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.