Commonwealth Numbered Acts

HEALTH LEGISLATION (PHARMACEUTICAL BENEFITS) AMENDMENT ACT 1991 No. 119 of 1991 - SECT 18

18. After section 135A of the Principal Act, the following sections are
inserted: Issue of privacy guidelines for the conduct of the Medicare and
Pharmaceutical Benefits Program

"135AA. (1) The Privacy Commissioner must, by notice in writing, issue
guidelines for the conduct of the Medicare and Pharmaceutical Benefits
Programs.

"(2) Guidelines under subsection (1) must be issued before 1 April 1992.
Thereafter, the Privacy Commissioner may, from time to time, issue further
guidelines to replace or vary any existing guidelines.

"(3) The Privacy Commissioner must report to the Parliament any failure to
issue guidelines in accordance with subsection (2) within 15 sitting days of 1
April 1992.

"(4) Any guidelines issued under this section are disallowable instruments for
the purposes of section 46A of the Acts Interpretation Act 1901.

"(5) Section 46A of the Acts Interpretation Act 1901 applies to guidelines
issued under this section as if the following paragraph were inserted after
paragraph (1) (a) of that section:

   (aa) section 48 applies as if paragraph 48 (1) (b) were omitted and the
        following paragraph substituted:

        (i)    the first day on which the guidelines are no longer liable to
               be disallowed; or

        (ii)   if the guidelines make provision for their commencement after
               that day - in accordance with that provision.

"(6) Any guidelines issued under this section shall include an outline of the
procedures that must be followed to ensure:

   (a)  the security of information transferred between the Commission and
        pharmacists or medical practitioners for the purpose of checking
        individuals' eligibility for the Pharmaceutical Benefits Program;

   (b)  the separation of information relating to claims upon the
        Pharmaceutical Benefits Program from information relating to claims
        upon the Medicare Benefits Program;

   (c)  that all information relating to claims upon the Pharmaceutical
        Benefits or Medicare Benefits Programs is de-identified within five
        years of its receipt by the Commission, unless such information
        relates to a current action that is pending in relation to an
        individual;

   (d)  that the Commission uses the most up-to-date, available information
        when checking the eligibility of concessionary beneficiaries to the
        Pharmaceutical Benefits Program.

"(7) Before issuing guidelines under this section, the Privacy Commissioner
shall take all reasonable steps to consult with all relevant organisations,
including the Commission and representatives of the pharmacy and medical
professions.

"(8) In this section, `Medicare Benefits Program' means the provision of a
medicare benefit under Part II of the Health Insurance Act 1973 and
`Pharmaceutical Benefits Program' means the supply of a pharmaceutical benefit
under Part VII of this Act. Breaches of the privacy guidelines

"135AB. (1) A breach of the guidelines issued under section 135AA constitutes
an act or practice involving interference with the privacy of an individual
for the purposes of section 13 of the Privacy Act 1988.

"(2) An individual may complain to the Privacy Commissioner about an act or
practice in relation to the operation of guidelines issued under section 135AA
of this Act which may be an interference with the privacy of an individual.

"(3) In the event of a complaint being made by an individual, it shall be
dealt with in accordance with the provisions of Part V of the Privacy Act 
1988 , which shall apply with such modifications as the circumstances require
to the guidelines issued under section 135AA of this Act.".