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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
NATIONAL OCCUPATIONAL RESPIRATORY DISEASE REGISTRY BILL
2023
NATIONAL OCCUPATIONAL RESPIRATORY DISEASE REGISTRY
(CONSEQUENTIAL AMENDMENTS) BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of the Assistant Minister for Health and Aged Care, the Hon
Ged Kearney MP).
NATIONAL OCCUPATIONAL RESPIRATORY DISEASE REGISTRY BILL
2023
NATIONAL OCCUPATIONAL RESPIRATORY DISEASE REGISTRY
(CONSEQUENTIAL AMENDMENTS) BILL 2023
OUTLINE
National Occupational Respiratory Disease Registry Bill 2023
The National Occupational Respiratory Disease Registry Bill 2023 will create a
legislative framework for the establishment and ongoing management of the National
Occupational Respiratory Disease Registry (the National Registry).
The National Registry will capture and share data on the incidence of respiratory
diseases thought to be occupationally caused or exacerbated, and their causative
agents and exposures to those causative agents. The National Registry will also
capture respiratory health data to aid the detection of new and emerging threats to
workers' respiratory health, inform incidence trends, and assist in targeting and
monitoring the effectiveness of interventions and prevention strategies.
The National Registry will require respiratory and occupational physicians to notify
diagnoses of occupationally caused silicosis, and will allow for the voluntary
notification of other occupational respiratory diseases. The voluntary notification of
other respiratory diseases thought to be occupationally caused or exacerbated will
assist in the early identification of new and emerging occupational risks to workers'
respiratory health.
The scope, design, contents and operation of the National Registry have been
determined with representatives from the peak medical professional bodies as well as
representatives from each State and Territory government.
National Occupational Respiratory Disease Registry (Consequential
Amendments) Bill 2023
The National Occupational Respiratory Disease Registry (Consequential
Amendments) Bill 2023 makes consequential amendments to existing federal
legislation in order to support the effective implementation of the National
Occupational Respiratory Disease Registry Bill 2023.
These amendments will protect against unnecessary intrusions on an individual's
privacy or commercial interests by ensuring that protected information provided to the
National Registry is unconditionally exempt from disclosure under the Freedom of
Information request.
1
Financial Impact Statement
The Australian Government established the National Dust Disease Taskforce (the
Taskforce) in July 2019 to develop a national approach to the prevention, early
identification, control and management of occupational dust diseases in Australia. The
operation of the Taskforce was supported by dedicated funding of $5.1 million over
two years from 2019-20, which included $1.6 million for the development of the
National Registry.
Funding of $2.4 million has been provided to operate the National Registry through to
2025-26.
2
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
NATIONAL OCCUPATIONAL RESPIRATORY DISEASE REGISTRY BILL
2023
NATIONAL OCCUPATIONAL RESPIRATORY DISEASE REGISTRY
(CONSEQUENTIAL AMENDMENTS) BILL 2023
These Bills are compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Overview of the Bills
The National Occupational Respiratory Disease Registry Bill 2023 (the Bill)
establishes the National Occupational Respiratory Disease Registry (the National
Registry). The National Registry will capture and share data on the incidence of
respiratory diseases thought to be occupationally caused or exacerbated, and their
causative agents, exposures and respiratory health data. This information will aid the
detection of new and emerging threats to workers' respiratory health, inform
incidence trends, and assist in targeting and monitoring the effectiveness of
interventions and prevention strategies.
The National Registry will require respiratory and occupational physicians to notify
diagnoses of occupationally caused silicosis, and will allow for the voluntary
notification of other occupational respiratory diseases. The voluntary notification of
other respiratory diseases thought to be occupationally caused or exacerbated will be
critical to the early identification of new and emerging occupational risks to workers'
respiratory health.
The National Occupational Respiratory Disease Registry (Consequential
Amendments) Bill 2023 (the Consequential Amendments Bill) deals with
consequential matters arising from the enactment of the Bill.
The Consequential Amendments Bill provides for an amendment to Schedule 3 of the
Freedom of Information Act 1982 (FOI Act). This amendment will add the offence for
unauthorised handling of protected information in clause 23 of the Bill to the list of
secrecy provisions recognised for the purposes of subsection 38(1) of the FOI Act.
Protected information for the purposes of the Bill includes information in the National
Registry that is personal information, workplace identifying information or
information that is commercial in confidence. The definition of protected information
also includes information derived from a record in the National Registry or from a use
or disclosure of protected information that was included in the National Registry.
Human rights implications
The Bill and the Consequential Amendments Bill engage the following rights:
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• Protection of privacy and reputation - contained in Article 17 of the International
Covenant on Civil and Political Rights (ICCPR).
• Right to health - contained in Article 12(1) of the International Covenant on
Economic, Social and Cultural Rights (ICESCR)).
• Right to a safe workplace - contained in Articles 4 and 8 and subparagraph (c) of
Article 11 of the International Labour Organization Convention No. 155
concerning Occupational Safety and Health and the Working Environment done at
Geneva on 22 June 1981); and the Protocol of 2002 to the Occupational Safety and
Health Convention 1981, made in Geneva on 20 June 2002.
Protection of privacy and reputation
Article 17 of the ICCPR prohibits arbitrary or unlawful interference with an
individual's privacy, family, home and correspondence. For interferences with
privacy not to be arbitrary, they must be reasonable in the particular circumstances.
Reasonableness, in this context, incorporates notions of proportionality to the end
sought and necessity in the circumstances.
The Bill engages Article 17 of the ICCPR by allowing the National Registry to
collect, record, use and disclose personal information for the purposes of the National
Registry.
Clause 12 of this Bill provides for the National Registry to include information about
an individual who has been diagnosed with, or is being treated for, an occupational
respiratory disease where the information is relevant to the purposes of the National
Registry as set out in clause 13. The Bill provides for two categories of information to
be notified to the National Registry, minimum notification information and additional
notification information. Minimum notification information is information that must
be supplied in order to notify the National Registry of an individual's diagnosis of an
occupational respiratory disease. Additional notification information is information
that can be supplied where the individual has provided consent.
The minimum notification information will include information identifying the
individual diagnosed with an occupational respiratory disease, the respiratory disease,
the individual's lung function, and the individual's belief as to where the last and
main exposures occurred. The minimum information will also include the industry,
occupation and main job task where the exposures are believed to have occurred.
Additional notification information will include relevant medical test results,
demographic and lifestyle information such as an individual's smoking history, and
details on each job where the individual believes they were exposed to a respiratory
disease-causing agent.
Clause 23 creates an offence for the handling of protected information, including
personal information, in a manner that is not authorised under Part 3 of the Bill, for
example under clauses 21 and 22.
4
Clause 21 outlines the circumstances in which protected information, may be handled
by, for example, a person who is an officer or employee of the Commonwealth, a
person engaged by the Commonwealth to perform work relating to the National
Registry, or by prescribed medical practitioners. Clause 22 authorises the disclosure to
and subsequent handling of protected information by prescribed Commonwealth
authorities and relevant State and Territory authorities.
The authorisations for the collection, recording, use and disclosure of protected
information are designed to ensure the National Registry enhances understanding of
the incidence of occupational respiratory diseases in Australia and to assist in
preventing future worker exposure to respiratory disease-causing agents.
The Bill includes provisions requiring that individual consent is to be obtained prior to
notifying the National Registry of a non-prescribed occupational respiratory diseases
(clauses 16 and 17), or additional information(clause 18).
For prescribed occupational respiratory diseases, the individual's consent is not
required for a prescribed medical practitioner to notify the National Registry of
minimum notification information where the prescribed occupational respiratory
disease was diagnosed after the commencement of the Act. However, consent is
required to notify the National Registry of additional notification information (clause
14) and the diagnosis of a prescribed occupational respiratory disease where the
diagnosis is made prior to the commencement of the Act (clause 15).
The Bill also provides for the National Registry to be notified of minimum
notification information for diagnoses of non-prescribed occupational respiratory
diseases, without the individual's consent in particular circumstances (subclause
16(2)). Notifications without consent under clause 16(2) can be made, if the diagnosis
occurs at or after the commencement of the Act, where the notification is made for the
purpose of complying with a requirement to notify the Commonwealth Chief Medical
Officer under a law of a State or Territory (subclause16(2)).
Clause 21 of the Bill details the specific circumstances where collecting, recording,
using or disclosing protected information will be authorised. The circumstances
include the handling of protected information:
• an officer or employee of the Commonwealth (or of a Commonwealth
authority), or a person engaged by the Commonwealth (or a Commonwealth
authority) to perform work for the purposes of the National Registry, where
the handling of protected information is undertaken for the purposes of the
National Registry (subclause 21(2)(a));
• a prescribed medical practitioner where the protected information is about a
diagnosis, or the progression, of an occupational respiratory disease for an
individual to provide healthcare to the individual for the occupational
respiratory disease (subclause 21(2)(b));
• a prescribed medical practitioner who has diagnosed or is treating an
individual for an occupational respiratory disease and is handling protected
information for the purposes of checking whether information about the
individual has been included in the National Registry (subclause 21(2)(c));
• a person who does so for the purposes of performing the person's functions, or
exercising the person's powers under this Bill (subclause 21(2)(d);
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• a person who is authorised to do so by or under a law of the Commonwealth or
of a State or Territory (subclause 21(2)(e));
• the Commonwealth Chief Medical Officer for the purposes of disclosing
information to an enforcement body where there is a reasonable belief the
information is reasonably necessary for, or directly related to, an enforcement
related activity (subclause 21(2)(f));
• a person who has received the protected information under clause 21, and
handling of that information, is consistent with the purpose for which the
information was disclosed to that person (subclause 21(2)(g));
• a person who does so for the purposes of court or tribunal proceedings, or in
accordance with an order of a court or tribunal (subclause 21(2)(h));
• where the person does so for the purposes of a coronial inquiry, or in
accordance with an order of a coroner (subclause 21(2)(i)).
Subclause 21(3) of the Bill does not allow for protected information to be disclosed
under subclause 21(2) for the purposes of research where:
• it identifies or could be used to identify the most recent workplace or main
workplace where the individual believes they were exposed to a respiratory
disease-causing agent; or
• if the information identifies or could be used to identify the prescribed medical
practitioner who made the notification about the individual; or
• the information is information of a kind that is prescribed in the rules.
Under subclause 21(4) of the Bill, the handling of protected information, that is also
personal information, for the purposes of research covered by the guidelines approved
under sections 95 or 95A of the Privacy Act 1988 will only be authorised where:
• the information is handled consistently with the requirements of the
guidelines; and
• the disclosure is not prohibited by subclause 21(3).
Under clause 22 of the Bill, the Commonwealth Chief Medical Officer, or a
contracted service provider, may disclose any minimum notification information, in
relation to an individual, that is protected information:
• by a Commonwealth authority prescribed by the rules where the disclosure is
for a purpose connected with the performance of a function, or exercise of a
power of the Commonwealth authority. It is intended the rules will prescribe
the Australian Bureau of Statistics and the Australian Institute of Health and
Welfare; or
• by a relevant State or Territory authority, for purposes referred to in
paragraphs 13(2)(a), (c), (d) or (f), where the individual resides in the State or
Territory, was diagnosed in the State or Territory, or was exposed to a
respiratory disease-causing agent in that State or Territory.
These limited authorisations ensure that personal information is only collected,
recorded, used or disclosed to and from the National Registry where the handling of
that information is undertaken consistently with the purposes of the National Registry,
or is otherwise authorised under clause 21 of the Bill.
6
Additional limited authorisations are also included in clause 26 of the Bill, which
enables the Commonwealth Chief Medical Officer to prepare, publish and disseminate
reports containing statistical and other information, in relation to information included
in the National Registry. Subclause 26(4) requires the Commonwealth Chief Medical
Officer to take reasonable steps to ensure any information made available under
clause 26 has been de-identified.
Clause 23 of the Bill prohibits the recording, use and disclosure of protected
information included in the National Registry outside the circumstances described
above and creates an offence which will apply to the unauthorised handling of
protected information. Persons who record, use or disclose protected information and
are not authorised to do so under Part 3 of the Bill will be subject to imprisonment for
two years or 120 penalty units, or both. These sanctions are designed to protect
privacy by ensuring protected information is not handled without authorisation.
Clause 24 of the Bill sets out exceptions which provide that the offence in clause 23
will not apply where protected information is:
• disclosed to a person (or their representative) and where the information is
about that person; or
• handled with the express or implied consent of the person to whom the
information relates (or their representative); or
• handled by the person to whom the information relates.
Clause 25 of the Bill sets out an exception to the offence in clause 23 in circumstances
where a person obtains protected information from another person and subsequently
discloses the information back to the person from whom it was obtained.
The authorisations and exceptions for the handling of protected information are
reasonable, appropriate and necessary to achieve the objectives of the Bill and give
effect to its purposes. The relevant clauses in Part 3 of the Bill adequately describe the
kinds of persons who require protected information from the National Registry to
achieve the objectives of the Bill or for other legitimate public interest purposes, such
as disclosure for the purposes of court or tribunal proceedings or in accordance with a
court or tribunal order. An individual will be able to withhold or withdraw consent to
the collection, recording, use or disclosure of any additional notification information,
information on non-prescribed occupational respiratory diseases, or information on
occupational respiratory diseases diagnosed prior to the commencement of the Act,
that is their personal information.
The purposes for which protected information can be handled under the Bill are a
reasonable and proportionate limitation on an individual's right to privacy. This is
because the relevant authorisations and exceptions facilitate the handling of protected
information for specific limited purposes directed at achieving the purposes of the
National Registry, facilitating disclosure to courts, tribunals or coronial inquiries, or
where required or authorised by law. The offence for unauthorised handling of
protected information provides a safeguard to protect against unlawful interference
with privacy.
The Consequential Amendments Bill engages Article 17 of the ICCPR by providing
for an amendment to Schedule 3 of the FOI Act to ensure information is protected by
7
the secrecy offence provision in clause 23 of the Bill will be unconditionally exempt
from disclosure due to the operation of section 38 of the FOI Act. This will protect
against unnecessary intrusions on an individual's privacy or commercial interests
Right to health
The Bill engages Articles 2 and 12 of the ICESCR by assisting the progressive
realisation of the right of everyone by all appropriate means to the enjoyment of the
highest attainable standard of physical and mental health. The Bill assists the
advancement of this human right by establishing the National Registry for the purpose
of supporting the identification of industries, occupations, job tasks and workplaces
where there is a risk of exposure to respiratory disease-causing agents to enable the
application of timely and targeted interventions and prevention activities to reduce
worker exposure and disease.
Initially, silicosis will be the only prescribed occupational respiratory disease as set
out in Recommendation 6.b. of the Final Report of the National Dust Disease
Taskforce. However, the Bill provides for other occupationally caused or exacerbated
respiratory diseases to be prescribed occupational respiratory diseases by the Minister,
after consultation with the Commonwealth Chief Medical Officer and State and
Territory authorities.
This ability to prescribe occupational respiratory diseases further to silicosis will
allow the National Registry to evolve to cater for new and emerging risks to
respiratory health of workers.
Right to a safe workplace
The Bill engages Articles 4 and 8 and paragraph (c) of Article 11 of the International
Labour Organization Convention No. 155 concerning Occupational Safety and Health
and the Working Environment; and the Protocol of 2002 to the Occupational Safety
and Health Convention 1981.
The Bill assists the advancement of this human right by establishing the National
Registry to support the identification of industries, occupations, job tasks and
workplaces where there is a risk of exposure to respiratory disease-causing agents to
enable the application of timely and targeted interventions and preventative activities,
including compliance and enforcement actions, to reduce further worker exposure and
disease. The Bill also provides for the disclosure of protected information to relevant
State or Territory authorities with functions relating to health, or occupational health
and safety, under subclause 22(3).
8
Conclusion
These Bills are compatible with human rights because they advance the protection of
human rights as outlined above and, to the extent that they may limit human rights,
those limitations are reasonable, necessary and proportionate.
The Hon Ged Kearney MP, Assistant Minister for Health and Aged Care.
9
NATIONAL OCCUPATIONAL RESPIRATORY DISEASE REGISTRY BILL
2023
NOTES ON CLAUSES
Part 1--Preliminary
Division 1--Preliminary
Clause 1 - Short Title
Clause 1 provides for the short title of the Act to be enacted by the Bill to be the
National Occupational Respiratory Disease Registry Act 2023.
Clause 2 - Commencement
Clause 2 sets out when the Bill commences. The table in subclause 2(1) provides that
the whole Act will commence on a day to be fixed by Proclamation. If the Act does
not commence within the period of 6 months beginning on the day the Act receives
the Royal Assent, the Act will commence on the day after the end of 6 months
following the Act receiving Royal Assent.
Clause 3 - Object of this Act
Clause 3 describes the object of the Bill, which is to create a National Occupational
Respiratory Disease Registry to record the incidence of occupational respiratory
diseases in Australia and to assist in preventing further worker exposure to respiratory
disease-causing agents.
Clause 4 - Simplified outline of this Act
Clause 4 provides a simplified outline of the Bill. While a simplified outline is
included to assist readers to understand the substantive provisions, the outline is not
intended to be comprehensive. It is intended that readers should rely on the
substantive provisions of the Act.
Clause 5 - Act binds the Crown
Clause 5 provides the Bill will bind the Crown, however, the Crown cannot be liable
to be prosecuted for an offence. Clause 5 operates in conjunction with subclause 31(4)
in relation to civil penalty provisions.
Clause 6 - Act extends to external Territories
This clause provides that the Bill extends to every external Territory. This is to ensure
that prescribed medical practitioners in the external territories are subject to the
obligations placed on such medical practitioners by this Bill.
Clause 7 - Concurrent operation of State and Territory laws
Subclause 7(1) clarifies that the Bill does not exclude the concurrent operation of state
and territory laws, to the extent those laws are consistent with the Bill and able to
operate concurrently with it.
10
Subclauses 7(2) ensures that a state or territory law that is capable of operating
concurrently under subclause 7(1) is not excluded or limited from operating
concurrently by the operation of this Bill to the extent:
• the state or territory law makes an act or omission an offence or subject to a
civil penalty; and
• that (or any similar) act or omission is also an offence or subject to a civil
penalty under the Bill.
Subclause 7(3) provides that subclause 7(2) applies even if the state or territory law
provides for penalties, fault elements, defences or exceptions that differ from those set
out in the Bill.
Division 2--Interpretation
Clause 8 - Definitions
This clause provides the definitions of key terms used within the Bill.
Clause 9 - Meaning of commercial-in-confidence
This clause sets out factors for the Minister to consider when deciding whether
information is commercial-in-confidence. For information to be commercial-in-
confidence, a person needs to demonstrate to the Minister that:
• the release of information would cause competitive detriment to the person;
and
• the information is not in the public domain; and
• the information is not disclosable or readily discoverable; and
• the information that is not required to be disclosed under a law of the
Commonwealth, or of a State or Territory.
This definition clarifies the meaning of the term commercial-in-confidence and sets
out the other kind of information, to apart from personal information and workplace
identifying information, will be subject to the offence clause in clause 23.
Part 2--National Occupational Respiratory Disease Registry
Division 1--Simplified outline of this Part
Clause 10 - Simplified outline of this Part
This clause provides a simplified outline of Part 2. While a simplified outline is
included to assist readers to understand the substantive provisions, the outline is not
intended to be comprehensive. It is intended that readers should rely on the
substantive provisions in the Bill.
Division 2--Establishment, contents and purpose
Clause 11 - Establishment of the National Registry
This clause sets an obligation for the Commonwealth to establish and keep the
National Registry, and an outline of how the National Registry is to be kept. The
Commonwealth will be the custodian of data in the National Registry.
11
Subclause 11(1) states that the Commonwealth must establish and keep a registry to
be called the National Occupational Respiratory Disease Registry.
Subclause 11(2) prescribes the National Registry may be kept by electronic means.
Subclause 11(3) allows for information within the National Registry to be
compartmentalised and to be called different names. This means that the relevant
information contained in the National Registry can be separated and categorised under
different titles. This will assist in protecting information from unnecessary disclosure.
Subclause 11(4) is included to assist the reader by clarifying that the National
Registry is not a legislative instrument within the meaning of subsection 8(1) of the
Legislation Act 2003. This is because the National Registry merely contains
information relating to individuals who have been diagnosed with or are being treated
for, an occupational respiratory disease. It does not determine or alter the law.
Clause 12 - Contents of the National Registry
This clause describes the types of information that may be included in the National
Registry in relation to individuals who have been diagnosed with, or are being treated
for, an occupational respiratory disease. The handling of protected information of the
kind referred to in clause 12 is a reasonable, necessary and proportionate approach to
achieving the policy objectives of this Bill, which is to identify and mitigate future
exposure to disease-causing agents that cause occupational respiratory diseases in
workers.
Subclause 12(1) sets out the different categories of the information that may be
included in the National Registry. These include:
• minimum notification information;
• additional notification information;
• any other information that is relevant for the purposes of the National Registry
and determined by the Commonwealth Chief Medical Officer under subclause
(4) for the purposes of this paragraph.
The distinction between the above categories is important as different obligations
arise in relation to different categories of information. For example, clause 14
provides that minimum notification information may be provided to the
Commonwealth Chief Medical Officer for inclusion on the National Registry without
the individual's consent. In contrast additional notification information may only be
included in the National Registry with the individual's consent.
Subclause 12(2) describes minimum notification information as information in
relation to an individual who has been diagnosed with, or is being treated for, an
occupational respiratory disease, is information that is
• relevant to the purposes of the National Registry; and
• determined by the Commonwealth Chief Medical Officer under subclause
12(4) for the purposes of subclause 12(2).
Subclause 12(3) provides that additional notification information about an individual
who has been diagnosed with, or is being treated for, an occupational respiratory
disease is information (other than minimum notification information) that is:
12
• relevant to the purposes of the National Registry, and
• is determined by the Commonwealth Chief Medical Officer under subclause
12(4) for the purpose of subclause 12(3).
For example, the National Registry will be able to include additional notification
information about an individual's relevant medical test results, demographic and
lifestyle information including their smoking history, and details on each job where
the individual believes that had an exposure to a respiratory disease-causing agent.
Subclause 12(4) provides the Commonwealth Chief Medical Officer with the
authority to determine, by legislative instrument:
• minimum notification information for the purpose of subclause 12(2);
• additional notification information for the purpose of subclause12(3);
• any other information for the purposes of paragraph 12(1)(c).
Clause 13 - Purposes of the National Registry
Clause 13 sets out the purposes of the National Registry and the relevant
constitutional bases supporting the purposes of the National Registry.
Paragraph 13(1)(a) provides that a purpose of the National Registry is to facilitate the
collection, storage, analysis and publication, by electronic means, of information
relating to the diagnosis and progression of occupational respiratory diseases in
Australia.
The National Registry will contain the categories of information set out in
subclause 12(1), and the specific kinds of information relevant to those categories,
determined under subclause 12(4), to support and fulfil the purposes set out in
clause 13.
Paragraph 13(1)(b) provides that a purpose of the National Registry is to facilitate the
collection, analysis and publication of statistics on occupational respiratory diseases in
Australia.
The National Registry will have a reporting capability that will facilitate online
reporting to authorised state and territory officers and respiratory and occupational
physicians. This will include standardised and self-service (de-identified) reporting;
ad hoc analytics; and identifiable (raw) data where the disclosure of protected
information is authorised under Part 3 of the Bill. The Bill also specifies under
clause 26 that the Commonwealth Chief Medical Officer must publish, as soon as
practicable after 30 June each year, annual statistics on the numbers and types of
disease notifications received. Subclauses 26(2) and (3) authorise the Commonwealth
Chief Medical Officer to prepare, disseminate and publish de-identified reports
containing statistical and other information relating to information in the National
Registry.
Statistical data and other information may be used to inform government policy,
identify emerging trends and support new policy initiatives and directions using
measurable indicators.
13
Paragraph 13(1)(c) provides that a purpose of the National Registry is facilitating the
provision of statistics on occupational respiratory diseases in Australia to states and
territories and to prescribed medical practitioners.
This paragraph reflects the ongoing role of states and territories in understanding
occupational respiratory diseases in their respective jurisdictions. Paragraph 13(1)(c)
also facilitates states and territories undertaking intervention and prevention activities
that will reduce further worker exposure.
Paragraph 13(1)(d) clarifies that the National Registry provides a benefit for the
nation by facilitating the monitoring of the incidence of occupational respiratory
diseases in Australia, and for taking preventative action.
The National Registry will provide the first ever national overview on the prevalence
and the types of occupational respiratory diseases in Australia, which will enable
preventative action to be taken to reduce further worker exposure and disease.
Paragraph 13(1)(e) provides the purposes of the National Registry also include any
activities that are incidental to the purposes set out under paragraphs 13(1)(a)-(d).
Paragraph 13(2)(a) provides that a purpose of the National Registry is to support the
process of identifying industries, occupations, job tasks and workplaces where there is
a risk of being exposed to respiratory disease-causing agents. This will enable the
application of timely and targeted interventions and prevention activities to reduce
further worker exposure and disease and assist with compliance and enforcement
activities for occupational health and safety matters.
Paragraph 13(2)(b) specifies that a purpose of the National Registry is to provide
prescribed medical practitioners with access to information included in the National
Registry for an individual who has been diagnosed with an occupational respiratory
disease, for the purpose of providing healthcare to that individual about the
occupational respiratory disease.
The National Registry will provide an online portal for respiratory and occupational
physicians to notify, view and edit notifications regarding occupational respiratory
diseases for their patients to assist in the provision of healthcare for that individual by
current and future treating physicians.
Paragraph 13(2)(c) provides that a purpose of the National Registry is to monitor the
quality and effectiveness of the policy and regulatory arrangements for occupational
and respiratory diseases. The National Registry facilitates this monitoring to assist in
informing and enhancing policy development, programs and decision-making for the
prevention of occupational respiratory diseases.
By providing a longitudinal picture of the prevalence and types of occupational
respiratory diseases in Australia, their disease-causing agents, and the exposures that
contributed to the diseases, the National Registry allows for the review and
enhancement of policies, programs and decision-making for the prevention of
occupational respiratory diseases.
14
Paragraph 13(2)(d) provides that a purpose of the National Registry is to facilitate the
planning, delivery and promotion of healthcare and associated services for
occupational respiratory diseases.
The National Registry will contribute to improved occupational respiratory disease
prevention by capturing and reporting on any diagnoses associated with an
occupational respiratory disease. The data collected will assist with the dissemination
of information to relevant recipients relating to the diseases and facilitate action to
mitigate the risk of exposure to respiratory disease-causing agents.
Paragraph 13(2)(e) provides that a purpose of the National Registry is to assist in
identifying individuals for participation in clinical trials or observational studies. By
capturing the demographic details of individuals with an occupational respiratory
disease and capturing updates to the progression of their disease, the National
Registry will be a valuable tool in assisting with the identification of suitable
individuals for participation in clinical trials and observational studies.
Paragraph 13(2)(f) provides that a purpose of the National Registry is to facilitate
research on occupational respiratory diseases, including research on the causes,
incidence, prevalence, nature, extent and trends of such diseases.
The Department of Health and Aged Care will ensure data held in the National
Registry serves the public interest by facilitating the disclosure of existing datasets for
research, community information, policy development and policy evaluation. Such
disclosures will be undertaken in a manner consistent with legal obligations to respect
privacy and will recognise the confidentiality of information that is commercial-in-
confidence. Any uses of protected information held in the National Registry for the
purpose of research must be in accordance with the Bill.
Where research requires protected information from the National Registry that
identifies, or could be used to identify individuals, and it is impracticable to obtain
individuals' consent and de-identified information would not achieve the purpose of
the research, researchers will be required to comply with the guidelines under sections
95, 95A or 95AA of the Privacy Act 1988 (as applicable) to obtain access to that
information. These guidelines, issued by the National Health and Medical Research
Council and approved by the Information Commissioner, provide a framework for
Human Research Ethics Committees to assess researchers' proposals to handle
personal information for the purposes of research.
Paragraph 13(2)(g) provides that a purpose of the National Registry also includes
activities that are incidental to the purposes of the National Registry as specified in
paragraphs 13(2)(a)-(f). This provision is included in the Bill to facilitate any actions
that are associated with the purposes set out under clause 13.
Subclauses 13(3), (4), (5) and (6) set out the different heads of power in the
Constitution that are relied upon to support the operation of the National Registry.
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Subclauses 13(3) and (4) reference the relevant international treaties upon which
subparagraphs 13(2)(a)(i)-(ii) and paragraphs 13(2)(b)-(g) of the Bill rely.
Subclauses 13(5) and 13(6) further outline the legislation powers for the provision of
medical services power, the executive power and matters incidental to the execution
of any legislative powers of the Commonwealth.
Division 3--Notifying information for the National Registry
Clause 14 - Notifying information about prescribed occupational respiratory
diseases--diagnosing prescribed medical practitioner
The legal obligation for prescribed medical practitioners to notify the Commonwealth
Chief Medical Officer will ensure the minimum notification information for
prescribed occupational respiratory diseases is mandatorily reported for inclusion in
the National Registry. Complete and accurate data will support the National Registry
in achieving its purposes.
Subclause 14(1) specifies that if a prescribed medical practitioner diagnoses an
individual with an occupational respiratory disease at or after the commencement of
the Act (and at the time of diagnosis the disease is a prescribed occupational
respiratory disease), the practitioner must notify the Commonwealth Chief Medical
Officer of the minimum notification information. The notification must be in the
approved form, and be made within the stipulated timeframe prescribed by the rules.
The medical practitioners who will fall within the definition of prescribed medical
practitioner will be set out in the rules. Initially this will be limited to those
practitioners with a medical speciality of respiratory and sleep medicine or
occupational and environmental medicine.
The prescribed medical practitioner may, with the consent of the individual, notify the
Commonwealth Chief Medical Officer of the additional notification information in
the approved form.
When a prescribed medical practitioner makes a notification about a patient to the
National Registry, they are required to enter their details including physician name,
specialty, practice name and contact details. This information is only required once,
and can be updated by the prescribed medical practitioner at any time. A privacy
notice will be made available to the prescribed medical practitioner at the time their
personal information is collected for inclusion in the National Registry. The patient
will also be provided with a privacy notice, by the prescribed medical practitioner,
about how their personal information will be handled once collected for the purposes
of the National Registry. The prescribed medical practitioner will need to confirm in
the notification that they obtained the patient's consent to collect on behalf of the
National Registry any personal information that is not authorised or required by the
law to be collected.
The National Registry operator will send an email to the notifying prescribed medical
practitioner in circumstances where the disease notified is not a respiratory disease.
Such notifications will also be sent in circumstance where the medical test report
16
attached by the prescribed medical practitioner is not a medical test report, is not for
the correct patient or is unreadable.
Subclause 14(2) provides the obligation to notify under subclause 14(1) does not
require the consent of the individual. With the potential that new threats to
occupational respiratory health may arise in the future, the Bill allows rules to expand
prescribed occupational respiratory diseases, noting initially this will be limited to
silicosis.
Subclause 14(3) provides that a person is liable to a civil penalty of 30 points if the
person contravenes subclause 14(1).
Subclause 14(4) specifies that section 93(2) of the Regulatory Powers (Standard
Provisions) Act 2014 does not apply to a contravention of subclause 14(1).
Subclause 14(5) states that a prescribed medical practitioner who notifies minimum
notification information for an individual under subclause 14(1) may, with the
individual's consent, also notify the Commonwealth Chief Medical Officer in the
approved form of the additional notification information for the individual, and/or any
other information for the individual determined by the Commonwealth Chief Medical
Officer under subclause 12(4).
Clause 15 - Notifying information about prescribed occupational respiratory
diseases--treating prescribed medical practitioner
Clause 15 applies to prescribed medical practitioners who are treating an individual
with a prescribed occupational respiratory disease where the practitioner may or may
not be the same prescribed medical practitioner who diagnosed the individual. This
clause will allow treating prescribed medical practitioners to notify the
Commonwealth Chief Medical Officer of the minimum notification information and
additional notification information for individuals who have been diagnosed before
the commencement of the Act, where the information is not already included in the
National Registry. Notifications under this clause can only be made where the
individual has consented. This clause also provides for the correction and updating of
information held in the National Registry.
If a prescribed medical practitioner has diagnosed an individual with a prescribed
occupational respiratory disease before the commencement of the Act, and the
minimum notification information for the individual has not been included in the
National Registry, subclause 15(1) provides that a prescribed medical practitioner
who is treating the individual for the disease may, with the consent of the individual,
notify the Commonwealth Chief Medical Officer of the minimum notification
information. The diagnosing and treating prescribed medical practitioners for the
purposes of subclause 15(1) may or may not be the same person.
Subclause 15(2) allows for a prescribed medical practitioner who is treating an
individual for a prescribed occupational respiratory disease that was diagnosed at or
after the commencement of the Act to notify the Commonwealth Chief Medical
Officer of the minimum notification information if the minimum notification
information for the individual is not already included in the National Registry The
diagnosing and treating prescribed medical practitioners for the purposes of subclause
15(2) may or may not be the same person.
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Subclause 15(3) provides that a prescribed medical practitioner who notifies
minimum notification information in relation to an individual under subclauses 15(1)
or (2) may, with the patient's consent, notify the Commonwealth Chief Medical
Officer of the additional notification information, or any other information determined
under subclause 12(4), for the purposes of paragraph 12(1)(c).
Subclause 15(4) allows for information included in the National Registry under clause
14 or this clause, for an individual who has been diagnosed with a prescribed
occupational respiratory disease to be corrected or updated by the prescribed medical
practitioner who is treating the individual in the circumstances described in subclause
15(5). The treating prescribed medical practitioner must do this by notifying the
Commonwealth Chief Medical Officer in the approved form.
Subclause 15(5) allows the prescribed medical practitioner to make minor or technical
changes to information held in the National Registry about a patient they are treating
without requiring that patient's consent. The prescribed medical practitioner may
make more substantive changes to information held in the National Registry about a
patient they are treating; however patient consent is required for changes that are not
minor or technical in nature.
Clause 16 - Notifying information about non-prescribed occupational
respiratory diseases--diagnosing prescribed medical practitioner
This clause makes provision for prescribed medical practitioners who diagnose an
individual with a non-prescribed occupational respiratory disease at or after the
commencement of the Act to notify the Commonwealth Chief Medical Officer of the
minimum notification information for the individual, where the individual provides
their consent. This will allow more information on occupational respiratory diseases
to be included in the National Registry and may inform policy considerations of
whether other occupational respiratory diseases should be prescribed.
Subclause 16(1) provides that, subject to clause 16(2), a prescribed medical
practitioner who diagnoses an individual with a non-prescribed occupational
respiratory disease at or after the commencement of the Act may, with the consent of
the individual, notify the Commonwealth Chief Medical Officer of the minimum
notification information for the individual.
Subclause 16(2) provides that a prescribed medical practitioner who diagnoses an
individual with a non-prescribed occupational respiratory disease at or after the
commencement of the Act may, notify the Commonwealth Chief Medical Officer of
the minimum notification information for that individual if it is for the purpose of
complying with a requirement under a law of a State or Territory. In these
circumstances the consent of the individual is not required.
Subclause 16(3) applies to a prescribed medical practitioner, who notifies minimum
notification information for an individual under subclause 16(1) or (2). In these
circumstances, subclause 16(3) provides for the practitioner, with the consent of the
individual, to also notify the Commonwealth Chief Medical Officer of some or all of
the additional notification information, or any other relevant information determined
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by the Commonwealth Chief Medical Officer under subclause 12(4) for the purposes
of paragraph 12(1)(c).
Clause 17 - Notifying information about non-prescribed occupational
respiratory diseases--treating prescribed medical practitioner
Clause 17 authorises treating prescribed medical practitioners to notify the
Commonwealth Chief Medical Officer of minimum notification information for
individuals who have been diagnosed with a non-prescribed occupational respiratory
disease, irrespective of when the diagnosis was made, where the information is not
already include in the National Registry. Notifications under this clause can only be
made where the individual has consented..
Subclause 17(1) provides that if an individual has been diagnosed with a non-
prescribed occupational respiratory disease, regardless of when the diagnosis was
made, and in circumstances where the minimum notification information for the
individual is not already included in the National Registry, a treating prescribed
medical practitioner may, with the consent of the individual, notify the
Commonwealth Chief Medical Officer of the minimum notification information.
Subclause 17(2) applies to a prescribed medical practitioner who notifies minimum
notification information for an individual under subclause 17(1). Subclause 17(2)
provides that the practitioner, may, with the individual's consent, notify the
Commonwealth Chief Medical Officer of some or all of the additional notification
information, or any other relevant information for the individual determined under
subclause 12(4) for the purposes of paragraph 12(1)(c).
Subclause 17(3) allows for information included in the National Registry under clause
16 or this clause, for an individual who has been diagnosed with a non-prescribed
occupational respiratory disease to be corrected or updated by the prescribed medical
practitioner who is treating the individual in the circumstances described in subclause
17(4). The treating prescribed medical practitioner must do this by notifying the
Commonwealth Chief Medical Officer on the approved form.
Subclause 17(4) allows the prescribed medical practitioner to make minor or technical
changes to information held in the National Registry about a patient they are treating
without the patient's consent. The prescribed medical practitioner may make more
substantive changes to information included in the National Registry under clause 16
or 17, however patient consent is required for changes that are minor or technical in
nature.
Clause 18 - Commonwealth Chief Medical Officer or contracted service provider
may request individual to provide additional notification information
Clause 18 provides the Commonwealth Chief Medical Officer, or the contracted
service provider, with the authority to request additional notification information from
an individual who has an occupational respiratory disease. This clause only applies if
the minimum notification information has been notified to the Commonwealth Chief
Medical Officer under clauses 14, 15, 16 or 17.
Subclauses 18(1) and (2) provide that in certain circumstances the Commonwealth
Chief Medical Officer, or the contracted service provider, may request, an individual
19
to provide additional notification information in relation to the individual. The
authority to request additional notification information arises in circumstances where
a prescribed medical practitioner has notified the Commonwealth Chief Medical
Officer of the minimum notification information about an individual under clauses 14,
15, 16 or 17.
Subclause 18(2) provides that the request under subclause 18(1) may be made by
electronic communication, and may ask the individual to provide the information by
electronic communication.
Subclause 18(3) prescribes that the individual is not obliged to comply with the
request under subclause 18(1).
Division 4--Variation of information in the National Registry
Clause 19 - Variation of information included in the National Registry
Subclause 19(1) allows for an individual to request the Commonwealth Chief Medical
Officer, in writing, to correct personal information in relation to the individual that is
included in the National Registry. Subclause 19(2) provides that on receipt of a
request under subclause 19(1) the Commonwealth Chief Medical Officer must correct
information to ensure that it is accurate, up-to-date, complete, relevant and not
misleading.
Subclause 19(3) allows for the Commonwealth Chief Medical Officer on the
Commonwealth Chief Medical Officer's own initiative to vary information in the
National Registry to correct a minor or technical error, or to ensure that correct and
consistent terminology is used.
Part 3--Dealing with information in the National Registry
Clause 20 - Simplified outline of this Part
This clause provides a simplified outline of Part 3 of the Bill. While a simplified
outline is included to assist readers to understand the substantive provisions, the
outline is not intended to be comprehensive. It is intended that readers should rely on
the substantive provisions in the Bill.
Clause 21 - Authorised dealings with information
This clause details the specific circumstances where collecting, recording, using or
disclosing protected information will be authorised.
Subclause 21(1) authorises the handling of certain information for the purposes of
including such information in the National Registry. Subclause 21(1) provides that a
person may collect, make a record of, disclose or otherwise use personal information,
workplace identifying information, or information that is commercial-in-confidence,
if the person does so for the purposes of including information in the National
Registry.
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Note 1 clarifies that subclause 21(1) provides an authorisation for the purposes of
other laws, including the Australian Privacy Principles set out in Schedule 1 to the
Privacy Act 1988.
Subclause 21(2) outlines the circumstances in which a person will be authorised to
collect, record, disclose, or use protected information included in the National
Registry.
Protected information is defined in clause 8 of the Bill as meaning personal
information, workplace identifying information or information that is commercial-in-
confidence, to the extent that the information is:
• included in the National Registry or obtained under, or in accordance with, the
Bill; or
• derived from a record of information that was included in the National
Registry or was obtained under, or in accordance with, the Bill; or
• derived from a disclosure or use of information that was included in the
National Registry or was obtained under, or in accordance with, the Bill.
Paragraph 21(2)(a) provides that a person may collect, make a record of, disclose or
otherwise use protected information included in the National Registry if the person
does so for the purposes identified in clause 13 of the Bill, and is one of the following:
• an officer or employee of the Commonwealth, or a Commonwealth authority;
or
• a person engaged by the Commonwealth, or a Commonwealth authority, to
perform work relating to the purposes of the National Registry; or
• an officer or employee of a person engaged by the Commonwealth, or a
Commonwealth authority, to perform work for the National Registry; or
• a person engaged by a person engaged by the Commonwealth, or a
Commonwealth authority, to perform work for the purposes of the National
Registry.
Paragraph 21(2)(b) provides that a prescribed medical practitioner may collect, make
a record of, disclose or use protected information included in the National Registry if
the information is about a diagnosis, or the progression of an occupational respiratory
disease and the handling of the information is for the purposes of providing healthcare
to the individual in relation to the occupational respiratory disease.
Paragraph 21(2)(c) provides that a prescribed medical practitioner may collect, make
a record of, disclose or otherwise use protected information included in the National
Registry if the practitioner has diagnosed an individual with, or is treating an
individual for, an occupational respiratory disease, and will be handling the
information to check whether information in relation to the individual is included in
the National Registry.
Paragraph 21(2)(d) authorises a person to collect, make a record of, disclose or use
protected information included in the National Registry for the purposes of
performing the person's functions or duties, or exercising the person's powers under
the Bill.
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Paragraph 21(2)(e) authorises a person to collect, make a record of, disclose or use
protected information if required or authorised to do so by or under Commonwealth or
State or Territory law.
Paragraph 21(2)(f) authorises the Commonwealth Chief Medical Officer to collect,
record, disclose or use protected information included in the National Registry for the
purpose of disclosing information to an enforcement body, if the Commonwealth
Chief Medical Officer reasonably believes that the disclosure is reasonably necessary
for, or directly related to, an enforcement activity being conducted by or on behalf of
the enforcement body.
Paragraph 21(2)(g) authorises the recipient of protected information disclosed under
clause 21 to only collect, record, disclose or use the information for the purpose for
which it was disclosed to the recipient.
Paragraphs 21(2)(h) and (i) authorise a person to collect, make a record of, disclose or
use protected information:
• for the purposes of court or tribunal proceedings, or in accordance with an
order of, a court or tribunal (paragraph 21(2)(h)); or
• for the purposes of a coronial inquiry, or in accordance with an order of the
coroner (paragraph 21(2)(i).
These provisions allow persons to handle protected information included in the
National Registry to assist a court, tribunal or coroner and to comply with the orders
of a court, tribunal or coroner.
Subclause 21(3) prohibits the disclosure of certain protected information to a person
under subclause 21(2) for the purposes of research. Protected information in relation
to an individual must not be disclosed if the disclosure is for research purposes, if the
information:
• identifies or could be used to identify the most recent workplace where the
individual believes they were exposed to a respiratory disease-causing agent,
or the main workplace where the exposure is believed to have occurred; or
• identifies, or could be used to identify, the prescribed medical practitioner who
notified information on the individual under Part 2 of the Bill, or
• is any other kind of information prescribed by the rules.
Clause 8 sets out the definition of enforcement body and enforcement-related activity.
The definition of 'enforcement body' identifies the Australian Federal Police, the
National Anti-Corruption Commissioner, the Australian Crime Commission and the
Office of the Director of Public Prosecutions. The term 'enforcement-related activity'
is defined to have the same meaning as in the Privacy Act 1988.
Clause 22 - Authorised dealings with information - Commonwealth authorities
and State and Territory authorities
Subclause 22(1) authorises the Commonwealth Chief Medical Officer or a contracted
service provider to disclose an individual's minimum notification information
contained within the National Registry and is also protected information to a
Commonwealth authority prescribed by the rules, for a purpose connected with the
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performance of a function, or the exercise of a power of by a prescribed
Commonwealth authority.
Subclause 22(2) authorises the Commonwealth authority to make a record of, disclose
or use protected information disclosed to the authority under subclause 22(1), for the
purpose for which the information was disclosed to the Commonwealth authority.
Subclause 22(3) authorises the Commonwealth Chief Medical Officer or a contracted
service provider to disclose an individual's minimum notification information
contained within the National Registry that is also protected information, to a State or
Territory authority for specific purposes:
• if the individual resides in the relevant State or Territory; or
• was exposed to a respiratory disease-causing agent in the State or Territory; or
• was diagnosed with an occupational respiratory disease in the State or
Territory.
Disclosures under subclause 22(3) can only be made for the purposes referred to in
paragraphs 13(2)(a), (c), (d) or (f).
Subclause 22(4) authorises relevant State and Territory authorities to make a record,
disclose or use protected information disclosed to the authority under subclause 22(1)
for one or more of the purposes referred to in paragraph 13(2)(a), (c), (d) or (f).
Clause 23 - Offence relating to protected information
Clause 23 provides that a person commits an offence where the person makes a record
of, discloses or uses protected information and this handling of the information is not
authorised under Part 3 of the Bill.
A maximum penalty of two years imprisonment, or 120 penalty units, or both, applies
for a contravention of this provision. This is appropriate considering the potential
damage that unauthorised recording, disclosure or use of protected information could
cause to an individual or body corporate.
Under subsection 4B(3) of the Crimes Act 1914 a court can impose a penalty up to
five times this amount for an offence committed by a body corporate.
There are a range of circumstances in which the handling of protected information is
authorised, outlined in clauses 21, 22 and 26 of the Bill. There are also certain
exceptions to clause 23 which are set out in clauses 24 and 25 of the Bill.
Clause 24 - Exceptions relating to the person to whom the protected information
relates
Subclause 24(1) provides an exception to the offence under clause 23 if a person
discloses protected information to the person to whom the information relates.
Paragraph 24(1)(a) provides an exception to the offence under clause 23 if a person
discloses protected information to the person to whom the information relates.
Paragraph 24(1)(b) provides the offence under clause 23 will not apply to the handling
of protected information by the person to who the information relates.
23
Paragraph 24(1)(c) provides an exception to the offence under clause 23 if a person
makes a record, discloses or uses protected information with the express or implied
consent of the person to whom the information relates.
Subclause 24(2) provides that references to the person to whom the information
relates in subclause 24(1) are also taken to include the person's personal
representative. The term 'personal representative' is defined in clause 8.
Clause 25 - Exception for disclosure to person who provided the information
Clause 25 provides an exception to the offence under clause 23 if a person discloses
protected information to the person who provided the information. This allows a
person to receive protected information they had previously provided to another
person. For example, if a prescribed medical practitioner has provided information to
the National Registry for an individual as part of providing healthcare to that
individual, the National Registry can provide, at a later stage, that information back to
the prescribed medical practitioner.
Clause 26 - Publication of statistical information
Clause 26 sets out the approach to publishing information from the National Registry
on the diagnosis and progression of occupational respiratory diseases in Australia.
The National Registry will have a reporting capability that will facilitate online
reporting to authorised State and Territory officers and prescribed medical
practitioners. This reporting capability will include standardised and self-service (de-
identified) reporting and ad hoc analytics. Access to statistical and other information
through such reports allows State and Territory health, and occupational health and
safety authorities to understand the prevalence of occupational respiratory diseases in
their jurisdiction, and to look at appropriate action to reduce further worker exposure.
A range of reports based on information contained in the National Registry will also
be made publicly available to support a broader understanding of diagnosis and
progression of occupational respiratory diseases in Australia. Where the reports are
based on protected information (which includes personal information, workplace
identifying information or information that is commercial in confidence), reasonable
steps will be undertaken to ensure that the information is de-identified.
Statistical data may be used to inform government policy, identify emerging trends
and support new policy initiatives and directions using measurable indicators.
Subclause 26(1) provides the Commonwealth Chief Medical Officer must publish
annual reports specifying the number of prescribed and non-prescribed occupational
respiratory disease notifications received by the National Registry. The reporting
obligation will apply to any notifications made within the 12-month period ending on
30 June each year. The Commonwealth Chief Medical Officer is required to publish a
report containing this information as soon as practical after 30 June each year.
Subclause 26(2) provides the Commonwealth Chief Medical Officer may, at any time,
prepare statistical reports, containing information included in the National Registry.
24
Subclause 26(2) also authorises the Commonwealth Chief Medical Officer to provide
these reports to States and Territories and prescribed medical practitioners.
Subclause 26(3) provides the Commonwealth Chief Medical Officer may also publish
other reports, containing both statistical and other information contained in the
National Registry. The Bill allows rules to prescribe the kind scope of information to
which these reports will relate..
If protected information is to be published or otherwise made available under clause
26, subclause 26(4) requires reasonable steps be taken to ensure the information is de-
identified before information is published or made available under this clause.
Subclause 26(5) defines 'de-identified' for the purposes of subclause 26(4) of the Bill.
Subclause 26(5) provides the information will be de-identified if the information is no
longer about:
• an identifiable individual or an individual who is reasonably identifiable; or
• an identified workplace, employer or business or a workplace, employer or
business that is reasonably identifiable.
The effect of subclause 26(6) is that if the Act commences on any day other than
1 July in a year, the first annual report required under Subclause 26(1) will include the
number of relevant notifications made from the day the Act commenced to 30 June.
Part 4--Other matters
Clause 27 - Simplified outline of this Part
This clause provides a simplified outline of Part 4 of the Bill. While a simplified
outline is included to assist readers to understand the substantive provisions, the
outline is not intended to be comprehensive. It is intended that readers should rely on
the substantive provisions in the Bill.
Clause 28 - Civil penalty provisions
Clause 28 sets out the details for the enforcement of the civil penalty in
subclause 14(3). Under subclause 14(3), a person is liable to a civil penalty if the
person contravenes subclause 14(1) by failing to discharge the relevant notification
obligation. for non-compliance where there was a requirement to notify as prescribed
in the rules.
Subclause 28(1) provides the civil penalty (see subclause 14(3)) is enforceable under
Part 4 of the Regulatory Powers (Standard Provisions) Act 2014.
The effect of subclause 28(2) is, for the purposes of the Regulatory Powers (Standard
Provisions) Act 2014, the Secretary and a Senior Executive Service (SES) officer (or
acting SES officer) in the Department of Health and Aged Care are each authorised
applicants for the civil penalty set out under subclause 14(3).
Subclause 28(3) provides that the Federal Court of Australia, the Federal Circuit and
Family Court of Australia and relevant State and Territory courts that have
jurisdictions are the relevant courts in which civil penalty proceedings under section
14(3) may be instituted.
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Subclause 28(4) ensures that insofar as Part 4 the Regulatory Powers (Standard
Provisions) Act 2014 applies in relation to the civil penalty provisions of the Bill (see
subclause 14(3)), Part 4 of that Act does not make the Crown liable to a pecuniary
penalty.
Clause 29 - Approved forms
This clause provides the Commonwealth Chief Medical Officer may, in writing,
approve a form for the purposes of a provision of this Bill.
Clause 30 - Agreements
This clause provides the Commonwealth Chief Medical Officer may, on behalf of the
Commonwealth, engage a person under a written agreement to perform services for,
or on behalf of, the Commonwealth in connection with the functions of the
Commonwealth Chief Medical Officer under this Bill.
This clause will allow a registry operator, contracted by the Department of Health and
Aged Care, to maintain and operate the National Registry, as directed by the
Commonwealth Chief Medical Officer on behalf of the Commonwealth.
Clause 31 - Fees
Subclause 31(1) authorises the Secretary, on behalf of the Commonwealth, to charge a
fee in relation to the disclosure of protected information to a person (Commonwealth
authorities excepted) under clause 21 or 22 of this Bill. This authorisation applies in
circumstances where a disclosure is made in response to a specific request by the
person.
Subclause 31(2) specifies that the amount of the fee that may be charged under
subsection 31(1) will be determined by the Commonwealth Chief Medical Officer by,
legislative instrument; or established in accordance with a method determined by the
Commonwealth Chief Medical Officer by legislative instrument.
Subclause 31(3) provides that a legislative instrument made under paragraphs 31(2)(a)
or (b) may determine different amounts, or different methods for calculating the
amounts, for the form or manner in which protected information is disclosed.
Subclause 31(4) provides that a fee that is due and payable to the Commonwealth
under subclause 31(1) may be recovered as a debt that is due to the Commonwealth
by action in the Federal Court of Australia, the Federal Circuit and Family Court of
Australia (Division 2), or a court of a State or Territory that has jurisdiction in relation
to the matter.
Subclause 31(5) stipulates that a fee charged under subclause 31(1) must not be such
as to amount to taxation.
Clause 32 - Delegation
Subclause 32(1) provides that the Minister may, in writing, delegate the powers or
functions conferred under clause 9 to:
• the Commonwealth Chief Medical Officer; or
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• a Senior Executive Service employee or an acting Senior Executive Service
employee in the Department of Health and Aged Care.
Subclause 32(2) provides that the Secretary may delegate the Secretary's functions
and powers for the charging of fees conferred to them under clause 31(1)) to the
Commonwealth Chief Medical Officer.
Subclause 32(3) provides that the Commonwealth Chief Medical Officer may
delegate the functions and powers conferred on them under this Bill (other than the
power conferred under subsection 12(4) or 31(2)) to a Senior Executive Service or an
acting Senior Executive Service employee in the Department of Health and Aged
Care.
Subclause 32(4) states that any persons exercising the powers or functions as a
delegate must comply with any directions of the person who has delegated the
function or power.
Clause 33 - Rules
This clause enables rules to be made by the Minister or a Delegate.
Subclause 33(1) provides that the Minister may, by legislative instrument, make rules
to prescribe matters required or permitted to be prescribed by the Bill, or necessary or
convenient to be prescribed to give effect to the Bill.
Subclause 33(2) stipulates that prior to making the rules for the purposes of the
definition of 'prescribed occupational respiratory disease' in clause 8, the Minister
must consult the Commonwealth Chief Medical Officer, and each State and Territory
through their Health Minister, and consider their submissions made in relation to the
consultations.
However, if the Minister delegates their powers under this section to the
Commonwealth Chief Medical Officer, the Commonwealth Chief Medical Officer
must consult with each State and Territory Health Minister in relation to the definition
of 'prescribed occupational respiratory disease' in clause 8 and consider their
submissions in relation to the consultations.
Subclause 33(3) provides that the rules may not create an offence or civil penalty,
provide powers of arrest or entry, search or seizure, impose a tax, set an amount to be
appropriated from the Consolidated Revenue Fund or directly amend the text of the
Bill. This sets appropriate limits on the scope of the rules.
Dealing with these matters in rules rather than regulations accords with the Office of
Parliamentary Counsel's Drafting Direction No. 3.8--Subordinate legislation. That
Drafting Direction states that 'OPC's starting point is that subordinate instruments
should be made in the form of legislative instruments (as distinct from regulations)
unless there is good reason not to do so.
The rules made under this section are a legislative instrument for the purposes of the
Legislation Act 2003. Under that Act, legislative instruments and their explanatory
statements must be tabled in both Houses of the Parliament within 6 sitting days of the
27
date of registration of the instrument on the Federal Register of Legislation. Once
tabled, the rules will be subject to the same level of parliamentary scrutiny as
regulations (including consideration by the Senate Standing Committee for the
Scrutiny of Delegated Legislation), and a motion to disallow the rules may be moved
in either House of the Parliament within 15 sitting days of the date the rules are
tabled.
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NATIONAL OCCUPATIONAL RESPIRATORY DISEASE REGISTRY
(CONSEQUENTIAL AMENDMENTS) BILL 2023
NOTES ON CLAUSES
Clause 1 - Short Title
Clause 1 provides that the Bill, once enacted, may be cited as National Occupational
Respiratory Disease Registry (Consequential Amendments) Act 2023.
Clause 2 - Commencement
Clause 2 provides that the Act will commence at the same time the National
Occupational Respiratory Disease Registry Act 2023 commences.
Clause 3 - Schedules
Clause 3 provides that legislation that is specified in a Schedule to this Act is
amended as set out in the Schedule.
Schedule 1 - Amendments
This Schedule provides that Schedule 3 of the Freedom of Information Act 1982 is
amended to insert clause 23 of the National Occupational Respiratory Disease
Registry Act 2023.
The amendment to the Freedom of Information Act 1982 will ensure that information
protected by the secrecy provision in clause 23 of the National Occupational
Respiratory Disease Registry Act 2023 will be exempt from disclosure under section
38 of the Freedom of Information Act 1982.
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30