Human Services Legislation Amendment Act 2011 (32 of 2011)
Schedule 2 Amendment of the Commonwealth Services Delivery Agency Act 1997
Part 1 Amendments
Commonwealth Services Delivery Agency Act 1997
48 Section 40
Repeal the section, substitute:
40 Centrelink programs
(1) For the purposes of a law of the Commonwealth, the following are centrelink programs :
(a) services, benefits, programs or facilities, where:
(i) the Chief Executive Centrelink is; or
(ii) Departmental employees are;
involved in the provision of the services, benefits, programs or facilities; or
(b) services, benefits, programs or facilities specified in a legislative instrument made by the Minister for the purposes of this paragraph.
(2) However, the following are not centrelink programs :
(a) medicare programs;
(b) services, benefits, programs or facilities that are provided for under:
(i) the Child Support (Assessment) Act 1989; or
(ii) the Child Support (Registration and Collection) Act 1988; or
(c) services, benefits, programs or facilities that are specified in a legislative instrument made by the Minister for the purposes of this paragraph.
(3) For the purposes of paragraph (1)(a), a person is taken to be involved in the provision of services, benefits, programs or facilities if the person’s duties include:
(a) making payments in connection with the services, benefits, programs or facilities; or
(b) making decisions in connection with the services, benefits, programs or facilities; or
(c) collecting information in connection with the services, benefits, programs or facilities; or
(d) providing information about the services, benefits, programs or facilities.
40A Multiple secrecy provisions
Scope
(1) This section applies to particular information if:
(a) the information is subject to a regulatory regime under a designated program Act (the first program Act ); and
(b) the information is also subject to a regulatory regime under another designated program Act (the second program Act ).
For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act.
Disclosure or use of information etc.
(2) If:
(a) the Secretary, the Chief Executive Centrelink or a Departmental employee:
(i) discloses the information; or
(ii) uses the information; or
(iii) makes a record of the information; and
(b) the Secretary, the Chief Executive Centrelink or the Departmental employee, as the case may be, does so without contravening the first program Act;
the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act.
Definitions
(3) In this section:
designated program Act means:
(a) the A New Tax System (Family Assistance) (Administration) Act 1999; or
(b) the Aged Care Act 1997; or
(c) the Child Support (Assessment) Act 1989; or
(d) the Child Support (Registration and Collection) Act 1988; or
(e) the Dental Benefits Act 2008; or
(f) the Disability Services Act 1986; or
(g) the Health Insurance Act 1973; or
(h) the Medical Indemnity Act 2002; or
(i) the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010; or
(j) the National Health Act 1953; or
(k) the Paid Parental Leave Act 2010; or
(l) the Private Health Insurance Act 2007; or
(m) the Social Security (Administration) Act 1999; or
(n) the Student Assistance Act 1973; or
(o) an Act specified in a legislative instrument made by the Minister for the purposes of this paragraph.
disclose means disclose, divulge or communicate.