions ensure that relevant authorities can be provided with necessary information to respond effectively to urgent offshore events, including environmental emergencies. New subsection 715(4) allows the relevant Minister to impose conditions via written notice on the use or further disclosure of the information provided under paragraph 715(2)(e) – see discussion at item 23 below.

This amendment does not affect the operation of section 719 of the OPGGS Act, which preserves the application of the Privacy Act and ensures that existing privacy obligations continue to apply to the handling of personal information under Part 7.3.

Item 23 inserts new paragraph 715(3)(e) and new subsections 715(4) and (5). Subsection 715(3) restricts what a second recipient Minister (as defined by that subsection) may do with documentary information (as defined in section 711) relating to petroleum made available to the second recipient Minister by a recipient Minister.

The amendment introduces an additional exception to these restrictions, allowing the second recipient Minister to make such information available for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

These additions ensure that relevant authorities can be provided with necessary information to respond effectively to urgent offshore events, including environmental emergencies.

Subsection 715(4) allows the relevant Minister to impose conditions via written notice on the use or further disclosure of the information provided under paragraph 715(2)(e) or (3)(e). Subsection 715(5) is included to assist the reader and provides that such a notice is not a legislative instrument. This notice is administrative and declaratory, and not legislative in character under subsection 8(4) of the Legislation Act.

These provisions do not affect the operation of section 719 of the OPGGS Act, which preserves Privacy Act obligations.

Item 24 inserts new paragraph 716(2)(e). Subsection 716(2) restricts what a recipient Minister (as defined in section 711) may do with petroleum mining samples (as defined in section 711) made available under section 714, in order to protect the confidentiality of those samples.

The amendment introduces an additional exception to these restrictions, allowing the recipient Minister to make publicly known details of the sample, or to permit a person to inspect the sample, for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

The amendment ensures that relevant authorities can access details of, or inspect, petroleum mining samples in order to respond effectively to urgent offshore events, including environmental emergencies.

New subsection 716(4) allows the relevant Minister to impose conditions via written notice on the use or further inspection of the sample provided under paragraph 716(2)(e) – see discussion at item 25 below.

This amendment does not affect the operation of section 719 of the OPGGS Act, which preserves the application of the Privacy Act and ensures that existing privacy obligations continue to apply to the handling of personal information under Part 7.3.

Item 25 inserts new paragraph 716(3)(e) and new subsections 716(4) and (5). Subsection 716(3) restricts what a second recipient Minister (as defined by that subsection) may do with petroleum mining samples (as defined by section 711) made available to the second recipient Minister by a recipient Minister, in order to protect the confidentiality of those samples.

The amendments introduce an additional exception to these restrictions, allowing the second recipient Minister to make publicly known details of the sample, or to permit a person to inspect the sample, for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

The amendment ensures that relevant authorities can access details of, or inspect, petroleum mining samples in order to respond effectively to urgent offshore events, including environmental emergencies.

Subsection 716(4) allows the Minister to impose conditions on use or further inspection of the sample via written notice. Subsection 716(5) is included to assist the reader and provides this notice is not a legislative instrument. This notice is administrative and declaratory, and not legislative in character under subsection 8(4) of the Legislation Act.

These provisions do not affect the operation of section 719 of the OPGGS Act, which preserves Privacy Act obligations.

Item 26: see item 7.

Item 27 inserts new paragraph 738(2)(e) and new subsections 738(3) to (6).

Section 738 restricts what the responsible Commonwealth Minister or NOPTA may do with documentary information (as defined by section 736) relating to greenhouse gas in order to protect the confidentiality of that information.

The amendment introduces an additional exception to these restrictions, allowing the responsible Commonwealth Minister or NOPTA to make the information available for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

These additions ensure that relevant authorities can be provided with necessary information to respond effectively to urgent offshore events, including environmental emergencies.

Subsection 738(3) allows the responsible Commonwealth Minister or the Titles Administrator to impose conditions via written notice on the use or further disclosure of the information provided under paragraph 738(2)(e). Subsection 738(4) is included to assist the reader and provides that such a notice is not a legislative instrument. This notice is administrative and declaratory, and not legislative in character under subsection 8(4) of the Legislation Act.

Subsection 738(5) permits the responsible Commonwealth Minister or NOPTA to disclose documentary information to a Commonwealth agency or authority for the purposes of the administration of specified environmental and offshore infrastructure Acts. This ensures that disclosure powers support coordinated assessments and regulatory oversight of offshore operations, while maintaining appropriate confidentiality and administrative clarity. Subsection 738(6) imposes confidentiality obligations on the receiving agency or authority. Specifically, the information must not be made publicly known or disclosed to any other person, except to a Minister of the Commonwealth, a State, or the Northern Territory.

These provisions do not affect the operation of section 742 of the OPGGS Act, which preserves Privacy Act obligations.

Item 28 inserts new paragraph 739(2)(e) and new subsections 739(3) to (6).

Section 739 restricts what the responsible Commonwealth Minister or NOPTA may do with an eligible sample (as defined by section 736) in order to protect the confidentiality of those samples. The amendment introduces an additional exception to these restrictions, allowing the responsible Commonwealth Minister or NOPTA to make publicly known details of a sample, or to permit a person to inspect the sample, for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

The amendment ensures that relevant authorities can access details of, or inspect, samples in order to respond effectively to urgent offshore events, including environmental emergencies.

Subsection 739(3) allows the responsible Commonwealth Minister or the Titles Administrator to impose conditions via written notice on the use or further inspection of the sample provided under paragraph 739(2)(e). Subsection 739(4) is included to assist the reader and provides that such a notice is not a legislative instrument. This notice is administrative and declaratory, and not legislative in character under subsection 8(4) of the Legislation Act.

Subsection 739(5) enables the responsible Commonwealth Minister or NOPTA to permit a Commonwealth agency or authority to inspect a sample for the purposes of the administration of specified environmental and offshore infrastructure Acts. This ensures that disclosure powers support coordinated assessments and regulatory oversight of offshore operations, while maintaining appropriate confidentiality and administrative clarity. Subsection 739(6) imposes confidentiality obligations on the agency or authority that is permitted to inspect the sample. Specifically, the agency or authority must not make publicly known any details of the sample or permit any other person to inspect the sample, except for a Minister of the Commonwealth, a State, or the Northern Territory.

These provisions do not affect the operation of section 742 of the OPGGS Act, which preserves Privacy Act obligations.

Item 29 inserts new paragraph 740A(2)(e). Subsection 740A(2) restricts what a recipient Minister (as defined in section 736) may do with documentary information (also defined in section 736) relating to greenhouse gas made available to the recipient Minister under section 740, in order to protect the confidentiality of that information.

The amendment introduces an additional exception to these restrictions, allowing the recipient Minister to make the information available for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

These additions ensure that relevant authorities can be provided with necessary information to respond effectively to urgent offshore events, including environmental emergencies.

New subsection 740A(4) allows the relevant Minister to impose conditions via written notice on the use or further disclosure of the information provided under paragraph 740A(2)(e) – see discussion at item 30 below.

This amendment does not affect the operation of section 742 of the OPGGS Act, which preserves the application of the Privacy Act and ensures that existing privacy obligations continue to apply to the handling of personal information under Part 8.3.

Item 30 inserts new paragraph 740A(3)(e) and new subsections 740A(4) and (5). Subsection 740A(3) restricts what a second recipient Minister (as defined by that subsection) may do with documentary information (as defined in section 736) relating to greenhouse gas made available to the second recipient Minister by a recipient Minister.

The amendment introduces an additional exception to these restrictions, allowing the second recipient Minister to make the information available for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

These additions ensure that relevant authorities can be provided with necessary information to respond effectively to urgent offshore events, including environmental emergencies.

Subsection 740A(4) allows the relevant Minister to impose conditions via written notice on the use or further disclosure of the information provided under paragraph 740A(2)(e) or (3)(e). Subsection 740A(5) is included to assist the reader and provides that such a notice is not a legislative instrument. This notice is administrative and declaratory, and not legislative in character under subsection 8(4) of the Legislation Act.

These provisions do not affect the operation of section 742 of the OPGGS Act, which preserves Privacy Act obligations.

Item 31 inserts new paragraph 740B(2)(e). Subsection 740B(2) restricts what a recipient Minister (as defined in section 736) may do with eligible samples (also defined in section 736) made available under section 740, in order to protect the confidentiality of those samples.

The amendment introduces an additional exception to these restrictions, allowing the recipient Minister to make publicly known details of a sample, or to permit a person to inspect the sample, for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

The amendment ensures that relevant authorities can access details of, or inspect, samples in order to respond effectively to urgent offshore events, including environmental emergencies.

New subsection 740B(4) allows the relevant Minister to impose conditions via written notice on the use or further inspection of the sample provided under paragraph 740B(2)(e) – see discussion at item 27 below.

This amendment does not affect the operation of section 742 of the OPGGS Act, which preserves the application of the Privacy Act and ensures that existing privacy obligations continue to apply to the handling of personal information under Part 8.3.

Item 32 inserts new paragraph 740B(3)(e) and new subsections 740B(4) and (5). Subsection 740B(3) restricts what a second recipient Minister (as defined by that subsection) may do with eligible samples (as defined by section 736) made available to the second recipient Minister by a recipient Minister, in order to protect the confidentiality of those samples.

The amendment introduces an additional exception to these restrictions, allowing the second recipient Minister to make publicly known details of a sample, or to permit a person to inspect the sample, for the purposes of coordinating the management of, or responding to:

•

a serious situation relating to a specified greenhouse gas storage formation in relation to which the responsible Commonwealth Minister has given a direction under section 380

•

a significant offshore petroleum incident in relation to which NOPSEMA has given a direction under section 576B, or

•

a declared oil pollution emergency.

The amendment ensures that relevant authorities can access details of, or inspect, samples in order to respond effectively to urgent offshore events, including environmental emergencies.

Subsection 740B(4) allows the relevant Minister to impose conditions via written notice on the use or further inspection of the sample that a person is permitted to inspect under paragraph 740B(2)(e) or (3)(e). Subsection 740B(5) is included to assist the reader and provides that such a notice is not a legislative instrument. This notice is administrative and declaratory, and not legislative in character under subsection 8(4) of the Legislation Act.

These provisions do not affect the operation of section 742 of the OPGGS Act, which preserves Privacy Act obligations.

Division 2—Application provisions

Item 33 provides that the amendments made by Part 3 of Schedule 3 apply in relation to information, a sample or other thing obtained before, on or after the commencement of the Schedule.

The amendments streamline engagement with relevant agencies and improve the utility of existing data. This may include information that has been partly or wholly collected before commencement. Therefore, while the application provision will pick up information already provided at the time of commencement of the amendments, it will enable an effective and efficient response in the event of a serious situation, incident or emergency as outlined in the amendments, while also simplifying dealings with government.

The amendments also include limits on the use or further sharing of that information to ensure that a person who provided information before commencement will not be disadvantaged by the sharing of that information for particular purposes.

Item 34 provides the Governor-General with the power to make regulations prescribing matters of a transitional nature relating to the amendments made by this Schedule.

Schedule 4 – Amendments to increase government efficiency and improve productivity

Part 1 – Increasing efficiency of the Australian Communications and Media Authority

Division 1 - Delegations relating to notices

Australian Communications and Media Authority Act 2005

Part 1 of Schedule 4 to the Bill will make amendments to the Australian Communications and Media Authority Act 2005 (ACMA Act) to modernise the Australian Communications and Media Authority's (ACMA) ability to make delegations under its legislation and ensure that its decision-making capacity is not restrained by unnecessary regulation. These amendments are intended to enhance the efficiency of government processes by ensuring minor and administrative decisions and changes to legislative instruments can be made efficiently and in a timely manner.

These amendments will make the ACMA's decision making more efficient and deliver more timely outcomes for businesses which rely on the ACMA to undertake their broadcasting operations.

Division 1 or Part 1 of Schedule 4 amends the ACMA Act to extend the ACMA's power to delegate the power to issue, or extend time to comply with, a statutory notice under the Broadcasting Services Act 1992 (Broadcasting Services Act).

Division 2 of Part 1 of Schedule 4 allows the ACMA to delegate its power to make legislative instruments under the legislation it administers. This delegation can only be made to members of the ACMA or senior officers and is limited to the purpose of carrying into effect a policy or decision of the ACMA.

Item 1 repeals paragraph 53(2)(k) of the (ACMA Act). This provision prevents the delegation of the power to issue, or extend the time for compliance with, a notice.

Subsection 53(2) contains a range of specific limits on the ability of the ACMA to delegate, under section 51, particular powers and functions conferred on the ACMA by the Broadcasting Services Act. This has the effect that the ACMA does not have a power to delegate to its individual members or its staff various functions and powers under the Broadcasting Services Act.

Removal of the restriction on the ability of the ACMA to delegate powers with respect to notices, as outlined above, will prevent unnecessary delay in investigations, which has the potential to impede investigation outcomes.

There are occasions where the ACMA has wished to issue a notice, for example, to produce documents under paragraph 173(b) of the Broadcasting Services Act or section 22 of the Interactive Gambling Act 2001. This has required a meeting of ACMA members, irrespective of the complexity or sensitivity of the information required to issue the notice. Similarly, extending the time for compliance with the notice, even where that occurred in accordance with the reasonable request of the recipient, requires a full meeting of ACMA members to grant. This results in all notices under the Broadcasting Services Act, regardless of their complexity, being issued through a disproportionately involved process, which can cause delay in the ACMA's investigative and regulatory activities.

There are also occasions when the ACMA has wished to renew or transfer a community broadcasting licence, under section 91 of the Broadcasting Services Act. Such actions have required a meeting of ACMA members. Since there are, at the time of drafting, 361 community broadcasting licences and 90 temporary community broadcasting licences on issue, the restriction on delegations created by paragraph 53(2)(k) has the potential to cause significant regulatory inefficiency.

It is the ACMA's intention that the power to issue, and extend the time for compliance with, notices be delegated to persons who are ACMA members, Senior Executive Service (SES) officers and Executive Level 2 (EL2) officers. Persons of that seniority and status have the expertise, experience and knowledge necessary to exercise compulsory notice powers appropriately, as well as being subject to the ethical and other duties imposed by the Public Service Act, including the Public Service Code of Conduct.

Delegations by the ACMA are also subject to a risk management framework and other internal policies and procedures designed to ensure that delegated decisions are made at an appropriate level by persons having the necessary skills and experience. Delegating powers and functions to EL2 officers is consistent with other legislation and the Australian Administrative Law Guide which recognises that it may be appropriate for such officers to make decisions of this kind. EL2 officers within the ACMA have the necessary seniority, experience and expertise to exercise the power. Those officers have the day-to-day responsibility for the administration of the Broadcasting Services Act and the matters which would be the subject of such notices.

The ACMA has internal policies and procedures to guide proper and lawful decision-making by officers and to ensure that decisions relating to significant or sensitive matters are only made by persons of a higher classification or level (such as SES employees or ACMA members). SES employees and ACMA members will also have visibility of decisions to issue notices as proposals to issue such notices will generally be considered in the context of an investigation or regulatory program discussed at subject matter meetings which they attend.

The repeal of paragraph 53(2)(k) will promote consistency in the exercise of this power under the Broadcasting Services Act, and consistency with the other statutes administered by the ACMA, which supports modern efficient regulatory and investigative practices. The preservation of the remaining paragraphs under subsection 53(2) retains the delegation restrictions to matters of substance.

Division 2 - Delegations relating to instruments

Australian Communications and Media Authority Act 2005

Item 2 amends section 51 of the ACMA Act to insert "(1)" before "Subject", and to make this new subsection 51(1) subject to new subsection (2). This is a consequential amendment, as a result of the change in item 3.

Item 3 inserts new subsection 51(2) to the ACMA Act. Subsection 51(21) allows the ACMA, by writing, to delegate any or all of its functions or powers to:

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a member of the ACMA;

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an associate member of the ACMA, if the delegated function or power relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the associate member's instrument of appointment;

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a member of the ACMA staff;

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a person whose services are made available to the ACMA under subsection 55(1) of the ACMA Act.

New subsection 51(2) limits the ACMA's ability to delegate a power to make, vary or revoke a legislative instrument to a person, to where:

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the delegation is only for the purposes of one or both of the following:

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giving effect to a policy or a decision of the ACMA;

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making editorial changes to a legislative instrument, of the kinds referred to in subsection 15X(2) of the Legislation Act; and

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if the delegation is for the purposes of giving effect to a policy or decision of the ACMA – having regard to what would be required, necessary or convenient to give effect to the policy or decision, the ACMA is satisfied that it is appropriate for the delegate to exercise the power; and

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the person is a member of the ACMA, an SES employee or an acting SES employee, or a person holding, or performing the duties of, an office or position that is at a level equivalent to that of an SES employee.

The effect of new subsection 51(2), along with the amendments made by items 5 and 6 below, is to allow the ACMA to delegate to senior officials within the ACMA the power to make, vary or revoke legislative instruments in limited and specific circumstances. Currently, subsection 53(1) of the ACMA Act imposes the restriction that the ACMA cannot delegate the power to make legislative instruments. This applies to all the ACMA's legislative instruments, regardless of their nature and complexity.

The ACMA is responsible for the regulation of broadcasting, radiocommunications, telecommunications and some online content, in accordance with four principal Acts:

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the Broadcasting Services Act,

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the Radiocommunications Act 1992 (Radiocommunications Act),

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the Telecommunications Act 1997, and

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the Telecommunications (Consumer Protection and Service Standards) Act 1999.

It also has functions and powers conferred on it by a range of other legislation, including the Do Not Call Register Act 2006 and the Interactive Gambling Act 2001. These Acts confer on the ACMA the power to make a broad range of legislative instruments.

The breadth of legislative instruments the ACMA makes under this legislation means they vary substantially in significance, effect and complexity. Some policies and decisions may require substantial technical knowledge. Some policies and decisions may require implementation through a series of legislative instruments made at different times that range from setting an overarching framework through to highly technical implementation requirements. As a result of current subsection 53(1), making, varying or repealing these instruments requires a meeting of ACMA members. This can be a lengthy process, particularly where it is necessary to make multiple instruments over an extended period, and can be disproportionate to the nature of instruments that are technical or mechanical in effect.

For example, the decision to roll out digital radio services to a particular area will involve the making of several instruments, which will be of varying complexity and significance. It is intended that, as a result of the amendments in Items 2-7, a meeting of the ACMA would remain responsible for directly making those instruments that determine the policy or decision. An example is a digital radio channel plan prepared under section 44A of the Radiocommunications Act. The decision to make a digital radio channel plan is significant as it sets the regulatory parameters for the roll out of digital radio in a particular area.

A range of other legislative instruments are then necessary to give effect to the technical detail of this decision, including for example, preparation of an implementation plan for the transmission of digital radio services under subsection 109B(2) of the Radiocommunications Act, which would set-out the technical framework and timing for the implementation of the decision to roll out digital radio. The intention of the amendments in Items 2-7 is that the ACMA would be able to delegate these kinds of legislative instruments that give effect to the ACMA's policy or decision relating to the digital radio channel plan and provide for the technical detail of its implementation.

Many of the legislative instruments made by the ACMA require substantial consideration of, and updates to, the technical components of a decision or policy. For example, the Radiocommunications Licence Conditions (Area Wide Licence) Determination 2020 sets out the conditions for each radiocommunications area wide licence. Clause 15 of Schedule 1 to the instrument places limits on licensees unwanted radio emissions while operating particular radiocommunications transmitters. These limits are set out in Tables 6-14 of Schedule 1 to the instrument and contain information to licensees about the total radiated power limits in a transmitter operator frequency range and specified bandwidth. However, as a result of changes to technology or use of technology, they may require minor updates, based on technical advice from radiocommunications engineers.

Delegation of these updates to individual members or senior ACMA staff will give flexibility to ensure technical components can be adjusted at short notice to meet industry and technological demands, without affecting the overall policy or direction set by the ACMA.

The ACMA also regularly needs to make editorial amendments to legislative instruments. These include updates to, or removal of, cross-references due to the regular sunsetting of instruments under Part 3 of Chapter 4 of the Legislation Act, and the correction of spelling and other errors. Allowing the ACMA to delegate the making of these minor changes to instruments to individual members and senior ACMA staff will ensure that these instruments remain up to date, without affecting the overall policy or direction set by the ACMA.

The delegates of this power may only be individual members of the ACMA, who are statutory appointments, or SES level staff of the ACMA. That is, only people of high seniority and demonstrated capabilities will be able to be delegated the powers to make legislative instruments in appropriate circumstances.

New subparagraph 51(2)(c)(iii) allows the power to be delegated to persons holding or performing the duties of a position equivalent to SES. Section 55 of the ACMA Act allows for another authority's officers or employees to be made available to the ACMA. Accordingly, new subparagraph 51 (2)(c)(iii) allows those persons from other authorities that may be performing duties of a position equivalent to SES, to act on these delegations.

Further, where the power to be delegated is for the purposes of giving effect to a policy or a decision of the ACMA, the ACMA must first be satisfied that it is appropriate for the delegate to exercise the power, having regard to what would be required, necessary or convenient to give effect to the policy or decision. This ensures that, where a delegation is given, it is only to specified persons who have significant knowledge, expertise and experience in the subject-matter of the power to be delegated.

The normal requirements of the power to make a legislative instrument, and of the Legislation Act, will continue to apply to the delegate, and the ACMA will continue to be responsible for the instrument and for the actions of the delegate. The ACMA will continue to have oversight over the use of the delegation, through the application of its internal risk management framework and quarterly reporting of delegations that staff utilise in their work. These internal policies and processes mean that decisions are being made at an appropriate level, are made consistently with internal delegations guidance and are appropriately oversighted by the ACMA. Where the ACMA identifies that the delegation has been improperly administered, it will take the necessary steps to remake, vary or amend the instrument so it correctly reflects the ACMA's decision or intention.

Some legislative instrument making powers are also subject to Ministerial direction, and will continue to be so. Disallowable legislative instruments will continue to be subject to the disallowance provisions in the Legislation Act, and the sunsetting provisions of that Act will continue to apply.

Item 4 amends subsection 52(1) of the ACMA Act to provide that it is subject to new subsection 52(1A). This is a consequential amendment, as a result of the change in item 5.

Item 5 inserts new subsection 52(1A) to the ACMA Act. Division 3 of Part 4 of the ACMA Act allows the ACMA to establish 'Divisions', constituting at least 3 members of the ACMA, that may deal with particular matters for which the ACMA is responsible. Section 50 of the ACMA Act allows the ACMA to delegate to a Division of the ACMA any or all of the ACMA's functions or powers, so far as they relate to the kinds of matters the Division can deal with. Subsection 52(1) allows a Division to delegate its functions or powers to:

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a member of the ACMA;

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an associate member of the ACMA, if the delegated function or power relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the associate member's instrument of appointment;

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a member of the ACMA staff;

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a person whose services are made available to the ACMA under subsection 55(1) of the ACMA Act.

New subsection 52(1A) imposes the same limitation on this delegation power ais imposed by new subsection 51(2), inserted by item 3.

Item 6 repeals subsection 53(1) of the ACMA Act, which prevented the delegation of any powers to make, vary or revoke legislative instruments.

Item 7 repeals and replaces subsection 53(3) of the ACMA Act. Subsection 53(2) imposes a range of specific limits on the ability to delegate particular powers and functions conferred on the ACMA by the Broadcasting Services Act. Subsection 53(3) provided that subsection 53(2) did not limit the generality of the limitation in repealed subsection 53(1). New subsection 53(3) provides that subsection 53(2) does not limit the generality of the limitations in new subsections 51(2) (inserted by item 3) and 52(1A) (inserted by item 5).

Part 2 – Promoting consistent delegation powers for Woomera Prohibited Area

Defence Act 1903

Item 8 - inserts the Secretary as someone to whom the Minister can delegate their powers under subsection 72TF(1) and paragraph 72TJ(1)(b) of the Defence Act 1903 (Defence Act).

Section 72TF provides that the Minister may, on request, give written permission for a person to be at a place in the Woomera Prohibited Area (WPA).

Currently, the Minister cannot delegate this power to the Secretary of Defence, however the same power can be delegated to an APS employee who holds or performs the duties of an APS 6 position, or an equivalent or higher position, in the Department. This amendment corrects this anomaly, by providing that this power can also be delegated to the Secretary.

Paragraph 72TJ(1)(b) provides that the Minister may direct a person to do, or not to do, one or more specified acts or things in relation to the WPA if the Minister considers it necessary to protect human life. Currently, the Minister cannot delegate this power to the Secretary of Defence, however the same power can be delegated to an APS employee who holds or performs the duties of an EL2 position, or an equivalent or higher position, in the Department. This amendment corrects this anomaly, by providing that this power can also be delegated to the Secretary.

Item 9 inserts the Secretary as someone to whom the Minister can delegate their power under section 72TM of the Defence Act.

This would allow the Minister, in writing, to delegate their power under section 72TM to review the following decisions to the Secretary:

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a decision under section 72TF to give, or not to give, written permission for a person to be at a place in the Woomera Prohibited Area;

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a decision to give a direction under paragraph 72TJ(1)(b) (direction to protect human life).

The Minister is currently able to delegate their power under section 72TM of the Defence Act to an APS employee who holds or performs the duties of an SES Band 2 position, or an equivalent or higher position in the Department.

Including the Secretary as someone to whom the Minister can also delegate their powers would support more efficient regulatory administration of the WPA. Additionally, it would provide a delegate of more appropriate seniority for internal reviews of some decisions, ensuring a more accurate and timely review process.

Part 3 – Repealing redundant legislation

Cockatoo and Schnapper Islands Act 1949

Item 10 repeals the whole of the Cockatoo and Schnapper Islands Act 1949 (Cockatoo and Schnapper Islands Act). The Department of Defence is responsible for the administration of this Act, which vests the title and rights to Cockatoo Island and Snapper Island in the Commonwealth. Cockatoo Island was vested by Defence to the Sydney Harbour Federation Trust in 2001 under the Sydney Harbour Federation Trust Act 2001. Defence transferred Snapper Island to the Department of Finance in the 1980s.

As the Cockatoo and Schnapper Islands Act is redundant, it is suitable for repeal.

Early Years Quality Fund Special Account Act 2013

Item 11 repeals the whole Early Years Quality Fund Special Account Act 2013 (EYQF Act), commencing the day after royal assent. The EYQF Act is a redundant Act for a redundant appropriation mechanism. The program formerly funded through the EYQF Act and special account ceased in 2014 with no payments occurring beyond 30 June 2016.

The repeal of the EYQF Act would return the notional balance of $42.1 million to the general consolidated revenue fund.

Part 4 – Ensuring NBN Co mapping data can continue to be made publicly available

National Broadband Network Companies Act 2011

Item 12 repeals the heading "National Map website" in Subsection 98B(7) of the National Broadband Network Companies Act 2011 (NBN Companies Act) and substitutes with Publication of mapping data. This amendment removes references to the National Map website that has been decommissioned as at 30 June 2025.

Item 13 amends Subsection 98B(7) of the NBN Companies Act to omit "made available on the National Map website (https://nationalmap.gov.au)" and substitute it with "published electronically". This removes an obligation that can no longer be fulfilled with the closure of the National Maps Website.

Item 14 inserts a note at the end of Subsection 98B(7) of the NBN Companies Act to alert the reader to where the data could be found in 2025.

Item 15 amends Subsection 98B(7A) of the NBN Companies Act to omit "made available on the National Map website (https://nationalmap.gov.au)" and substitute it with "published electronically". This removes an obligation that can no longer be fulfilled with the closure of the National Maps Website.

Item 16 inserts a note at the end of Subsection 98B(7A) of the NBN Companies Act to alert the reader to where the data could be found in 2025.

Part 5 – Improving fuel security

Division 1 – Temporary reduction power

Fuel Security Act 2021

Item 17 amends the outline in section 6 of the Fuel Security Act 2021 (Fuel Security Act), which establishes the Minimum Stockholding Obligation. The amendment reflects that the Minister is empowered to reduce the obligation to hold stocks, in some circumstances.

Item 18 amends the heading of subsection 13(2) to reflect that the obligation to hold a certain quantity of stocks is to be assumed, can be divided and, as a result of the amendments in this Part, may be reduced.

Item 19 amends subsection 13(2) to reflect that the obligation to hold a certain quantity of stocks under section 13(1) can be altered by in instrument made under section 16A (inserted by this Part).

Item 20 inserts a note at the end of subsection 13(2). Subsection 13(2) clarifies that the quantity of stock which is designated by subsection 13(1) can be increased or decreased by action taken under section 16A or section 37. The Note directs attention to section 16A(4), which specifies how a temporary reduction by the Minister under section 16A interacts with a decision by the Secretary to grant a temporary reduction application.

Item 21 inserts section 16A which empowers the Minister to reduce the quantity of stock that must be held on days to which the Minimum Stockholding Obligation applies.

The Minimum Stockholding Obligation establishes a national level obligation for the fuel industry (generally, importers and refiners) to hold a minimum quantity of key transport fuels (i.e. gasoline, diesel and kerosene). While the Act includes provisions (see e.g. section 27) which enable the Minister to suspend the obligation entirely for a product for all entities throughout Australia (where necessary to prevent or alleviate disruption or likely disruption to supply of the product), a temporary reduction power is a more targeted mechanism to respond flexibly to the circumstances of a supply disruption.

The proposed amendment would provide an early and targeted response mechanism to help the Commonwealth Government prevent or respond to a disruption to national or global supply of liquid fuel.

The existing power in section 18 of the Act for the Secretary to temporarily reduce an entity's obligation for a product is not suitable for responding to a national or global supply disruption, as it is aimed at responding to circumstances of individual entities and is triggered by application from an entity.

Subsection 16A(3A) has the effect that the amendments proposed by item 21 would not allow the Minister to approve the period of reduction that exceeds 6 months. This subsection would allow the Minister to make reductions for the Minimum Stockholding Product for the entity for additional periods not exceeding 6 months each.

Subsection 16(4) clarifies that, where the Secretary has temporarily reduced stocks under section 18 and the Minister has reduced the obligation under section 16A, the decision which would require the lowest quantity of stock to be held will prevail.

Subsection 16(5) and (6) require the Minister to consult with Energy Ministers.

The Minister could make a decision:

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of their own motion (i.e. no requirement for an application for temporary reduction from industry) after other Energy Ministers have been informed of the proposed temporary reduction (see similar provision under s28(b) of the Fuel Security (Minimum Stockholding Obligation) Rules); or

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following consideration of a request for temporary reduction made by an Energy Minister (see similar provision under s27(4) of the Fuel Security Act) and is satisfied that it is appropriate to temporarily reduce stocks.

The Minister could exercise the power in relation to a specific entity or class of entities.

Division 2 - Meaning of covered product

Petroleum and Other Fuels Reporting Act 2017

Item 22 amends the definition of "covered product" in subsection 5(1) of the Petroleum and Other Fuels Reporting Act 2017 (Petroleum and other Fuels Reporting Act) to insert two new product types, diesel exhaust fluid and technical grade urea.

This amendment expands the range of fuel-related products that are subject to mandatory reporting obligations under the Petroleum and other Fuels Reporting Act. The inclusion of these products will ensure the Government is better able to monitor supply chain risks and manage fuel security in the event of a supply disruption. Technical grade urea is used to produce diesel exhaust fluid, which is a fuel additive that reduces harmful nitrogen oxide emissions from diesel engines fitted with selective catalytic conversion systems. This amendment will enhance market transparency of these products through industry reporting.

Item 23 inserts a transitional provision clarifying that references to "covered products" in any legislative instrument made under the Petroleum and other Fuels Reporting Act before commencement of this part are now to be read as including diesel exhaust fluid and technical grade urea. This ensures continuity in the interpretation and application of existing rules without creating retrospective amendments or obligations.

Division 3 – Information gathering powers

Petroleum and Other Fuels Reporting Act 2017

Item 24 amends paragraph 3(a) to substitute "or preparation for" with "preparation for, or management of". This amendment clarifies that the object of the Petroleum and other Fuels Reporting Act extends to the management of fuel supply disruptions, not only preparation for such events. This broadens the scope of the Petroleum and other Fuels Reporting Act to support more proactive and responsive fuel security measures.

Item 25 amends the heading of Part 2 to include "and information gathering powers". This reflects the inclusion of new powers for the Secretary to request information or documents in circumstances where a fuel supply disruption significantly affects the fuel market.

Item 26 inserts new Division 1 – Introduction before section 10. This is a structural amendment to facilitate the addition of new Divisions within Part 2, improving the readability of the Petroleum and other Fuels Reporting Act.

Item 27 adds a new paragraph to the end of section 10 to clarify that the Secretary may request information or documents relating to Australia's market for covered products in the event of a fuel supply disruption that significantly impacts the fuel market. This provision ensures that relevant data can be gathered promptly during such events.

Item 28 inserts a new Division 2 – Reports of fuel information before section 11, as a structural amendment to reorganise the existing provisions in Part 2.

Item 29 adds new Division 3 – Information gathering powers at the end of Part 2. This Division introduces a new section 13E, which would empower the Secretary to require regulated entities to provide information or documents relating to Australia's market for covered products, where the Secretary reasonably believes that a disruption to fuel supply is significantly impacting the fuel market. Subsection (3) provides a non-exhaustive list of the kinds of information or documents which may be requested by the Secretary. Section 13E(3)(a), (b) and (c) contemplates that the Secretary could request information relating to supply, demand and stock levels of a product within the Australian market. This includes the regulated entity's orders for any upcoming supply of the product to the market, and the regulated entity's orders for any upcoming demand for the product by customers.

The Secretary can, pursuant to subsection (4), specify no less than 5 business days for the giving of information or production of documents specified in the notice. This minimum period reflects the potential urgency of responding to supply disruptions. This period is a departure from the guidance in the Commonwealth Guide to Framing Offences, that a person should be allowed at least 14 days to comply with a notice. This standard reflects that a corporation exists in the context of the pressure of running a business and that responding to a notice may require examination of a large quantity of records, accounting for contingencies such as ill-health, or seeking legal or business advice.

The context in which information would be sought by the Secretary is where there is a disruption to Australia's fuel supply which has either had or is likely to have a significant impact on Australia's fuel market i.e. the power would only be used infrequently, in an emergency situation.

In the event of a disruption to Australia's fuel supply, it is important for the Department to have the ability to receive data within a week so that the risk can be appropriately monitored and managed. Providing for a 14-day minimum compliance period is considered insufficient given the import-dependent nature of the Australian fuel market and the potential large-scale impact of a fuel supply disruption on the Australian economy.

The information that would be required, even if requested in the minimum 5-business days, is not considered likely to impose a significant burden on an entity that is used to regular, timely reporting under the Petroleum and other Fuels Reporting Act. It is inherently linked to the entity's primary business. The Department employs processes which protect commercial sensitivity.

The 5-business day period is a minimum and would only be specified when the severity of the situation requires it.

Section 13F clarifies the additional constitutional bases for section 13E, including the census and statistics power and the external affairs power. These provisions ensure that the section operates effectively in different constitutional contexts.

Section 13G establishes a civil penalty for non-compliance with a notice under section 13E, in line with the Commonwealth Guide to Framing Offences.

It creates a statutory defence for persons who have a reasonable excuse for failing to comply. Subsection (3) provides for a continuing contravention in the event an entity continues to fail to comply with a notice. In that case, an offence is committed for every day the information required by the notice is not provided, by virtue of the application of section 93 of the Regulatory Powers (Standard Provisions) Act 2014 (continuing contraventions of civil penalty provisions). After the first instance of noncompliance, a daily penalty of 10% of the maximum civil penalty will apply for each subsequent day that the information or documents requested in the notice is not provided.

The maximum penalty for contravention of this civil penalty provision would be 250 penalty units. This maximum civil penalty is intended to be proportionate to the harm that is likely to result should a person fail to provide the required information or documents. It is necessary to ensure that information critical to Australia's liquid fuel supply is provided promptly and that there is public confidence in the administration of the Petroleum and other Fuels Reporting Act. The maximum civil penalty amount would also provide for sufficient deterrence against any potential non-compliance with the information-provision requirements. It would also provide the Court with the necessary scope to apply penalties that appropriately reflect the circumstances of any non-compliance. The amount aligns with similar provisions. For example, section 12B of the Fuel Quality Standards Act 2000 prescribes 300 penalty units for bodies corporate that supply fuel that does not comply with the fuel quality information standard. Similarly, this provision captures regulated entities which are corporate entities.

Section 13H provides for a civil penalty where a person gives false or misleading information or documents in response to a notice under section 13E, in line with the Commonwealth Guide to Framing Offences.

It creates a statutory defence for persons who have a reasonable excuse for providing false or misleading information or documents.

The maximum penalty for contravention of this civil penalty provision would be 300 penalty units. This maximum civil penalty is intended to be proportionate to the harm that is likely to result should a person provide false or misleading information or documents. It is necessary to ensure that accurate information, critical to Australia's liquid fuel supply, is provided and that there is public confidence in the administration of the Petroleum and other Fuels Reporting Act. The maximum civil penalty amount would also provide for sufficient deterrence against any potential non-compliance with the information-provision requirements. It would also provide the Court with the necessary scope to apply penalties that appropriately reflect the circumstances of any non-compliance. The amount aligns with similar provisions. For example, section 12B of the Fuel Quality Standards Act 2000 prescribes 300 penalty units for bodies corporate that supply fuel that does not comply with the fuel quality information standard. Similarly, this provision captures regulated entities which are corporate entities.

Item 30 amends section 32 to include a reference to the new requirement in section 13E to give information or produce documents, clarifying that civil penalty orders may be sought in relation to this requirement.

Item 31 also amends section 32 to include section 13E in the list of provisions under which an infringement notice may be given, supporting enforcement of the new information-gathering powers.

Item 32 inserts paragraph 39(1)(cb), to provide that the Secretary can delegate their functions or powers under proposed section 13E, about requiring information or documents.

Division 4 - Consequential amendments

Liquid Fuel Emergency Act 1984

The amendments in this division make consequential amendments to the Liquid Fuel Emergency Act 1984 (LFE Act).

Item 33 amends the definition of 'civil penalty provision' to remove the references to subsections 14(6), 14(7), 14A(6), and 14A(7). This amendment is consequential to the repeal of sections 14 and 14A of the LFE Act because the sections will no longer exist and will therefore not prescribe civil penalties.

Item 34 amends the definition of 'offence against this Act' to remove the references to subsections 14(8), 14(9), 14A(8) and 14A(9). This amendment is consequential to the repeal of sections 14 and 14A of the LFE Act because the sections will no longer exist and will therefore not constitute offences under the Act.

Item 35 repeals section 14, 14A and 14B of the LFE Act. These provisions will be replaced by the proposed information collection power inserted into the Petroleum and Other Fuels Reporting Act by item 29.

Section 14 enabled the Minister to direct relevant fuel industry corporations and relevant persons to maintain specified statistical information relating to liquid fuels in their possession or under their control. A breach of a direction under sub-section 14(1) could attract a pecuniary penalty under Section 34 of the Act. A breach of a direction which knowingly involved the maintenance of false and misleading statistical information could attract a criminal penalty under section 14.

Section 14A enabled the Minister to direct a relevant fuel industry corporation or a relevant person to make available the statistics being kept as a result of a direction under Section 14.

Section 14B set out the way in which an offence against Section 14 or 14A was to be prosecuted.

By consolidating the powers to gather fuel-related information into one Act, the management of fuel information is modernised and streamlined.

Item 36 amends paragraph 34(1B)(c) to remove the references to subsections 14(6), 14(7), 14A(6) and 14A(7). This amendment is consequential to the repeal of sections 14 and 14A of the LFE Act because the sections will no longer exist and therefore no maximum pecuniary penalties should be prescribed.

Item 37 amends paragraph 49(1)(a) to remove the references to section 14(4) and 14A(4). This amendment is consequential to the repeal of sections 14 and 14A of the LFE Act because the sections will no longer exist and will therefore not need to be referenced in a paragraph making provision for delegation by the Minister.

Item 38 repeals paragraph 49(1)(c). This amendment is consequential to the repeal of sections 14, 14A and 14B of the LFE Act because sections 14 and 14A will no longer exist and will therefore not need to be referenced in a paragraph making provision for delegation by the Minister.

Part 6 – Improving energy performance

Greenhouse and Energy Minimum Standards Act 2012

Item 39 amends the objects of the Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) to insert a new object. The amendment modernises the GEMS Act to ensure it remains fit-for-purpose and promotes improved energy performance to generate benefits for Australian households and businesses.

Since the commencement of the GEMS Act, there has been a significant transition in the energy sector to renewable energy sources. The new object addresses the importance of demand flexibility in products to support the electricity grid. In addition to energy efficiency, it accommodates consideration of energy performance.

Part 7 – Ensuring consistency across social security benefits

Division 1 – Rounding rule for rent assistance

Social Security Act 1991

Item 40 amends subsection 1070L(2) to insert "rounded to the nearest cent (rounding 0.5 cents upwards)" after "two-thirds of rate B". This is a minor amendment to clarify that the amount calculated in 1070L(2) for recipients of carer payment and certain age and disability support pensions is to be rounded to the nearest cent.

Item 41 amends subsection 1070M(2) to insert "rounded to the nearest cent (rounding 0.5 cents upwards)" after "two-thirds of rate B". This is a minor amendment to clarify that the amount calculated in 1070M(2) for recipients of certain parenting payments is to be rounded to the nearest cent.

Item 42 amends subsection 1070Q(2) to insert "rounded to the nearest cent (rounding 0.5 cents upwards)" after "two-thirds of rate B". This is a minor amendment to clarify that the amount calculated in 1070Q(2) for recipients of youth allowance, austudy payment and jobseeker payment is to be rounded to the nearest cent.

Division 2 – CPI methodology for Veteran's Affairs Legislation

Military Rehabilitation and Compensation Act 2004

Item 43 repeals the formula in Subsection 404(3) of the Military Rehabilitation and Compensation Act 2004 (Military Rehabilitation and Compensation Act) and substitutes a new formula.

Item 44 inserts a new subsection 5B after subsection 404(5A) of the Military Rehabilitation and Compensation Act. This amendment clarifies the year of the base quarter used to determine the Indexation Factor must be no earlier than 2024.

Veterans' Entitlements Act 1986

Item 45 makes changes to various table items listed under Column 5 of the CPI Indexation Table, provided under subsection 59B(1), which stipulates the relevant base quarter to use for the indexation methodology of certain parameters. This item removes references to the "most recent" quarter and substitutes them with references to the "previous highest" quarter.

The changes to the table items under Column 5 of the CPI Indexation Table are described in the summary table below.

Division 3 – CPI methodology for the Social Security Legislation

Social Security Act 1991

Item 46 amends certain items within the table in subsection 1191(1) to omit references to most recent quarters and substitute them with references to the highest quarters before the reference quarters relevant to each item. These are minor amendments that align the base quarter methodology for all items within the table in subsection 1191(1), ensuring all items are indexed appropriately following periods of deflation.

The changes to the items within the CPI indexation table in subsection 1191(1) are described in the summary table below.

This amendment results in changes to the base quarter (the denominator) used to calculate the Indexation Factor under subsection 404(3), such that only the highest December index number, occurring prior to the reference quarter, is used.

Division 4 – Pension PP (single) qualification extension period

Social Security Act 1991

Item 47 repeals subparagraph 1061ZEA(2)(ga)(ii) of the Social Security Act and substitutes new subparagraphs 1061ZEA(2)(ga)(i) and 1061ZEA(2)(ga)(ii).

These amendments separate the current provision requiring a person to remain qualified for parenting payment (single) or parenting payment (partnered) (but for the requirement to have at least one PP child), in order for their qualification for the pensioner concession card to be extended under section 1061ZEA. Pursuant to the amendments made by item 48 below, this will enable paragraph 1061ZEA(2)(h)(i) of the Social Security Act to apply to parenting payment (single) recipients and align with single principal carer youth allowance and jobseeker payment recipients.

Item 48 amends subparagraph 1061ZEA(2)(h)(i) of the Social Security Act, to add a reference to new subparagraph 1061ZEA(2)(ga)(i), as inserted by item 47 above, into that provision. Provided the other preconditions of section 1061ZEA are met, this ensures that a person to whom parenting payment (single) ceases to be payable due to their employment income will remain qualified for the pensioner concession card for a period of 26 weeks after the end of the instalment period in which they ceased to be payable.

Item 49 prescribes an application provision for the amendments made by items 47 and 48 above. These amendments apply in relation to a person to whom parenting payment (single) ceases to be payable on or after the commencement of item 49, which is the day after this Bill receives the Royal Assent. The amendments also apply to a person to whom parenting payment (single) ceased to be payable at a time within the period starting on the day that is 24 weeks before, and ending on the date of, that commencement.

Division 5 – Accessing home equity access scheme

Social Security Act 1991

Division 5 of Part 7 of Schedule 4 makes a series of amendments to the qualification regime for participating in the home equity access scheme under the Social Security Act (as renamed by the amendments in Part 2 of Schedule 5). These changes prescribe new restrictions on a person's participation in the home equity access scheme under the Social Security Act. These changes are intended to ensure that a person can only participate in the home equity access scheme under either the Social Security Act or Veterans' Entitlements Act, and to ensure a person may not receive more than one home equity access scheme loan at a time under the Social Security Act.

Item 50 inserts new paragraphs 1133(1)(e) and 1133(2)(e) into the Social Security Act, providing that a person will not satisfy the qualification regime for the home equity access scheme in instances where new subsection 1131(3A) (inserted by item 51 below) applies to the person.

Item 51 inserts new subsection 1133(3A) into the Social Security Act. New subsection 1133(3A) stipulates that a person will not be qualified to participate in the home equity access scheme under the Social Security Act if that person has made a request to participate in the home equity access scheme under section 52ZD of the Veterans' Entitlements Act; and the home equity access scheme has not ceased to operate in relation to the person because of the effect of section 52ZJ, 52ZJA, 52ZJB (as inserted by item 63 of Part 7 of Schedule 4) or 52ZK of that Act.

A legislative note under new paragraph 1133(3A)(b) confirms that, where a person is receiving a service pension or income support supplement under the Veterans' Entitlements Act, the person may be eligible to participate in the home equity access scheme under the Veterans' Entitlements Act rather than the Social Security Act.

Item 52 adds new subsection 1136(4), which prohibits a person from making a request to participate in the home equity access scheme under the Social Security Act if they are already participating in the home equity access scheme under that Act. This will prevent a person from concurrently receiving more than one home equity access scheme loan under the Social Security Act.

Item 53 adds a reference to new section 1141B of the Social Security Act, as inserted by item 55 below, into paragraph 1138(3)(a). The amendments made by item 53 confirm that if a person ceases participating in the home equity access scheme by virtue of the operation of new section 1141B, then the charge imposed on the person's real assets (see subsections 1138(1) and 1138(2) of the Social Security Act) in favour of the Commonwealth is preserved until the debt is repaid or recovered.

Item 54 adds new legislative note 1B following subsection 1138(3) of the Social Security Act, referring to the operation of new section 1141B, as inserted by item 55 below.

Item 55 adds new section 1141B into the Social Security Act, prescribing further circumstances in which the home equity access scheme will cease to operate in relation to a person who is participating in the scheme under the Social Security Act. Under new section 1141B, the scheme will cease to operate in relation to a participant if that person is qualified for, but is not receiving, an age pension, a disability support pension, or a carer payment; and the person starts to receive the service pension or an income support supplement under the Veterans' Entitlements Act. New section 1141B confirms the home equity access scheme will cease to operate in relation to the person at the beginning of the pension period during which the person starts to receive that pension or supplement.

New legislative note 1 following new section 1141B refers the reader to sections 1139 and 1142A in relation to the repayment or recovery of a debt owed by a person under the home equity access scheme.

New legislative note 2 following new section 1141B clarifies that when the home equity access scheme ceases to operate in relation to a person under new section 1141B, the person may be eligible to participate in the scheme under the Veterans' Entitlements Act.

Item 56 adds a reference to new section 1141B of the Social Security Act, as inserted by item 55 above, into subsection 1142A(1). The amendments made by item 56 confirm that a home equity access scheme debt, owed by a person at the time the home equity access scheme ceases to operate in relation to the person by operation of new section 1141B, may be repaid by the person at any time.

Item 57 adds new legislative note 1B following subsection 1142A(1) of the Social Security Act, referring to the operation of new section 1141B, as inserted by item 55 above.

Division 6 – Accessing home equity access scheme

Veterans' Entitlements Act 1986

Division 6 of Part 7 of Schedule 4 makes a series of amendments to the qualification regime for participating in the home equity access scheme under the Veterans' Entitlements Act (as renamed by the amendments in Part 2 of Schedule 5). These changes prescribe new restrictions on a person's participation in the home equity access scheme under the Veterans' Entitlements Act. These changes are intended to ensure that a person can only participate in the home equity access scheme under either the Social Security Act or the Veterans' Entitlements Act, and to ensure a person may not receive more than one home equity access scheme loan at a time under the Veterans' Entitlements Act.

Item 58 inserts a new paragraph 52ZA(1)(f) and 52ZA(2)(f) into the Veterans' Entitlements Act, providing that a person will not satisfy the qualification regime for the home equity access scheme in instances where new subsection 52ZA(3A) (inserted by item 59 below) applies to the person.

Item 59 inserts new subsection 52ZA(3A) into the Veterans' Entitlements Act. New subsection 52ZA(3A) stipulates that a person will not be qualified to participate in the home equity access scheme under the Veterans' Entitlements Act if that person has made a request to participate in the home equity access scheme under section 1136 of the Social Security Act; and the home equity access scheme has not ceased to operate in relation to the person because of the effect of section 1141, 1141A, 1141B or 1142 of that Act.

A legislative note under new paragraph 52ZA(3A)(b) confirms that, where a person is receiving an age pension, disability support pension or carer payment under the social Security Act, the person may be eligible to participate in the home equity access scheme under the Social Security Act rather than the Veterans' Entitlements Act.

Item 60 adds new subsection 52ZD(4), which prohibits a person from making a request to participate in the home equity access scheme under the Veterans' Entitlements Act if they are already participating in the home equity access scheme under that Act. This will prevent a person from concurrently receiving more than one home equity access scheme loan under the Veterans' Entitlements Act.

Item 61 adds a reference to new section 52ZJB of the Veterans' Entitlements Act, as inserted by item 63 below, into paragraph 52ZF(3)(a). The amendments made by item 61 confirm that if a person ceases participating in the home equity access scheme by virtue of the operation of new section 52ZJB, then the charge imposed on the person's real assets (see subsections 52ZF(1) and 52ZF(2) of the Veterans' Entitlements Act) in favour of the Commonwealth is preserved until the debt is repaid or recovered.

Item 62 adds new legislative note 1B following subsection 52ZF(3) of the Veterans' Entitlements Act, referring to the operation of new section 52ZJB, as inserted by item 63 below.

Item 63 adds new section 52ZJB into the Veterans' Entitlements Act, prescribing further circumstances in which the home equity access scheme will cease to operate in relation to a person who is participating in the scheme under the Veterans' Entitlements Act. Under new section 52ZJB, the scheme will cease to operate in relation to a participant if that person is qualified for, but is not receiving, the service pension or an income support supplement, and the person starts to receive an age pension, a disability support pension, or a carer payment under the Social Security Act. New section 52ZJB confirms the home equity access scheme will cease to operate in relation to the person at the beginning of the pension period during which the person starts to receive those pensions or payment. New legislative note 1 following new section 52ZJB refers the reader to sections 52ZG and 52ZKA in relation to the repayment or recovery of a debt owed by a person under the home equity access scheme.

New legislative note 2 following new section 52ZJB clarifies that when the home equity access scheme ceases to operate in relation to a person under new section 52ZJB, the person may be eligible to participate in the scheme under the Social Security Act.

Item 64 adds a reference to new section 52ZJB of the Veterans' Entitlements Act, as inserted by item 63 above, into subsection 52ZKA(1). The amendments made by item 64 confirm that a home equity access scheme debt, owed by a person at the time the home equity access scheme ceases to operate in relation to the person by operation of new section 52ZJB, may be repaid by the person at any time.

Item 65 adds new legislative note 1B following subsection 52ZKA(1) of the Veterans' Entitlements Act, referring to the operation of new section 52ZJB, as inserted by item 63 above.

Division 7 – Veterans' rent assistance

Veterans' Entitlements Act 1986

Item 66 removes the words "all amounts" and substitutes "item 1". This amendment ensures that only item 1 of the rate calculator at SCH6-C8 – Table C2 – column 4 and the rate calculator SCH6-C6-Table C1 – column 3 applies.

Item 67 inserts new items 6B and 6C which describes a different methodology for calculating rent assistance amounts for couples where both couples are in receipt of pensions that contain a rent assistance component.

Item 68 inserts two new items 3B and 3C describing rent assistance for couples, who are both receiving a pension with a rent assistance component, should be increased by indexation amounts.

Item 69 repea ls the amount and substitutes the current annual rate as at 20 September 2025.

Item 70 repeals the amount and substitutes the current fortnightly rate as at 20 September 2025.

Item 71 repeals the amount and substitutes the term "half the rent threshold (combined couples)". This is the annual rate and will ensure that no matter the rate of rent assistance going forward, the rate of rent assistance for couples where both are in receipt of pensions with a rent assistance component, each member of the couple will receive exactly half of the couples rate of rent assistance.

Item 72 repeals the amount that and substitutes the term "half the rent threshold (combined couples)". This is the fortnightly rate and will ensure that no matter the rate of rent assistance going forward, the rate of rent assistance for couples where both are in receipt of pensions with a rent assistance component, each member of the couple will receive exactly half of the couples rate of rent assistance.

Item 73 inserts a new note – "2A" which describes where to locate the rate for the rent threshold for combined couples (see item 74).

Item 74 inserts a new description for the rate of the rent threshold for combined couples – meaning where both members of a couple who are in receipt of a pension with a rent assistance component. The yearly and fortnightly amounts are described. These rates are as at 20 September 2025. This new insertion also describes when the rate of rent assistance threshold is increased – biannually in line with CPI thresholds.

Item 75 repeals the amount and inserts the current annual single rate of rent assistance as at 20 September 2025.

Item 76 repeals the amount and substitutes "half the rent assistance maximum rate (combined couples)". This ensures that where both members of the couple in receipt of a pension with a rent assistance component will each receive exactly half of the annual amount of the combined couples rate of rent assistance.

Item 77 inserts new note – "2A" which describes where to locate the maximum rate of rent assistance for combined couples (see item 78).

Item 78 inserts new item SCH6-C8A, the annual rate of the maximum rate of rent assistance payable for combined couples. This rate is as of 20 September 2025. It also describes that the rate is increased biannually in line with CPI.

Item 79 describes that the above amendments and rates of payment are as at the 20 March 2026 and can only be applied on and after 20 March 2026.

Schedule 5 – Other amendments

Part 1–Technical amendments

Social Security Act 1991

Items 1 to 6 make technical amendments to the general definitions framework prescribed in section 23 of the Social Security Act. The amendments made by items 1 – 6 introduce thematic titles above subsections 23(12), 23(14), 23(16), 23(17), 23(20) and 23(22) of the Social Security Act, to improve the readability of section 23.

Part 2–Renaming of pension loans scheme

Social Security Act 1991

Part 2 of Schedule 5 makes a series of amendments to the Social Security Act, to replace references to 'pension loans scheme' with the new name 'home equity access scheme'. These changes reflect the renaming of the scheme in policy, which occurred on 1 January 2022. These amendments are not intended to make any changes to the operation of the scheme.

Items 7 to 11 repeal references to 'pension loans' in the general definitions framework prescribed in section 23 of the Social Security Act, and substitute those references with 'home equity access', ensuring each relevant reference to that regime now stipulates 'home equity access scheme'. This includes repealing the definition of 'participating in the pension loans scheme' in subsection 23(1), and introducing a new equivalent definition of 'participating in the home equity access scheme'.

Items 12 to 49 make similar technical amendments to Part 3.12 of the Social Security Act, which prescribes general provisions relating to the assets test. Part 3.12 relevantly includes the legislative framework governing the pension loans scheme (as currently named) in Division 4. The amendments provided by items 12 to 49 remove all references to the 'pension loans' scheme in Part 3.12 of the Social Security Act, and substitute those references with 'home equity access', ensuring each reference now stipulates 'home equity access scheme' for all purposes. This includes repealing the definitions of 'pension loans scheme advance payment' and 'pension loans scheme advance payment period' in subsection 1133AA(1), and introducing new equivalent definitions of 'home equity access scheme advance payment' and 'home equity access scheme advance payment period'.

Item 50 makes a minor technical amendment to omit the reference to 'pension loan' in column 2 of item 1 to the table in subsection 1222(2) of the Social Security Act, and substitute 'home equity access scheme'. This confirms that a debt under section 1135 of the Social Security Act is referred to as a 'home equity access scheme debt', for the purposes of the debt recovery methods provided in the table.

Veterans' Entitlements Act 1986

Part 2 of Schedule 5 makes a series of amendments to the Veterans' Entitlements Act 1986 ('Veterans' Entitlements Act'), to replace references to 'pension loans scheme' with the new name 'home equity access scheme'. These changes reflect the renaming of the scheme in policy, which occurred on 1 January 2022. These amendments are not intended to make any changes to the operation of the scheme.

Items 51 and 52 repeal references to 'pension loans' in the income test definitions framework prescribed in section 5H of the Veterans' Entitlements Act, and substitute those references with 'home equity access', ensuring each relevant reference to that regime now stipulates 'home equity access scheme'.

Items 53 to 90 make similar technical amendments to Part IIIB of the Veterans' Entitlements Act, which prescribes general provisions relating to the assets test. Part IIIB relevantly includes the legislative framework governing the pension loans scheme (as currently named) in Division 11. The amendments provided by items 3 to 40 remove all references to the 'pension loans' scheme in Part IIIB of the Veterans' Entitlements Act, and substitute those references with 'home equity access', ensuring each reference now stipulates 'home equity access scheme' for all purposes. This includes repealing the definitions of 'pension loans scheme advance payment' and 'pension loans scheme advance payment period' in subsection 52ZAAA(1), and introducing new equivalent definitions of 'home equity access scheme advance payment' and 'home equity access scheme advance payment period'.

Part 3 – Employment income attribution rules for social security payments

Social Security Act 1991

Item 91 adds new section 1073BAB into Division 1AA of Part 3.10 of the Social Security Act to clarify the operation of employment income attribution provisions. New section 1073BAB expressly provides that employment income attributed to a social security pension or benefit recipient under sections 1073A, 1073B and 1073BA continues to be attributed to the person, for the purposes of the Social Security Act, for the duration of the attributed income period as worked out under subsections 1073A(2), 1073B(2) or 1073BA(2) of the Social Security Act respectively.

New subsection 1073BAB(1) sets out the circumstances in which new section 1073BAB applies. New paragraphs 1073BAB(1)(a), (b) and (c) provides that this is where a social security pension or benefit recipient is taken to have received employment income under section 1073A, 1073B or 1073BA over a period (referred to as the 'attributed income period') while receiving that pension or benefit (referred to as the 'original payment'), and then they cease to receive the pension or benefit. This may occur where that payment is cancelled or suspended for example.

New paragraph 1073BAB(1)(d) then provides that the person must subsequently claim a pension or benefit (referred to as the 'new payment'), and the start day for that new payment must be before the end of the attributed income period.

It is not necessary for the person's new payment to be of the same kind as their original payment. For example, if a person's original payment is jobseeker payment, but this payment is cancelled and then the person turns pension age, the person may later claim age pension with a start day that is during the attributed income period. In this case age pension would be the person's new payment for the purposes of new section 1073BAB, and subsection 1073BAB(2) would operate to ensure the person continues to be taken to receive employment income during the remainder of the attributed income period, for age pension purposes.

New paragraph 1073BAB(1)(e) requires that for new section 1073BAB to apply, the person's start day for the subsequent pension or benefit claim (the new payment) must be before the end of the attributed income period. This means new section 1073BAB may apply to preserve income attribution in instances such as where a person claims a pension or benefit after the end of the attributed income period, but the start day for that claim is backdated to a date within the attributed income period (for example by operation of a backdating provision in Part 3 of Schedule 2 to the Social Security (Administration) Act 1999).

A legislative note following new subsection 1073BAB(1) advises that in accordance with section 42 of the Social Security (Administration) Act 1999, a person's start day is worked out in accordance with Schedule 2 to that Act.

New subsection 1073BAB(2) specifies that from the person's start day for the new payment, the remaining part of the attributed income period applies such that the person is taken to continue receiving employment income under section 1073A, 1073B or 1073BA during this period, for the purposes of the Social Security Act. This means that new subsection 1073BAB(2) causes the employment income to be attributed to the person for the entirety of the attributed income period. Further, this employment income is to be taken into account in applying the Act to the person throughout the attributed income period, even if the person's pension or benefit ceases and commences again during this period.

New subsection 1073BAB(3) clarifies that the effect of new subsection 1073BAB(2) applies for the purposes of working out the person's rate of payment (including for the new payment mentioned in new subsections 1073BAB(1) and (2)) at any time during the attributed income period.

Further, new subsection 1073BAB(3) clarifies that new subsection 1073BAB(2) does not prevent the person from being taken to receive other employment income (under sections 1073A, 1073B or 1073BA) during that same attributed income period.

New section 1073BAB may apply to preserve the effect of employment income attribution under sections 1073A, 1073B or 1073BA on more than one occasion during the same income attribution period. This would be the case, for example, where a person's social security pension or benefit is cancelled and the person subsequently reclaims and is granted a pension or benefit a number of times during the course of the income attribution period.

Item 92 prescribes an application provision for new subsection 1073BAB(2), as inserted by item 91 above. This provides that new subsection 1073BAB(2) applies in relation to an attributed income period that begins on or after the commencement of Part 9 of Schedule 5 to the Bill. Part 9 of Schedule 5 to the Bill commences the day after the new Act receives the Royal Assent.

Attachment A Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Regulatory Reform Omnibus Bill 2025

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

The Government has committed to boosting productivity, reducing duplicative processes and improving the quality of regulation by modernising outdated rules and improving regulator performance. Regulation that is fit-for-purpose and effectively administered is vital to support a safe and prosperous community. However, regulation that is excessive or obsolete can become burdensome and needlessly cause frustration or impact economic growth.

The Regulatory Reform Omnibus Bill 2025 will boost government efficiency and enhance government service delivery. The Bill makes minor amendments to, or repeals, 30 primary Acts aiming to keep regulatory settings fit-for-purpose. The Bill delivers regulatory reform across four themes:

1.

Supporting a 'tell us once' approach to government service delivery, by small steps to improving information sharing within Government. This will reduce the need for Australians to repeatedly provide the same information to access services and support.

2.

Improving and maintaining access to government services by reducing the risk of fraud and addressing legislative gaps that allow non-operational pathology collection centres to continue operating. The changes will also address legislative gaps that allow approved pharmacists to supply and claim PBS medicines where their professional registration to practice as a pharmacist has been cancelled or suspended or where breaches of their conditions of approval have occurred.

3.

Reducing the regulatory burden on Australians and businesses by reducing risks of non-compliance, allowing greater flexibility in meeting regulatory requirements.

4.

Boosting government efficiency through updating and repealing outdated legislation across the statute book, ensuring consistency in regulatory systems and repealing redundant legislation.

The Bill comprises a broad range of measures; some of these will engage human rights and some will not. Measures that do not engage human rights are those which affect obligations only applicable to corporate entities or government agencies, or measures which do not engage the human rights instruments identified by subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011. These measures are not discussed in this statement.

Summary of human rights implications

This Bill engages, or has the potential to engage, the following rights:

•

Article 3 of the Convention on the Rights of the Child (CRC): in all actions concerning children the best interests of the child shall be a primary consideration.

•

Article 18(2) of the CRC: the requirement that State Parties take all appropriate measures to ensure that children of working parents have the right to benefit from child care services and facilities.

•

Article 27 of the CRC: the right of every child to a standard of living adequate for the child's physical mental, spiritual, moral and social development.

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Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR): the right to social security.

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Article 11 of the ICESCR: the right to an adequate standard of living.

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Article 12 of the ICESCR: the right to the enjoyment of the highest attainable standard of physical and mental health.

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Article 14 of the International Covenant on Civil and Political Rights (ICCPR): the right to a fair trial.

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Article 17 of the ICCPR: the right to privacy.

•

Article 19(2) of the ICCPR: the right to freedom of expression.

•

Article 23(2) of the ICCPR: the right of men and women of marriageable age to marry.

Schedule 1: Amendments to support a 'tell us once' approach to government service delivery

Overview

Schedule 1 of the Bill removes barriers to providing more 'tell us once' services across Government, and supports Commonwealth agencies and regulators in providing a more seamless experience for customers. The amendments in this Schedule which engage, or may engage human rights include:

•

Improving the use of healthcare identifiers to support better healthcare service delivery (Part 2).

•

Enabling better information sharing within Services Australia's administered programs to deliver a more seamless experience for customers (Part 3).

•

Clarifying the ability of Services Australia to more easily transfer customers to a new social security payment or concession card when they have already been assessed against identical qualifications or payability criteria for their existing payment or card requirements or being in receipt of a means-tested social security payment (Part 4).

•

Simplifying processes for reissuing non-income tested seniors health cards to Australians who have lost, and subsequently regained, eligibility due to portability requirements or being in receipt of a means-tested social security payment (Part 5).

Summary of human rights implications

This Schedule engages, or may engage, the following rights:

•

Right to privacy in Article 17 of the ICCPR

•

Right to health in Article 12(1) of the ICESCR

•

Right to social security in Article 9 of the ICESCR

•

Criminal offence process rights in Article 14(1) of the ICCPR.

Human rights implications in detail

Right to privacy

The protection against arbitrary or unlawful interference with privacy is contained in Article 17 of the ICCPR. Article 17 provides that no one shall be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, nor to unlawful attacks on their honour or reputation, and that everyone has the right to the protection of the law against such interference or attacks.

The right to privacy includes respect for information privacy, including in respect of storing, using and sharing private information and the right to control the dissemination of personal and private information. The right to privacy also includes the right to the protection of one's personal data. The right to privacy under Article 17 can be permissibly limited in order to achieve a legitimate objective and where the limitations are lawful and not arbitrary. The term 'unlawful' in Article 17 of the ICCPR means that no interference can take place except as authorised under domestic law.

Part 2 of Schedule 1 will amend the Healthcare Identifiers Act 2010 (Healthcare Identifiers Act), enhancing the role of healthcare identifiers as a foundation for the safe sharing of health information in a privacy-enhancing way by:

•

enabling broader authorised use of healthcare identifiers by:

•

extending authorisations that currently apply to contractors of entities authorised to collect, use and disclose healthcare identifiers. Identifying information to also apply to subcontractors of those entities in circumstances where necessary to fulfil the terms of the contract, with similar extensions in the My Health Records Act 2012 (My Health Records Act) applying to subcontractors of certain My Health Records system participants.

•

enabling healthcare recipients to consent to the collection, use and disclosure of their healthcare identifier and identifying information for health technology purposes.

•

enabling the collection, use or disclosure of healthcare identifiers and identifying information for a broader range of health administration purposes. This includes managing, reporting and responding to adverse health events and enabling healthcare provider healthcare identifiers to be included in the Australian Immunisation Register.

•

enabling healthcare recipients' healthcare identifiers and identifying information to be used as part of the communication or management of health information for certain insurance and employment purposes, but with corresponding additional protections in the My Health Records Act to prevent access to or use of health information originating from the My Health Records system for those purposes.

•

facilitating faster and more accurate communication between healthcare providers and enabling future digital health capabilities such as electronic requesting and referrals through an enhanced Healthcare Provider Directory (Directory), and limiting the impact on the privacy of healthcare practitioners by:

•

restricting access to the Directory to identified healthcare providers and health administration entities,

•

only including publicly available information or other information healthcare providers choose to contribute in the Directory.

•

enabling healthcare providers to ask for their information not to be disclosed in the Directory.

•

establishing a legislative basis for nationally agreed data standards that will define expectations about how health data will move safely and efficiently between systems and enable Regulations to require conformance with those data and security standards as a precondition for participation in future digital health initiatives or connecting with the Healthcare Identifiers Service.

To the extent that the new authorisations to use healthcare identifiers and identifying information may interfere with the right to privacy, such measures are lawful and nonarbitrary. None of the provisions in the Bill enable an entity to have access to additional health information they do not already have a right to access. The measure aims to achieve the legitimate objective of assuring the accuracy and completeness of information matched to an individual's health records and available to their healthcare teams.

The ability to consistently and accurately identify healthcare recipients is essential as the basis for a safe and digitally connected healthcare system. The current siloed nature of Australia's health system means that healthcare recipients need to keep providing their information repeatedly at each point of care. This creates a privacy risk due to information being held across multiple systems and the possibly that this information is not consistently updated. Further, healthcare providers lack a consistent, holistic view of recipients' care needs which can negatively impact diagnosis and care planning. A number of digital health initiatives aimed at addressing these silos are in development, but they will be difficult to achieve without the ability to uniquely and reliably identify and connect healthcare recipients and providers through widespread use of consistent identifiers, which healthcare identifiers can provide.

Enhanced use of healthcare identifiers and standards is privacy enhancing, as there is confidence that information is correctly matched, accurately and consistently interpreted, and made available to the correct healthcare provider or organisation.

Healthcare identifiers and national, common data standards will facilitate improved real-time monitoring and responses to health data – for example, wearable technology, using a healthcare recipients' identifier to collect and monitor information, can provide alerts to practitioners, and provide baseline data against which to monitor changes and the need for intervention. Use of healthcare identifiers to connect information about the in-home supports planned for and received by a healthcare recipient, can also support better health and care planning by healthcare providers.

The use of healthcare identifiers does not prevent a person from receiving care anonymously, and a healthcare identifier is not required to receive care.

Safeguards under the Healthcare Identifiers Act and the Privacy Act 1988 (Privacy Act) will apply to the additional authorisations for the use of healthcare identifiers and identifying information under these amendments. The Healthcare Identifiers Act includes requirements for entities that hold healthcare identifiers to take reasonable steps to protect them from misuse, loss, unauthorised access, and modification or disclosure. Significant penalties apply for misuse of healthcare identifiers and unauthorised collection, use or disclosure will also be an interference with, or breach of, privacy under the Privacy Act.

Enhanced use of healthcare identifiers across the health and care systems means that a person's health information can be connected across data sets to ensure clinical decisions and care planning are based on complete and accurate information about a person. Enhanced use will improve patient safety, reducing the risks of identification errors that could lead to treatment errors. Better identification and standards to support access to information also improves patient experience, as individuals do not need to repeat their story as they move throughout the health and care ecosystem, as information sharing and real-time access will be facilitated.

The limitations on the right to privacy under the Bill are reasonable, necessary and proportionate as they appropriately balance the competing objectives of greater accessibility and accurate matching of health records, with an individual's right to privacy. Without linkage and accessibility of information between the right healthcare recipients and providers at the right time, significant amounts of personal and health information need to be captured and held in multiple clinical information systems. This contributes to sub-optimal outcomes for healthcare recipients. Further, as information is unnecessarily duplicated across multiple systems, this poses the privacy risk, or risk of inaccurate information due to the potential lack of updating across the systems. The absence of unique identifiers to connect information across the system increases the potential for healthcare recipient information to be disclosed to the wrong provider, either by mistake, or because records have not been updated. Conversely, the inability to accurately identify a healthcare recipient can result in information not being available to a healthcare provider when needed at the point of care.

Part 3 of Schedule 1 also engages the right to privacy. This Part of the Bill widens, or clarifies as relevant, the permitted circumstances where a person can record, disclose and use protected information to include those that are 'for the purposes of the Centrelink, Child Support and Medicare programs'.

These changes simplify the arrangements for sharing information between the Medicare, Centrelink and Child Support programs (which are all delivered by Services Australia). The amendments will allow for improvements to the way Services Australia is able to share information within the agency for the purposes of delivering a more seamless experience to customers.

Customers are already sharing their information with Services Australia and the information required for individual services will not change. The amendments will facilitate easier and simpler sharing within the agency of information it already holds. Services Australia has a broad range of established safeguards and policies embedded to protect customer data that span across legal, data governance, cyber security, fraud, information management and data ethics considerations. Additionally, once legislative authorisation is in place, complementary data exchange safeguards will be developed as part of any associated technology upgrades.

Allowing for greater information sharing to facilitate improved customer experience and more efficient and effective administration of government programs meets the requirement that limitations on the right to privacy must be for a legitimate purpose.

While amendments that facilitate further sharing of personal information may appear to limit the right to privacy, any potential limitations are balanced with the beneficial impact on human rights by reducing administrative barriers to accessing social security and promoting the rights to social security contained in the relevant UN Conventions.

Part 4 of Schedule 1 engages the right to privacy as it relates to information which may include protected and personal information of social security payment recipients and concession card holders. This Part amends the Social Security (Administration) Act 1999 (SSA Act) to expressly permit reliance on previous assessments where identical qualifications or payability criteria have been met when granting an existing social security payment recipient or concession card holder a new social security payment or concession card under section 37 of the SSA Act. This will also apply when determining whether a person can be transferred between social security payments under section 12 of the SSA Act without having to a lodge a new claim. While these changes engage the right to privacy, any potential limitations are balanced with the beneficial impact on human rights by reducing administrative barriers to accessing social security and promoting the rights to social security contained in Article 9 of the ICESCR. Allowing for the reuse of previously supplied personal information and assessments of that information for the purposes of transferring individuals between payments or cards will expand the right to social security, and to the extent it engages the right to privacy, it does not significantly limit nor expand this right.

Part 5 of Schedule 1 creates an exemption to the general rule outlined in section 11 of the SSA Act to ensure eligible customers are not required to submit a claim to have their non-income tested seniors health cards ('NIT Cards') re-issued. This would allow Services Australia to re-issue NIT Cards without any action required by the customers.

Part 5 of Schedule 1 engages the right to privacy as the change relies on existing data exchange with Department of Home Affairs relating to the international arrival and departure of NIT Cardholders. To the extent that this amendment may limit this right to privacy, it is both reasonable and proportionate as it relies on an existing data exchange rather than providing for a new one and this exchange of information is in order to facilitate the provision of a social security benefit.

The amendment will have a beneficial impact on human rights by reducing administrative barriers to accessing social security and promoting the rights to social security contained in the relevant UN Conventions.

Right to health

Article 12(1) of the ICESCR provides that everyone has the right to the enjoyment of the highest attainable standard of physical and mental health.

Part 2 of Schedule 1 will amend the Healthcare Identifiers Act to enhance the safe sharing of health information by enabling broader authorised use of healthcare identifiers, facilitating faster and more accurate communication between healthcare providers about care, treatment and support options for healthcare recipients and establishing a legislative basis for nationally agreed data standards to facilitate interoperability and security between systems.

The amendments promote the right to health by empowering healthcare recipients to engage more dynamically with healthcare providers and health technology providers by consenting to their healthcare identifiers being used for health technology purposes, such as mobile applications and wearable technology, to enable better monitoring of health outcomes.

The amendments also enable healthcare identifiers to be used for a broader range of health administration purposes including supporting verification of eligibility for digital health services, managing and reporting on adverse health events and to include in the Australian Immunisation Register. More widespread use of healthcare identifiers for participation in digital health initiatives facilitates easier access to services. Further, deidentified data, using healthcare identifiers for matching, instead of complex probabilistic matching based on personal information, supports improved data to inform health research and performance monitoring, which will support better analysis of trends and demand, and drive better outcomes for healthcare recipients and the health system.

The effect of the authorisations enabling healthcare identifiers to be used as part of this information collection, monitoring, management and communication is that it ensures the information is connected to the right person and able to be matched with other health information about that person, which means the providers involved in the management and delivery of healthcare for that person can have access to all information to make well-informed clinical decisions and care plans. This leads to better care and treatment outcomes for healthcare recipients.

The amendments will enable healthcare recipients' health information to follow them across their health and wellbeing journey.

Right to social security

Part 3 of Schedule 1 enhances the right to social security as described in Article 9 of the ICESCR. The amendment would allow Services Australia to simplify information sharing for connected service delivery by removing legal barriers and clarifying information sharing provisions. This will provide a clearer legislative basis for existing information sharing practices and will open the door for future operational improvements to be made to the way Services Australia shares information between the Centrelink, Medicare and Child Support programs.

The right to social security is enhanced. This is achieved by improving the administrative efficiency of the social security system and making it simpler for individuals to provide relevant information to access payments and services that they need.

Part 4 of Schedule 1 enhances the right to social security as described in Article 9 of the ICESCR. The amendments would expressly permit reliance on previous assessments that identical qualification or payability criteria have been met when considering whether a person is qualified for a new payment or concession card and whether the new payment is payable. The amendments would apply to the granting of a social security payment or concession card under section 37 of the SSA Act to an existing social security payment recipient or concession card holder, including in (but not limited to) the context of a transfer between social security payments facilitated by section 12 of the SSA Act. The provision can only be relied upon to grant social security payments or concession cards. It is not intended to facilitate reliance on previous assessments to reject a claim.

Without an express permission that allows reliance on previous equivalent assessments, decision makers may be required to undertake duplicative assessments to confirm pre-established findings, impacting the efficiency and effectiveness of Services Australia and imposing administrative burden on customers where they are required to repeat assessment processes.

By removing this administrative barrier, the amendments will promote the rights to social security by improving the accessibility of these programs. The amendments will make it easier for recipients of social security payments and holders of concession cards to move between the right payment or card for their circumstances and are therefore promotes human rights.

Part 5 of Schedule 1 engages the right to social security in Article 9 in the ICESCR as it would reduce the administrative burden on eligible customers in having their NIT Cards reissued thereby expanding the right to social security.

Criminal offence process rights

The right to a fair trial and fair hearing are protected by Article 14(1) of the ICCPR.

The right to a fair trial and fair hearing applies to both criminal and civil proceedings. A range of protections are afforded to persons accused and convicted of criminal offences under Article 14 of the ICCPR. These include the presumption of innocence (Article 14(2)), the right to not incriminate oneself (Article 14(3)(g)), and the right to have a sentence reviewed by a higher tribunal (Article 14(5)). Civil penalty provisions may engage the criminal process rights under Article 14 of the ICCPR where the penalty may be regarded as 'criminal' for the purpose of international human rights law.

While the UN Human Rights Committee has not issued guidance on how civil penalties may be considered criminal, the following matters are considered to be relevant:

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classification of the penalty under domestic law

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the nature of the penalty, and

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the severity of the penalty.

The Bill introduces a new civil penalty for persons who use information for a prohibited purpose, where that information was originally sourced from a healthcare recipient's My Health Record. This provision may engage Article 14 of the ICCPR.

New subsection 59A(1A) introduces a new civil penalty of 1,500 penalty units. This new penalty is consistent with the existing penalty in subsection 59A(1) of the My Health Records Act. That penalty currently applies to a person who uses health information included in a healthcare recipient's My Health Record for a prohibited purpose, if the person obtained the information by using or gaining access to the My Health Record system. However, this provision does not reflect the practice whereby clinical information systems may download information from My Health Record which can then be accessed directly from the local system.

Where a person subsequently uses that information for what would otherwise be a prohibited purpose, there is no applicable offence as the person did not obtain the information by using or gaining access to the My Health Record system. The intention of the current provisions was to prevent information originating from My Health Record to be used for employment and insurance-related decisions. However, the effect of the current provisions is that where a system has downloaded or saved information from My Health Record into the local system, the prohibited purpose provisions do not apply.

This undermines confidence and trust in the My Health Record system, which is designed to facilitate the sharing of information to healthcare recipients and their care teams, but not to be used for other purposes unrelated to the provision of healthcare. This penalty is intended as a deterrent for organisations to ensure that information from My Health Record which is made available to an end user, whether via direct access or via a local system which independently stores information originally obtained from My Health Record, is clearly marked as such so that it will not be used for prohibited purposes. It requires end users to ensure that information which may be used for purposes related to insurance and employment decisions has not been obtained, directly or indirectly, from My Health Record. This is intended to underpin trust in the My Health Record system so that healthcare recipients can be confident that information in their My Health Record is only being used for purposes related to the provision of healthcare and not to influence a potentially adverse decision in relation to their employment or access to insurance. This penalty is not considered to be criminal for the purposes of human rights law. The penalty is also consistent with the criminal process protections in the ICCPR.

Conclusion

The proposed amendments to the Healthcare Identifiers Act are compatible with human rights because they promote better health outcomes for Australians by enabling accurate matching of health information to healthcare recipients and providers, and will support better access to information to support health care planning and delivery. The Bill engages the right to privacy for the legitimate objective of promoting better individual and public health outcomes and to the extent that the right to privacy is limited, this is reasonable, necessary and proportionate in the circumstances. The Bill also ensures the inclusion of a civil penalty is consistent with human rights criminal process guarantees.

The amendments in Parts 3, 4 and 5 of Schedule 1 are compatible with human rights as the amendments will have a beneficial impact on human rights by reducing administrative barriers to accessing social security and promoting the rights to social security contained in the relevant UN Conventions. To the extent that the amendments may limit the right to privacy, it is reasonable, proportionate and for the legitimate purpose of administering social security systems more effectively and expanding the right to social security.

The amendments in Part 4 of Schedule 1 will have a beneficial impact on human rights by reducing administrative barriers to accessing social security and promoting the right to social security.

Schedule 2: Amendments to improve or maintain access to government services

Overview

Schedule 2 of the Bill intends to improve the regulatory settings around some key healthcare services and the ACCS (child wellbeing), a form of additional child care subsidy. All the amendments in this Schedule engage, or may engage human rights.

Part 1 of Schedule 2, makes amendments throughout the A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 to remove language that may be stigmatising and discourage potential applicants from seeking ACCS (child wellbeing) support when they need it. The amendments will replace potentially stigmatising language with language that is more accessible for applicants and will encourage more families in need to apply for the ACCS (child wellbeing) without changing the eligibility criteria.

Part 2 of Schedule 2, extends the current timeframe to complete diagnostic imaging services.

Part 3 of Schedule 2, amends the Health Insurance Act 1973 (Health Insurance Act) to expand the discretion for the Minister to cancel the approval of an approved pathology collection centre if the premises are not accessible to the public for the purposes of collecting a specimen, not operating reasonable hours or not carrying on business as an approved pathology collection centre, including not collecting specimens for Medicare-payable pathology services.

Part 4 of Schedule 2, amends the National Health Act 1953 (National Health Act) to insert additional circumstances in which the Secretary of the Department may exercise their existing powers under the Act to suspend or cancel the approval of a pharmacist. These circumstances will be:

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where the pharmacist has had their registration suspended under a law of a State or Territory that provides for the registration of pharmacists.

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where the pharmacist has been deregistered as a pharmacist under a law of a State or Territory providing for the registration of pharmacists

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where a director of a body corporate that is an approved pharmacist has been suspended or deregistered as a pharmacist under a law of a State or Territory providing for the registration of pharmacists and there are no other directors of the body corporate that are registered as a pharmacist.

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where an approved pharmacist who is carrying on a business at a premises in a State or Territory is not permitted under that jurisdiction's law to carry on a business at that premises.

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where an approved pharmacist has breached a condition to which their approval is subject.

The Secretary will also have the discretion to refuse to cancel a pharmacist's approval if the approved pharmacist is the subject of a matter that has been referred to a Pharmaceutical Services Committee of Inquiry.

Part 5 of Schedule 2 supports Medicare integrity by establishing a framework (including express authorisations) for sharing information across Medicare programs and relevant agencies. Information could be collected, used or disclosed if it is relevant to the integrity or sustainability of a Medicare program or to support the quality and safety of health services, as well as certain government administration, law enforcement and other integrity-related purposes.

Summary of human rights implications

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Article 3(1) of the CRC: The right for a child's best interests to be a primary consideration in actions that affect them.

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Article 18(2) of the CRC: The right to assistance for parents and guardians in their child-rearing responsibilities.

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Article 27(1) of the CRC: The right for every child to enjoy an adequate standard of living.

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Article 14(2) of the ICCPR: The right to presumption of innocence.

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Article 17 of the ICCPR: The right to privacy.

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Article 9 of the ICESCR: The right to social security.

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Article 12 of the ICESCR: The right to health.

Human rights implications in detail

Rights of the child

Part 1 of Schedule 2 engages multiple Articles from the CRC:

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Article 3(1) states that "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration."

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Article 18(2) states that: "For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children."

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Article 27(1) states that: "States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development."

The ACCS (child wellbeing) is payable under the A New Tax System (Family Assistance) Act 1999 in circumstances where a child is in a particularly vulnerable situation as certified by a child care provider or determined by the Secretary. Education Department research has found that the existing language used in the Act, particularly the phrase "at risk of serious abuse or neglect", can cause significant distress and fear among parents and a reluctance to apply for ACCS (child wellbeing). This is especially true for families from First Nations backgrounds where such language may evoke trauma linked to historical government child removal practices.

The ACCS (child wellbeing) is a support provided by the Commonwealth that engages Australia's obligations under the CRC, specifically Articles 3(1), 18(2) and 27(1), in that it is assistance given to parents to help ensure their children have an adequate standard of living to support their child's healthy development. The amendments made by the Bill will ensure that more parents with eligible children feel confident in seeking support through ACCS (child wellbeing), thereby making it available to more children who need the support.

Right to health

The amendments engage the right to health. Article 12(1) of the ICESCR promotes the right of all individuals to enjoy the highest attainable standard of physical and mental health.

Part 2 of Schedule 2 of the Bill extends the current timeframe for performing multiple diagnostic imaging services listed on a single request form from 7 days to 14 days. The key objective of the amendment is to improve access to diagnostic imaging services by introducing greater flexibility into the timeframe for service delivery.

The amendment promotes these rights by reducing barriers to accessing diagnostic imaging services. By extending the timeframe, the amendment aims to reduce the administrative burden on patients and healthcare providers, minimise unnecessary appointments, and supporting more efficient use of primary care and imaging resources. This both expands access to diagnostic imaging and primary care services, enhancing rights to health through greater access to medical services.

Part 3 of Schedule 2 will engage this right. Part 3 provides the Minister with a discretion to cancel the approval of an approved pathology collection centre in certain circumstances. This may include if the premises are not accessible to the public for the purposes of collecting a specimen, not operating reasonable hours or the centre is not carrying on business as a pathology centre.

Pathology services are vital in supporting the diagnosis and treatment of a very broad range of health conditions. Expanding access to pathology is a critical part of expanding the delivery of healthcare services more generally, particularly to regional and remote areas. The provisions in Part 3 will enable the Minister to revoke the approval of centres which are not, in practice, providing pathology services. This will allow sites to be used by other active service providers bolstering, the availability of pathology and expanding the right to health provided by Article 12(1) of the ICESCR.

Part 4 of Schedule 2 of the Bill engages this right, as pharmacists, in their trusted role to dispense and supply prescription medications, play a key role in the provision of healthcare in Australia. Australians rely on pharmacists for access to medicines which are vital to maintaining good physical and mental health, and trust that an approved pharmacist is complying with all relevant State and Territory requirements.

The amendments in Part 4 of this Schedule will enhance the rights provided by Article 12 of the ICESCR by ensuring the Commonwealth has the power to ensure that a pharmacist will not be able to supply pharmaceutical benefits, if a pharmacist has not met professional registration requirements or has breached their conditions of approval. It also supports national consistency across Australian jurisdictions and prevents de-registered pharmacists from exploiting gaps in the law to continue supplying pharmaceutical benefits.

Part 5 of this Schedule also engages this right, as the amendments assist with the progressive realisation of the right of all individuals to enjoy this high standard by strengthening and protecting the integrity of Australia's health benefits schemes. In doing so, the amendments support the ongoing sustainability and effectiveness of these schemes and ensuring that Australians can continue to access affordable, efficient and high-quality healthcare.

Strong health benefits schemes are fundamental to Australia's world-class health system and the positive healthcare outcomes it delivers for patients. The amendments support these schemes, and therefore the broader health system, by enhancing the compliance systems and processes that enable:

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the prevention, identification, and response to instances of non-compliance, and fraud, in relation to health benefits schemes

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access to health benefits through health benefits schemes

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access to safe, high-quality, and affordable health services, including access to medicines, and

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the effective and appropriate prosecution of serious cases of non-compliance that risk Commonwealth funds, as well as patient safety and wellbeing.

These functions are essential to ensuring that the public funds invested in health benefits schemes are utilised for their intended purpose: providing Australians with access to quality care and improving healthcare outcomes.

The amendments also promote the right to health by ensuring decision makers are able to access the information they need relating to the safety of people in respect of Medicare and its programs, and therefore ensure the ongoing health, safety and wellbeing of individuals accessing services under a Medicare program.

Right to social security

The amendments in Part 5 of Schedule 2 engage Article 9 of the ICESCR which recognises the right to social security, including social insurance. The amendments seek to safeguard the integrity of Australia's health benefits schemes, primarily by strengthening the compliance activities that protect these schemes from fraud and other forms of misuse. Health benefits schemes, including Medicare, are a form of social security as they provide a government contribution to certain healthcare costs that Australians incur. By protecting the integrity of these schemes, the amendments ensure that they are sustainable and can therefore continue to provide Australians with access to affordable, high quality, Government-supported healthcare.

Right to presumption of innocence

Article 14(2) of the ICCPR provides that everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law. The presumption of innocence imposes on the prosecution the burden of proving the charge and guarantees that no guilt can be presumed until the charge has been proved beyond reasonable doubt.

The amendments in Part 5 of Schedule 2 include criminal offences relating to the use or disclosure of personal information of another person that was obtained or generated in the performance of duties or functions, or in the exercise of powers under Department of Health, Disability and Ageing legislation. The amendments engage the right to the presumption of innocence as the defendant bears an evidentiary burden in relation to establishing that their use or disclosure of another person's information was authorised, exempted or required by a provision in relevant legislation.

A person performing duties or functions under health portfolio legislation would have access to sensitive personal information such as health or financial information. It is vital to ensure that such information is only used and disclosed for appropriate and necessary purposes, in order to protect a person's right to privacy. Unauthorised use or disclosure of a person's information may put them at risk of serious harm, including harm to their physical or mental wellbeing, financial loss, or damage to their reputation.

The amendments in Part 5 of Schedule 2 create authorisations and exemptions for the collection, use, and disclosure of information for specified purposes, including protecting the integrity of health benefits schemes, protecting patient safety, law enforcement and certain government administration purposes. This will improve clarity for the person who is handling the information, so it will be easier to identify the relevant authorisation or exemption that applies to the specified purposes for which they are collecting, using or disclosing the information.

In these circumstances, it is appropriate that a person seeking to rely on an authorisation or exemption to use or disclose personal information should bear the burden of providing evidence that they had the relevant authorisation or exemption to do so. In most circumstances, it will be evidence that will be held by the person seeking to rely on the authorisation or exemption. To the extent that the reversal of the onus of proof limits the right to presumption of innocence, the limitation is reasonable, necessary and proportionate.

Right to privacy

Article 17 of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with their privacy, family, home, correspondence, nor to unlawful attacks on their honour and reputation. The right to privacy can be limited, however, to achieve a legitimate objective where the limitations are lawful and not arbitrary. The amendments engage the right to privacy, as they provide for the collection, use and disclosure of personal information, including health and financial information.

The right to privacy under Article 17 can be permissibly limited to achieve a legitimate objective and where the limitations are lawful and not arbitrary. The term 'unlawful' in Article 17 of the ICCPR means that no interference can take place except as authorised under domestic law. Additionally, the term 'arbitrary' in Article 17(1) of the ICCPR means that any interference with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the particular circumstances. The Human Rights Committee has interpreted 'reasonableness' to mean that any limitation must be proportionate and necessary in the circumstances.

The amendments in Part 5 of Schedule 2 include provisions which support the sharing of information, including personal information, that relates to the integrity of health benefits schemes, and the protection of individuals from risks arising from the provision of benefits and services under a Medicare program, as well as for certain government administration, law enforcement and integrity-related purposes.

The amendments in Part 5 of Schedule 2 also enable disclosure of Medicare Benefits Schedule and Pharmaceutical Benefits Scheme claims information to support departmental functions, including compliance, research, and policy development. These changes will facilitate a range of information exchange scenarios that are essential to the work that the department, and other agencies, undertake to protect the health system and deliver positive health and healthcare outcomes for Australians. These provisions engage, and may potentially limit, the right to privacy.

The amendments in Part 5 of Schedule 2 create authorisations for the collection, use, and disclosure of certain information under the Health Insurance Act, National Health Act and Dental Benefits Act 2008. These authorisations include:

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An authorisation for the collection, use and disclosure of certain information relating to Medicare programs for identified purposes. These purposes include protecting the integrity of health benefits schemes and ensuring the quality and safety of health services. They also include statistical analysis, medical research, research and development in relation to health, disability and aged care and development, analysis, administration and review of, and reporting related to, government policy and programs in relation to health, disability and aged care.

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An authorisation to allow information to be shared within and between Commonwealth departments and agencies that administer Medicare programs and those with related payment functions.

Together, the amendments address a present lack of consistency regarding how information can be shared across health benefits schemes which has impacted the extent to which the Department of Health, Disability and Ageing can effectively monitor, investigate and enforce compliance with requirements under health portfolio legislation.

The amendments in Part 5 of Schedule 2 limit the right to privacy to the extent that the authorisations may permit the use and disclosure of information relating to individuals. For example, the amendments limit the right to privacy by enabling the provision of information between officers and entrusted public officials for specified purposes. This could include disclosing information about a person's circumstances, the health services they have received, and details of complaints or allegations made by them about a practitioner providing benefits or services.

However, the authorisations only permit the collection, use and disclosure of relevant information in particular circumstances and for specified purposes – for example, where the collection, use or disclosure is for the purposes relating to the integrity or sustainability of a Medicare program, or the protection of a person from a risk in connection with the provision of a benefit or service under a Medicare program. Accordingly, the limitations to the right to privacy are connected to a legitimate objective and proportionate to the purpose of providing safe and high-quality services to individuals accessing services under a Medicare program.

There are a range of safeguards that ensure the right to privacy for individuals is not unduly restricted as a result of these changes. Specifically, as identified above, information may only be used or disclosed for specific purposes, including the integrity and sustainability of Medicare and in respect of the safety of those individuals that access services under Medicare programs.

Unauthorised use or disclosure of protected information will attract criminal penalties. Information obtained under the amendments will be handled in accordance with the limitations placed on the use and disclosure of information under the amendments, the Privacy Act, and any other applicable Commonwealth, State or Territory legislation. To ensure that the collection of information under these provisions, and any subsequent use, or disclosure of such information, is reasonable, necessary and proportionate, the Department of Health, Disability and Ageing has commenced the process of obtaining a privacy impact assessment (PIA) in relation to the proposed measures.

The disclosure of information within and between Commonwealth departments and relevant agencies is further subject to the following safeguards against arbitrary interference with privacy:

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The authorisations only enable information to be used or disclosed for specific purposes, including for the purpose of the integrity or sustainability of a Medicare program or to protect a person accessing or seeking to access services or benefits from a risk.

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Any other disclosure of the information must be to an agency within the meaning of the Privacy Act with functions related to a specific purpose, the protection of the public revenue or an integrity purpose.

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Certain information shared would be subject to the protections set out in the amendments, as well as the general protections under the Privacy Act.

In order to support the appropriate use of information which may impact the right to privacy, the amendments provide that it is an offence, punishable by a criminal penalty, to use or disclose information other than as authorised.

The intention of these amendments is to enable Commonwealth departments and agencies to obtain and share information to better carry out their respective functions more efficiently. This includes improving the ability to acquire information necessary to determining the appropriateness or otherwise of payments, and to respond promptly to risks involving health practitioners.

The amendments in Part 5 of Schedule 2 achieve a balance between individual rights and the effective performance of the Department of Health, Disability and Ageing's functions in protecting the integrity of health schemes and associated health payments. There is a legitimate public interest in appropriate officers being able to collect, use and disclose information relevant to the integrity and sustainability of health benefits schemes and other purposes.

These changes are necessary to ensure that Commonwealth expenditure is well protected. The proposed information collection, and disclosure measures are reasonable, necessary and proportionate to a legitimate objective of protecting the integrity and ongoing sustainability of Medicare programs and public health programs, as well as the safety of health patients.

Right to freedom of expression

Article 19(2) of the ICCPR provides that everyone shall have the right to freedom of expression, including freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of their choice. Article 19(3) of the ICCPR provides that the exercise of the rights provided for in Article 19(2) carries with it special duties and responsibilities and may be restricted where provided by law and necessary to respect the rights or reputations of others, or for the protection of national security or of public order, or of public health or morals.

The amendments in Part 5 of Schedule 2 engage the right to freedom of expression, as they provide for certain restrictions on the collection, use and disclosure of personal information, as well as associated criminal offences for unauthorised use or disclosure.

These provisions are necessary for the protection of the rights and reputations of others, namely the right to privacy. The information covered by the amendments may include sensitive personal information, such as health or financial information. There are significant risks associated with unauthorised use or disclosure of a person's information, for example, potential harm to their physical or mental wellbeing, financial loss, and damage to their reputation. Due to these risks, it is appropriate that use and disclosure of this information is only allowed for specified purposes, including the integrity and sustainability of Medicare and in respect of the safety of people accessing services under Medicare programs.

The restrictions on collection, use and disclosure of information are reasonable, necessary and proportionate to a legitimate objective of protecting the right to privacy of the people to whom the information relates.

Conclusion

The amendments in Part 5 of Schedule 2 will improve the right to health and social security by strengthening the integrity of Australia's health benefits schemes, especially through improving the ability to identify and respond to Medicare fraud and non-compliance, and risks to patient safety. To the extent that these amendments may engage or limit the right to presumption of innocence, the right to privacy and the right to freedom of expression, it is reasonable, proportionate and for the legitimate purpose of administering health benefits schemes more effectively and expanding the right to health and social security.

By introducing a mechanism to address non-operational approved pathology collection centres, the amendments will improve access to pathology services and thereby support the right to health.

In maintaining a high level of quality in the supply of pharmaceutical benefits, the amendments will support the right of all Australians to the highest attainable standard of physical and mental health as required by Article 12 of the ICESCR.

The amendment will have a beneficial impact on human rights by expanding access to diagnostic imaging services and promoting the rights to health contained in the relevant conventions.

Schedule 3: Amendments to reduce regulatory burden

Overview

Schedule 3 makes amendments to reduce the regulatory burden on Australians and businesses. The amendments in Schedule 3 that engage, or may engage human rights are to:

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Enable marriage celebrants to use digital methods of verifying the identity of parties to a marriage (as prescribed by the regulations).

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Strengthen information sharing between regulators of offshore energy regulators.

Summary of human rights implications

This Schedule engages, or may engage, the following rights:

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Article 17 of the ICCPR: The right to privacy.

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Article 23(2) of the ICCPR: The right to marry.

Human rights implications in detail

Right to marry

Part 2 of Schedule 3 to the Bill amends subsection 42(1) of the Marriage Act 1961 (the Marriage Act) to allow for regulations to prescribe, for the purpose of a marriage celebrant solemnising a marriage, identification material that contains the date and place of birth of a party to the marriage. This will enable marriage celebrants to utilise modern forms of digital identification (once prescribed) when solemnising a marriage and eliminate the need for parties to a marriage to produce physical copies of their identification documents.

This amendment engages Article 23(2) of the ICCPR, which provides that "The right of men and women of marriageable age to marry and to found a family shall be recognized". The amendments to subsection 42(1) of the Marriage Act promote this right by eliminating a barrier to entering a marriage.

Right to privacy

Part 3 of Schedule 3 amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to provide the National Offshore Petroleum Titles Administrator (NOPTA), the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) and the relevant Department with improved information sharing powers in the event of a significant offshore petroleum incident (as defined by the Act) or other serious incident.

The amendments will also provide NOPTA with greater ability to share information within the Commonwealth to support the administration of listed Commonwealth legislation administered by other departments and agencies.

Article 17 of the ICCPR states that: "No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation". The relevant right engaged by this Part is the right to privacy, which is generally protected in Australia by the Privacy Act and other legislative restraints on government information collection and sharing. Information sharing under the amendments may therefore affect, and potentially limit, the right to privacy under Article 17 of the ICCPR.

NOPSEMA's functions encompass the regulation of occupational health and safety of persons engaged in offshore operations and offshore environmental management, including during a significant offshore petroleum incident, a declared oil pollution emergency or a greenhouse gas serious situation. Information which may be shared under the amendments proposed by Part 3 of Schedule 3 may include (depending on the circumstances) personal information as defined by the Privacy Act, though it will not exclusively be personal information. NOPTA has functions conferred on it under the Act in relation to the collection and management of offshore petroleum and greenhouse gas storage technical information and data.

To be permissible within the protections of Article 17 of the ICCPR, interference with privacy must be according to law and not be arbitrary. In order to not be arbitrary, any interference must be reasonable and necessary in the particular circumstances. Any interference must also be proportionate to the legitimate objectives it seeks to achieve. The offshore regulators are bound by the requirements of the Privacy Act and, as such, de-identify personal information prior to sharing offshore information or documentary information with relevant persons or agencies. This will continue under the expanded powers.

The Offshore Petroleum Incident Coordination Committee (OPICC), comprising of government representatives, is responsible for managing the Commonwealth's response to significant offshore petroleum incidents. The OPICC is intended to ensure a clear, organised response to protect lives, maintain continuity, and safeguard the environment and infrastructure. The OPICC does this by supporting effective communication and coordination between responding agencies. Timely and complete information is vital to this coordination function as, among other things, it is fed into the strategic tools used to map and respond to a situation. The information sharing proposed by the amendments would be used to support the operations of the OPICC.

Although the amendments broaden the information sharing powers available under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, they will also remain subject to existing legislative protections in that Act which apply to information shared. The amendments do not authorise unlimited information sharing. Where information sharing occurs it must be limited to an exercise of an agency's functions or powers under law, or for the purpose of executing a law, or for the purpose of managing or responding to a significant incident. The amendments furthermore do not displace the protections of the Privacy Act.

The Department of Industry, Science and Resources is reviewing the full potential impact these amendments may have on the right to privacy and the Privacy Act, and will commence a PIA as required. This assessment will form part of the department's long term risk management approach to sharing personal information under the amendments.

The amendments are intended to support the ability of government agencies, including State and Territory agencies, to respond to emergency situations and other serious incidents that occur on offshore petroleum and greenhouse gas storage facilities. They will increase the efficiency of some Commonwealth processes. It is not envisioned that it would be necessary to share personal information in many circumstances, rather it would be assessed on a case-by-case basis and personal details would generally be redacted or de-identified in these circumstances.

Conclusion

The amendments to enable marriage celebrants to utilise modern forms of digital identification (once prescribed) when solemnising a marriage promote human rights by eliminating a barrier to entering a marriage. Additionally, the expanded information sharing powers provided by the amendments to the Offshore Petroleum and Greenhouse Gas Storage Act are reasonable and proportionate in light of any limitation of the right to privacy provided by Article 17 of the ICCPR.

Schedule 4: Amendments to increase government efficiency and improve productivity

Overview

Part 6 of Schedule 4 amends the Fuel Security Act 2021 (Fuel Security Act) to provide a power for the Minister, via legislative instrument, to reduce the quantity of a minimum stockholding obligation (MSO) product (which includes gasoline, diesel, kerosene and products prescribed as MSO products by delegated legislation) that an entity must hold on specified obligation days. The MSO is an obligation on the fuel industry to hold a minimum quantity of transport fuels which are vital for the Australian economy to properly function.

The amendment made by Part 6 of Schedule 4 will provide a more calibrated mechanism for the Minister to respond to fuel supply shortfalls that would not otherwise engage the protections in the Fuel Security Act.

Amendments in Part 8 of Schedule 4 that have the potential to engage human rights include:

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Introducing to the Social Security Act rounding (to the nearest cent) of the maximum rent assistance rate for single recipients of certain social security payments who are sharing accommodation.

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Harmonising CPI indexation of income and asset thresholds under the Social Security Act to ensure consistent use of the "previous highest" method of indexing rather than the "most recent" quarter methodology which is currently used for certain items.

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Extending the pensioner concession card retention period for parenting payment (single) recipients from 24 weeks to 26 weeks, rather than requiring the issue of a health care card (HCC) for the final 2 weeks, as is current practice.

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Ensuring that a person can only participate in the home equity access scheme (currently prescribed as the pension loans scheme) under either the Social Security Act or the Veterans' Entitlements Act 1986 (Veterans' Entitlements Act), and to ensure a person may not receive more than one home equity access scheme (HEAS) loan at a time under the Social Security Act.

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Aligning the Veterans' Entitlements Act to the Social Security Act to ensure the methodology of calculating rent assistance (RA) for couples where both members of the couple receive RA is the same between both Acts.

Summary of human rights implications

Article 11 of the ICESCR; the right to an adequate standard of living.

Article 9 of the ICESCR; the right to social security.

Human rights implications in detail

Right to an adequate standard of living

Part 6 of Schedule 4 engages the right to the enjoyment of the highest attainable standard of living in Article 11 of the ICESCR. Article 11 relevantly states "The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions".

The fuels which are subject to the MSO are vital energy sources for the Australian economy and community broadly. They are used in key logistics systems to supply goods and services to the community and are vital to maintaining important public services including transport and health care. These amendments will provide additional flexibility to ensure the critical sectors of the Australian economy have adequate supplies of vital fuels. In doing so, the amendments enhance continued abundant access to the goods and services that support the standards of living all Australians enjoy.

Right to social security

The amendment to the Social Security Act to introduce rounding (to the nearest cent) of the maximum rent assistance rate for single recipients of certain social security payments who are sharing accommodation engages the right to social security in Article 9 in the ICESCR. However, it is a minor technical change to clarify the legislative basis for existing practice and ensure consistency across the calculation of rates of rent assistance under the Social Security Act.

The amendment would formally affect the calculation of the maximum single sharer's rate of rent assistance for relevant recipients, although no actual change to payment amounts or entitlements is expected, therefore this change does not substantively promote or limit this right.

The amendment to harmonise CPI indexation of income and asset thresholds under the Social Security Act to ensure consistent use of the "previous highest" method of indexing rather than the "most recent" quarter methodology also engages the right to social security. The "most recent" quarter method, which is to be removed, risks overcompensating recipients if prices fall and later rise, distorting the intended maintenance-only function of indexation.

While the amendments may limit future payments in comparison with the status quo approach to indexation, the amendment intends to correct an inconsistency across the two indexation methods and ensure the maintenance-only function of indexation which supports the long-term sustainability of the social security system.

To the extent the amendment engages this right, it could be considered to limit the right or be a retrogressive measure. However, it is reasonably justified by the need to achieve the legitimate objective of ensuring the long-term sustainability of the social security system and ensuring consistent indexation of income and asset thresholds.

The amendment to extend the pensioner concession card retention period for parenting payment (single) recipients from 24 weeks to 26 weeks, rather than requiring the issue of a HCC for the final 2 weeks, engages the right to social security as it would remove unnecessary administrative steps in issuing and then cancelling short-term health care cards which complicate the administration of the social security system.

As this change would neither limit nor expand access to social security, but merely simplify the administration of the social security system, this change does not substantively promote or limit this right.

The amendment to ensure a person may not receive more than one HEAS loan at a time engages the right to social security in Article 9 in the ICESCR. This is because it will restrict the extent to which individuals who may have previously been eligible for multiple HEAS loans, or a higher rate of HEAS payments, can access social security benefits. While it was never intended that an individual could be eligible for multiple loans across both Acts, it is nevertheless the case that the amendment would limit the access to Social Security to which some people may currently be eligible.

To the extent that this amendment limits the right to social security it is reasonably justified by the need to achieve the legitimate objective of ensuring the long-term sustainability of the social security system and better reflect the original policy intent of the program.

The amendment to align the Veterans' Entitlements Act to the Social Security Act to ensure the methodology of calculating RA for couples where both members of the couple receive RA is the same between both Acts. This amendment engages the right to social security in Article 9 in the ICESCR as it will change the amount paid to current recipients of rent assistance under the Veterans' Entitlements Act.

To the extent it engages this right it could be considered to limit the right. However, affected entitlement recipients will not see any reduction in their payments, as the change, when implemented, will occur alongside the legislated indexation point and the increase in rate due to indexation will be greater than the 10 cent per fortnight reduction which the amendment would entail.

Conclusion

The proposed amendments in this Schedule are compatible with human rights because any limitations are reasonable for the legitimate purpose of ensuring the long-term sustainability of the social security system.

Schedule 5: Other amendments

Overview of the Schedule

Schedule 5 contains minor and technical amendments which clarify the operation of legislation. The amendment in this Schedule which engages, or may engage, human rights is to clarify employment income attribution provisions of the Social Security Act.

Summary of human rights implications

This Schedule engages, or may engage, the following rights:

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Right to social security in Article 9 of the ICESCR

Detailed human rights implications

Right to social security

The amendment to clarify employment income attribution provisions of the Social Security Act engages the right to social security in Article 9 in the ICESCR. The amendment prescribes that employment income attributed to a social security pension or benefit recipient under relevant provisions continues to be attributed to the person for the duration of the attributed income period as worked out under subsections 1073A(2), 1073B(2) or 1073BA(2) of the Social Security Act.

Conclusion

Given the amendment operates to clarify the legal basis for the intended operation of the employment income attribution provisions, this change does not substantively promote or limit this right.

Compatibility of the Bill with Human Rights – Conclusion

The Regulatory Reform Omnibus Bill 2025 will boost government efficiency and enhance government service delivery. The Bill makes minor amendments to, or repeals, 30 primary Acts aiming to keep regulatory settings fit-for-purpose.

For the reasons outlined in this statement, this Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act.