Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT ACT 1996 No. 54, 1996 - SCHEDULE 1

Schedule 1-Amendment of the Health Insurance Act 1973 1 After Part IV
Insert: Part IVA-Australian Childhood Immunisation Register 46A Definitions
In this Part:
Australian Immunisation Procedures Handbook means the latest edition of the
Australian Immunisation Procedures Handbook published by the Australian
Government Publishing Service.
authorised, in relation to a person to whom information may be given in
accordance with paragraph 46E(1)(e), means a person who is authorised under
subsection 46E(2).
building society account means an account:

   (a)  that is kept by a person with an organisation registered as a
        permanent building society under a law of a State or Territory; and

   (b)  into which money received on deposit by the organisation from the
        person is paid.
child means a child under the age of 7 years.
credit union account means an account:

   (a)  that is kept by a person with an organisation registered as a credit
        union under the law of a State or Territory; and

   (b)  into which money received on deposit by the person is paid.
        immunisation means the process of administering to a child for the
        purpose of immunising the child:

   (a)  a vaccine that is registered under section 17 of the
        Therapeutic Goods Act 1989; or

   (b)  a vaccine that is:

        (i)    exempt goods within the meaning of that Act; or

        (ii)   approved under section 19 of that Act.
immunisation encounter means the immunisation of a child against a vaccine
preventable disease by a recognised immunisation provider.
information includes information contained in a record that is kept by the
Commission in relation to the immunisation of children against vaccine
preventable diseases by recognised immunisation providers, including the names
and addresses of children, the date and nature of the immunisation of each
child and the identity and addresses of providers and particulars of
immunisations provided by them, but:

   (a)  in paragraphs 46E(1)(a) and (b), does not include information as to
        the address of a child or of a parent or guardian of the child; and

   (b)  in paragraphs 46E(1)(d) and (e), does not include information about a
        child or a parent or guardian of the child, if the parent or guardian,
        or another person exercising responsibilities in relation to the
        health of the child, has told the Commission in writing that he or she
        does not wish to be notified when the child needs to be immunised.
prescribed body means a body prescribed by the regulations for the purposes of
this Part.
purpose relating to the immunisation or health of children means any of the
following purposes:

   (a)  the recording of information about the immunisation of children;

   (b)  the recording of information about recognised immunisation providers;

   (c)  the use of information so recorded to determine:

        (i)    if a particular child has been immunised and, if so, when the
               last immunisation took place and the diseases against which the
               child was immunised; or

        (ii)   when a particular child needs to be immunised;

   (d)  the notification to a parent or guardian of a child, or to another
        person exercising responsibilities in relation to the health of a
        child, as to when the child needs to be immunised.
recognised immunisation provider means a person who is recognised by the
Commission as a provider of immunisation to children.
the Register means the Australian Childhood Immunisation Register kept under
section 46B.
vaccine preventable disease means:

   (a)  diphtheria, Haemophilus influenzae type b (Hib), measles, mumps,
        pertussis, poliomyelitis, rubella, tetanus and any other disease that
        is prescribed by the regulations for the purposes of this paragraph;
        and

   (b)  in relation to a child for whom the Australian Immunisation Procedures
        Handbook recommends vaccination against hepatitis B and
        tuberculosis-hepatitis B and tuberculosis. 46B Commission's functions
        in relation to the Register
The Commission's functions include the following:

   (a)  to establish and keep a register known as the Australian Childhood
        Immunisation Register;

   (b)  to record in the Register all immunisation encounters that are
        notified to the Commission by recognised providers or prescribed
        bodies;

   (c)  in accordance with subsection 46E(1), to use information contained in
        the Register for purposes relating to the immunisation or health of
        children;

   (d)  to make a payment to:

        (i)    a recognised immunisation provider, or another person
               authorised by that provider to receive the payment; or

        (ii)   the authority of a State or Territory whose functions include
               the registration of deaths in the State or Territory; or

        (iii)  any other prescribed authority of a State or Territory that
               notifies the Commission about the deaths of children; in
               relation to the administrative costs incurred by the provider
               or authority in notifying the Commission about:

        (iv)   in respect of a provider-an immunisation encounter of the
               provider; and

        (v)    in any case-the death of a child in relation to whom there is
               an entry in the Register. 46C How Register is to be kept

(1) The Commission may use the database of medicare enrolments held by the
Commission to establish and update the Register.

(2) The Commission may establish and keep the Register in a computerised form.
46D Provisions relating to making of payments

(1) This section has effect for the purposes of payments under paragraph
46B(d).

(2) Subject to the following provisions of this section, an amount that is to
be paid must be paid to the credit of a bank account, credit union account or
building society account nominated by the recognised immunisation provider or
by the authority.

(3) If the provider or authority has not nominated an account for the purpose
of subsection (2), then, subject to subsections (4) and (6), the amount is not
to be paid.

(4) If:

   (a)  an amount has not been paid because of subsection (3); and

   (b)  the provider or authority then nominates an account for the purposes
        of subsection (2); the amount must be paid under subsection (2).

(5) The Managing Director of the Commission may direct that the whole or a
part of an amount that is to be paid to the provider or authority is to be
paid in a manner stated in the direction that is not in accordance with
subsection (2).

(6) If the Managing Director gives a direction under subsection (5), the
amount must be paid in accordance with the direction.

(7) If a payment is more than the amount that should have been paid, the
Commission may, in relation to a later payment to or for the provider or
authority concerned, reduce the amount paid to or for the provider or
authority by an amount that is not more than the amount of the overpayment.
46E Powers of Managing Director of the Commission

(1) For the purposes of the performance of the Commission's functions under
section 46B, the Managing Director of the Commission may:

   (a)  give information, other than information that would enable
        identification of a particular child, about the immunisation of
        children to:

        (i)    a recognised immunisation provider for a purpose relating to
               the immunisation or health of a child; or

        (ii)   a prescribed body for such a purpose; or

        (iii)  an officer of the Department; or

        (iv)   an officer of a Department, or of an authority, of a State or
               Territory who has requested the information; and

   (b)  if:

        (i)    a recognised immunisation provider requests information about
               the immunisation of a particular child for a purpose relating
               to the immunisation or health of the child; and

        (ii)   a parent or guardian of the child consents to that information
               being given to the recognised immunisation provider; give the
               information to the recognised immunisation provider for that
               purpose; and

   (c)  post a document containing information about the immunisation of a
        child to a parent or guardian of the child, at the address of the
        child that is known to the Commission; and

   (d)  if an officer of the Department requests information about the
        immunisation of children for a purpose relating to the immunisation or
        health of children-give the information to the officer for that
        purpose; and

   (e)  if:

        (i)    a recognised immunisation provider who is authorised; or

        (ii)   a prescribed body; requests information about the immunisation
               of children for a purpose relating to the immunisation or
               health of children-give the information to the authorised
               provider, or to an authorised officer or employee of the body,
               as the case may be, for that purpose.

(2) The Managing Director of the Commission may authorise a person who is:

   (a)  a recognised immunisation provider; or

   (b)  an officer or employee of a prescribed body; to receive information
        under paragraph (1)(e) if the person has agreed in writing that, even
        if the person ceases to be such a provider or such an officer or
        employee, as the case requires, he or she:

   (c)  will not use the information except for the purpose for which the
        information is given to him or her; and

   (d)  will not, either directly or indirectly, give the information to
        another person; and

   (e)  will ensure that any record of the information that is in his or her
        possession is protected by security safeguards that it is reasonable
        in the circumstances to take against loss of the record or misuse of
        the information.

(3) For the purposes of an agreement made by a person under subsection (2),
the reference in paragraph (2)(c) to the using of information, and the
reference in paragraph (2)(d) to the giving of information, do not include a
reference to:

   (a)  the giving of information to a court under a legal requirement; or

   (b)  if the person is a recognised immunisation provider-the giving of
        information that needs to be given in the performance of the function
        of immunising children; or

   (c)  if the person is an officer or employee of a prescribed body-the
        giving of information that the person needs to give in the course of
        performing duties or functions, or exercising powers, as an officer or
        employee of the body for purposes relating to the immunisation or
        health of children. 2 Saving
The Australian Childhood Immunisation Register that was, immediately before
the commencement of item 1, kept under regulation 3 of the Health Insurance
Commission Regulations is taken to be kept under the Part inserted in the
Health Insurance Act 1973 by that item. 3 After subsection 130(3A)
Insert:

(3B) A person to whom information is given under paragraph 46E(1)(b), (d) or
(e) must not use the information except for the purpose for which it was
requested. Penalty: 5 penalty units.

(3C) Subject to subsection (3E), a person to whom information is given under
subparagraph 46E(1)(a)(i), (ii) or (iv), paragraph 46E(1)(b) or subparagraph
46E(1)(e)(ii), and any person or employee under the control of the
first-mentioned person, must not, directly or indirectly, divulge any of the
information to any person. Penalty: 5 penalty units.

(3D) Subsection (3C) continues to apply:

   (a)  in respect of information that was given to a person under
        subparagraph 46E(1)(a)(i) or paragraph 46E(1)(b), even though the
        person has ceased to be recognised by the Commission as a provider of
        immunisation to children; and

   (b)  in respect of information that was given to an officer of a
        Department, or of an authority, of a State or Territory to whom the
        information was given under subparagraph 46E(1)(a)(iv), even though
        the person has ceased to be such an officer; and

   (c)  in respect of information that was given to an officer or employee of
        a body to whom the information was given under subparagraph
        46E(1)(a)(ii) or (e)(ii), even though the person has ceased to be such
        an officer or employee.

(3E) Subsection (3C) does not apply to the divulging of information by a
person if:

   (a)  where the information is divulged by a person referred to in
        subparagraph 46E(1)(a)(i) or paragraph 46E(1)(b)-the divulging of the
        information is necessary for the purposes of the performance by the
        person of his or her functions as a provider of immunisation to
        children; or

   (b)  where the information is divulged by an officer of a Department or
        authority referred to in subparagraph 46E(1)(a)(iv) or of a body
        referred to in subparagraph 46E(1)(a)(ii) or (e)(ii)-the divulging of
        the information is necessary for the purposes of the performance of
        his or her duties and functions, or the exercise of his or her powers,
        in relation to the immunisation of children as an officer of the
        Department or authority, or of the body, as the case may be.

(3F) A prescribed body referred to in subparagraph 46E(1)(e)(ii) must, in
relation to any record in the possession of an officer of the body that
contains information disclosed to him or her under that subparagraph, ensure
that the record is protected, by any security safeguards that it is reasonable
in the circumstances to take, against loss, against unauthorised access, use,
modification or disclosure, and against other misuse. Penalty: 5 penalty
units. 4 At the end of subsection 130(11)
Add "or section 46E". 5 Subsection 130(13)
After "(7)", insert "or section 46E". 6 Subsection 130(25)
After "section", insert ", unless the contrary intention appears".