Commonwealth Numbered Acts

HEARING SERVICES AND AGHS REFORM ACT 1997 No. 82 of 1997 - SCHEDULE 4

Schedule 4-Amendment of the Privacy Act 1988
Privacy Act 1988 1 Subsection 6(1) Insert: nominated AGHS company means a
company that:

   (a)  is the nominated company (within the meaning of Part 2 of the
        Hearing Services and AGHS Reform Act 1997); and

   (b)  is either:

        (i)    Commonwealth-owned (within the meaning of that Part); or

        (ii)   a corporation. 2 Subsection 6(1) (at the end of paragraph (i)
               of the definition of agency) Add:
; or (j) the nominated AGHS company; or

   (k)  an eligible hearing service provider. 3 Subsection 6(1) (paragraph (b)
        of the definition of eligible employment services provider) Omit "(g)
        or (h)", substitute "(g), (h) or (j)". 4 Subsection 6(1) Insert:
        eligible hearing service provider means an entity (within the meaning
        of the Hearing Services Administration Act 1997):

   (a)  that is, or has at any time been, engaged under Part 3 of the
        Hearing Services Administration Act 1997 to provide hearing services;
        and

   (b)  that is not covered by paragraph (a), (b), (c), (d), (e), (f), (g),
        (h) or (j) of the definition of agency. 5 Subsection 6(1) Insert:
        hearing services has the same meaning as in the Hearing Services 
        Administration Act 1997 . 6 Paragraph 7(1)(a) After "other than",
        insert "an eligible hearing service provider or". 7 After paragraph
        7(1)(cb) Insert:

   (cc) an act done, or a practice engaged in, as the case may be, by an
        eligible hearing service provider in connection with the provision of
        hearing services under an agreement made under Part 3 of the
        Hearing Services Administration Act 1997; or 8 Paragraphs 7(1)(d) and
        (e) After "other than", insert "an eligible hearing service provider
        or". 9 At the end of paragraph 7(1)(eb) Add:
or (ec) an act done, or a practice engaged in, as the case may be, by a
Minister in relation to the affairs of an eligible hearing service provider,
being affairs in connection with the provision of hearing services under an
agreement made under Part 3 of the Hearing Services  Administration Act 1997 ;
or

   (ed) an act done, or a practice engaged in, as the case may be, by a
        Minister in relation to a record that is in the Minister's possession
        in his or her capacity as a Minister and relates to the affairs of an
        eligible hearing service provider, being affairs in connection with
        the provision of hearing services under an agreement made under Part 3
        of the Hearing Services Administration Act 1997; 10 Section 37 (at the
        end of the table) Add:
8
The nominated AGHS company
The chief executive officer of the company
9
An eligible hearing service provider that is an individual
The individual
10
An eligible hearing service provider that is not an
individual
The individual primarily responsible for the
management of the eligible hearing service provider 11 Subsections 54(2) and
57(2) After "does not include", insert "the nominated AGHS company, an
eligible hearing service provider or". 12 Transitional regulations (1) The
Governor-General may make regulations in relation to transitional matters
arising from the amendments made by this Schedule. (2) The Governor-General
may make regulations modifying the application of the Privacy Act 1988 in
relation to transitional matters in connection with the transfer of any of the
operations or records of the Australian Government Health Service to the
nominated AGHS company. (3) Subitems (1) and (2) do not limit each other. (4)
In this item: modifications includes additions, omissions and substitutions.

(Minister's second reading speech made in-
House of Representatives on 5 February 1997
Senate on 5 March 1997)