Regulatory Reform Omnibus Act 2025 (73 of 2025)

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

Part 2   Enhancing use and adoption of healthcare identifiers

Division 6   Data standards

Healthcare Identifiers Act 2010
51   After Part 5

Insert:

Part 5AA - Data standards

31AB Simplified outline of this Part

The Secretary may make data standards about health information and other clinical data.

31AC Making data standards

(1) The Secretary may, by writing, make, for publication on the internet under section 31AD, one or more data standards about each of the following matters:

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

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

(c) the interoperability of clinical or health information management systems;

(d) health or clinical terminology;

(e) the implementation of data standards;

(f) any other matter prescribed by the regulations for the purposes of this paragraph.

Complying with determinations when making data standards etc.

(2) The Secretary must comply with any determination in force under section 31AE when making a data standard (including a data standard varying or revoking a data standard), including complying with any related requirements specified in such a determination about:

(a) approval; or

(b) consultation; or

(c) the formation of committees, advisory panels and consultative groups.

Note: The determination could, for example, require a proposed data standard to be approved by a specified person or body before it is made.

(3) Without limiting subsection (2) of this section, the Secretary must make, under subsection (1), a data standard about a particular matter mentioned in subsection (1) if a determination in force under section 31AE so requires.

Consultation with Health Chief Executives Forum

(4) Before the Secretary makes a data standard under subsection (1), the Secretary must consult the Health Chief Executives Forum.

(5) Subsection (4) does not limit the Minister's power to determine additional requirements about consultation under section 31AE.

Data standards are not legislative instruments

(6) A data standard made under subsection (1) of this section is not a legislative instrument.

31AD Data standards must be published on internet

The Secretary must publish on the internet each data standard made under subsection 31AC(1).

Note: Once published, the data standards will be available for free.

31AE Requirements for making data standards

The Minister may, by legislative instrument, determine:

(a) requirements relating to making a data standard (including a data standard varying or revoking a data standard); or

(b) any other matters that the provisions of this Part provide may be specified, or otherwise dealt with, in a determination made under this section.

31AF Application of the Acts Interpretation Act 1901

The Acts Interpretation Act 1901 applies in relation to the power to make a data standard under subsection 31AC(1) of this Act in the same way as the Acts Interpretation Act 1901 applies in relation to a power to make an instrument of an administrative character (other than a legislative instrument, a notifiable instrument or a rule of court).