Bills Digest no. 119 2009–10
Healthcare Identifiers (Consequential
Amendments) Bill 2010
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Concluding comments
Contact officer & copyright details
Passage history
Healthcare Identifiers (Consequential
Amendments) Bill 2010
Date introduced: 10 February 2010
House: House of Representatives
Portfolio: Health and Ageing
Commencement: Sections 1–3: on Royal Assent; Schedule 1 and Schedule 2
Part 1: at the same time as the Healthcare Identifiers Act 2010 commences; Schedule 2 Part 2: the later of immediately after the commencement
of item 26 of Schedule 5 to the Personal Property Securities (Consequential Amendments)
Act 2009 and immediately after the commencement of the Healthcare Identifiers
Act 2010.
Links: The relevant links to the Bill, Explanatory Memorandum
and second reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/. When Bills have been passed they can
be found at ComLaw, which is at http://www.comlaw.gov.au/.
The purpose of this Bill is to make minor amendments to the Health
Insurance Act 1973 and the Privacy Act 1988 to ensure that the
Healthcare Identifiers Service to be established under the Healthcare
Identifiers Bill 2010 (once enacted) operates efficiently and correctly.
Amendments to the Health Insurance Act 1973 will authorise
the Chief Executive Officer (CEO) of Medicare Australia to delegate functions
to officers of that organisation to support the day-to-day operation of the
Healthcare Identifier Service.
Amendments to the Privacy Act 1988 will enhance the
functions of the Privacy Commissioner as the independent regulator of the
Healthcare Identifiers Service.
Detailed information on the policy background
and issues raised in relation to the Healthcare Identifiers Service are
discussed in the Bills Digest prepared for the principal Bill dealing with the national
system, the Healthcare Identifiers Bill 2010.
On 24 February 2010 the Healthcare Identifiers Bill 2010 and
the Healthcare Identifiers (Consequential Amendments) Bill 2010 were referred
to the Community
Affairs Legislation Committee for inquiry and report by 15 March 2010.
Reason stated for referral and principal issues for
consideration:
- privacy safeguards in the Bill
- operation of the Healthcare Identifier Service, including access
to the Identifier
- Relationship to national e-health agenda and electronic health
records
It is expected that submissions on the Bills will be
received from:
- Australian Medical Association
- Royal Australasian College of General Practitioners
- National e-Health Transition Authority
- Australian Nursing Federation,
- Australian Information Industry Association
The Healthcare Identifiers Service will be
funded to 30 June 2012 as part of $218 million allocated by the Council of
Australian Governments to the National E-Health Transition Authority (NEHTA) in
November 2008.[1]
Under the National Partnership Agreement on E-Health, funding is contributed
to by the Commonwealth and the states and territories.[2]
NEHTA has allocated $52.02 million to fund
the operation of the Healthcare Identifiers Service by Medicare Australia for
2010–11 and 2011–12.[3]
In addition, the Commonwealth has provided
funding of $0.5 million for 2010–11 and 2011–12 to the Office of the Privacy
Commissioner to provide regulatory oversight and advice on the introduction of
healthcare identifiers.
Funding for the Healthcare Identifiers
Service from 30 June 2012 will be determined through discussion between the
Commonwealth, states and territories. 
There are two Schedules to this Bill.
Schedule 1
Item 1 of Schedule 1 will amend the Health Insurance Act 1973 subsection 131(1) in relation to delegation
powers held by the Minister, the Secretary of the Department of Health and
Ageing and the Chief Executive Officer (CEO) of Medicare Australia to include
the Health Care Identifiers Act 2010. This will allow the CEO of
Medicare Australia to delegate functions associated with the operation of the
Healthcare Identifiers Service to officers of that organisation.
Schedule 2 Part 1
Schedule 2 Part 1 proposes to
amend the Privacy Act 1988. Schedule 2 Part 1 (items 1–3) Section
6(1) of the Privacy Act as follows to:
- include ‘service operator of the Healthcare Identifiers Act in
the existing definition of ‘agency’
- insert the new term ‘healthcare identifier’ to mean the same as
in the Healthcare Identifiers Act and
- insert the new term ‘healthcare identifiers’ offence to mean
- an offence against section 26 of the Healthcare Identifiers Act or
- an offence against section 6 of the Crimes Act 1914 that
relates to an offence under section 26 of the Healthcare Identifiers Act 2010.
Item 4 proposes to add a note to section 13 stating that
contravention of the Healthcare Identifiers Act or regulations made under the
Act is an interference with the privacy of the individual and is covered under section
13 of that Act.
Additional powers to Privacy Commissioner
The Bill proposes to insert a new section 27A to identify
additional functions for the Privacy Commissioner in relation to healthcare
identifiers.
Item 5 proposes that these will be:
- to investigate an act or practice that may be an interference with
the privacy of an individual under subsection 29(1) of the Healthcare
Identifiers Act 2010 and, if the Commissioner considers it appropriate to
do so, to attempt by conciliation, to effect a settlement of the matters that
gave rise to the investigation
- to do anything incidental or conducive to the performance of that
function.
Proposed subsection 27A(2) will enable the Privacy Commissioner
to do all things that are necessary or convenient to be done for or in
connection with the performance of the Commissioner’s functions under
subsection (1).
Proposed subsection 27A(3) provides that Section 38
(severability) of the Healthcare Identifiers Act applies to this section in the
same way as it applies to Parts 3 and 4 of that Act.
Item 6 will make technical amendments to recognise
the insertion of section 27A.
Item 7 proposes to amend subsection 49(1) by adding
‘healthcare identifier offence’ to the types of offences which in the
commissioner’s opinion have been committed. The commissioner would have formed
such an opinion during the course of an investigation under section 340 of the
Privacy Act. Where the commissioner forms this opinion, he or she must inform
the Commissioner of Police or the Director of Public Prosecutions of that
opinion.
Schedule 2 Part 2
Schedule 2 Part 2 (items 8 to 11) will insert minor amendments
to the Privacy Act contingent on the Personal Property Securities
(Consequential Amendments) Act 2009 which has yet to commence operation.
Concluding
comments
This Bill contributes to the government strategy to
establish a single national healthcare identifier system for patients,
healthcare providers and healthcare facilities by making minor amendments to
existing Acts. These amendments are intended to ensure that a Healthcare
Identifiers Service, to be established under the Healthcare Identifiers Bill
2010, operates efficiently and appropriately.
.
Rhonda Jolly
26 February 2010
Bills Digest Service
Parliamentary Library
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