Explanatory Memorandum
(Circulated by authority of the Minister for Health, The Hon Sussan Ley MP)SCHEDULE 1 - Amendments commencing 1 January 2016
A New Tax System (Family Assistance) Act 1999
1. Subsection 3(1) definition of recognised immunisation provider
The definition of a 'recognised immunisation provider' within the Act is to be repealed and replaced to include reference to the Australian Immunisation Register Act 2015.
This amendment will clarify that the definition of a 'recognised immunisation provider' used has the same meaning as the definition used in the Australian Immunisation Register Act 2015.
Child Support (Registration and Collection) Act 1988
2. Subsection 16AB(3) (After paragraph (c) of the definition of a designated program Act
The Australian Immunisation Register Act 2015 is to be included in the definition of designated program Act in the subsection 16AB(3) to allow current administration practises described within the Child Support (Registration and Collection) Act 1988 to continue to apply under the new legislation.
Freedom of Information Act 1982
3. Schedule 3
This amendment will allow information in the Register to be exempt from disclosure under section 38 of the Freedom of Information Act 1982 in response to a freedom of information request.
Currently the information in the Registers is protected from disclosure under the relevant secrecy provisions (Subsection 130(1) of the Health Insurance Act 1973 for the Australian Childhood Immunisation Register (ACIR) and subsection 135A(1) of the National Health Act 1953 for the National Human Papilloma virus Vaccination Program Register (HPV Register)(secrecy provisions). The secrecy provisions are specified in Schedule 3 of the Freedom of Information Act 1982 and therefore information in the Registers is exempt from disclosure under section 38 of the FOI Act in response to a freedom of information request.
In order to maintain the exemption from disclosure under the Freedom of Information Act 1982 the legislation requires amendment to Schedule 3 of the Act to include the offence provision in the proposed legislation.
Healthcare Identifiers Act 2010
4. Section 5 (definition of Australian Childhood Immunisation Register)
The Healthcare Identifiers Act 2010 will be amended to repeal the definition of the Australian Childhood Immunisation Register (ACIR) which links to the Health Insurance Act 1973 and refer to the register operated under the Australian Immunisation Register Act 2015. This provision will allow vaccination information recorded in the ACIR Register to be transferred to an individual's Personally Controlled Electronic Health Record (PCEHR) if they have consented for the information to be uploaded to the PCEHR. It will facilitate use and disclosure of healthcare identifiers for the purposes of the Register and this disclosure will not be an offence under 26 of the Healthcare Identifiers Act 2010.
Health Insurance Act 1973
5. Part IVA
This clause will repeal Part IVA of the Health Insurance Act 1973 in its entirety. This part of the Health Insurance Act 1973 provides for the operation of the Australian Childhood Immunisation Register (ACIR). The legislative powers for the ACIR will be transitioned to the new Australian Immunisation Register Bill 2015 effective 1 January 2016.
6. Subsections 130(3B), (3C), (3D), (3E), (3F) and (3G)
The subsections of 130 mentioned are to be repealed on the commencement of the Australian Immunisation Register Bill 2015 effective 1 January 2016. These provisions within the Health Insurance Act 1973 create offences specifically relating to the handling of information on the Australia Childhood Immunisation Register. The offence provisions describe the generated offence in relation to the unauthorised disclosure of personal or sensitive information. The new Australian Immunisation Register Act 2015 has offence provisions that will replace these provisions.
7. Subsection 130(5F)
Within this subsection a provision is to be inserted that will allow information that is acquired under the Health Insurance Act 1973 to be disclosed to the Register kept under Part 2 of the Australian Immunisation Registers Act 2015. Medicare information retained under the Health Insurance Act 1973 needs to be disclosed to the Register to allow the Register to continue to operate as it currently does. This provision will facilitate the transfer of personal information from the Medicare database to the Register and create an exception to the offence under 130 of the Health Insurance Act 1973.
8. and 9. Subsection 130(11) and 130 (13)
Specific reference to 46E of the Health Insurance Act 1973 is to be omitted from subsections 130(11) and 130(13). From 1 January 2016, the 46E provision residing under Part IVA-, the Australian Childhood Immunisation Register is to be repealed.
Human Services (Centrelink) Act 1997
10. Subsection 40A(3) (after paragraph (b) of the definition of designated program Act)
The Australian Immunisation Register Act 2015 is to be included in the definition of designated program Act within subsection 40A(3) to allow current administration practises described within the Human Services (Centrelink) Act 1997 to continue to apply under the new legislation.
Human Services (Medicare) Act 1973
11. Subsection 43A(3) (after paragraph (b) of the definition of designated program Act)
The Australian Immunisation Register Act 2015 is to be included in the definition of designated program Act within subsection 43A(3) to allow current administration practises described within the Human Services (Medicare) Act 1973 to continue to apply under the new legislation.
National Health Act 1953
12. Subparagraph 9BA(6)(a)(iii)
Section 9BA(6) of the National Health Act 1953 currently specifies that information in the HPV Register can be disclosed to a prescribed body, as defined in Part IVA of the Health Insurance Act 1973. This will amend the paragraph to refer to a prescribed body within the meaning of the Australian Immunisation Register Act 2015.
13. Paragraph 135(5C)(c)
Within this paragraph omission of the "powers; or" and substitute to "powers".
14. Paragraph 135 (5C)(d)
Specific reference to the HPV Register is made in this paragraph and is no longer required as 9BA will be repealed.