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HEALTH PRACTITIONER REGULATION NATIONAL LAW REGULATION 2018 - REG 11
Miscellaneous modifications
11 Miscellaneous modifications
(1) The AIC Act applies— (a) as if it were modified so that the National
Health Practitioner Privacy Commissioner has only the privacy functions
conferred under the Privacy Act ; and
(b) as if it were modified so that the
National Health Practitioner Privacy Commissioner must disclose to the
Ministerial Council any material personal interest the Commissioner has in a
matter relating to the discharge of the Commissioner’s responsibilities
under the Act ; and
(c) as if it were modified so that the provisions of the
Act relating to any of the following do not apply— (i) the establishment of
the Office of the Australian Information Commissioner;
(ii) a review of the
operations of the Act ;
(iii) disclosures of interests; Note. See paragraph
(b) for the requirement to disclose a material personal interest.
(iv) the
Information Advisory Committee;
(v) promoting awareness and understanding of,
and the objects of, the FOI Act ;
(vi) providing information, advice,
assistance and training on matters relevant to the operation of the FOI Act ;
(vii) reporting on matters relating to a Commonwealth Government policy or
practice about managing information held by the Commonwealth Government;
(viii) reports and recommendations about legislative change;
(ix) the
functions and powers mentioned in sections 11 and 12 of the Act ; and
(d)
with any other modifications that are necessary.
(2) For subsection (1) (b) ,
the Commissioner has a
"material personal interest" in the matter if any of the following stand to
gain a benefit or suffer a loss (either directly or indirectly) because of the
discharge of the Commissioner’s responsibilities— (a) the Commissioner;
(b) a spouse of the Commissioner;
(c) a parent of the Commissioner or the
Commissioner’s spouse;
(d) a grandparent of the Commissioner or the
Commissioner’s spouse;
(e) a brother, sister, nephew or niece of the
Commissioner or the Commissioner’s spouse;
(f) a child of the Commissioner
or the Commissioner’s spouse;
(g) a grandchild of the Commissioner or the
Commissioner’s spouse;
(h) the spouse of any person mentioned in paragraphs
(c) to (g) .
(3) In this section—
"spouse" includes de facto partner and civil partner.
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