Health Insurance Amendment Regulations 2004 (No. 9)

Administered by Department of Health, Disability and Ageing

Legislation au F2004B00373 Regulations Not in force Legislative Instrument

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Health Insurance Amendment Regulations 2004 (No. 9) 2004 No. 324

EXPLANATORY STATEMENT

STATUTORY RULES 2004 NO. 324

Issued by Authority of the Minister for Health and Ageing

Health Insurance Act 1973

Health Insurance Amendment Regulations 2004 (No. 9)

Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Part IVA of the Act provides for the establishment and maintenance of the Australian Childhood Immunisation Register (the Register), and specifies the functions and powers of the Health Insurance Commission (the Commission) in relation to the Register.

Section 46B of the Act prescribes the Commission's functions in relation to the Register, including the recording in the Register of all immunisation encounters that are notified to the Commission by recognised providers or prescribed bodies.

Subparagraph 46E(1)(a)(ii) of the Act provides that, for the purpose of performing the Commission's functions in relation to the Register, the Managing Director of the Commission may give information, other than information that would enable the identification of a particular child, about the immunisation of children to a prescribed body for such a purpose. The bodies to which information in the register may be given are prescribed in Schedule 1A to the Health Insurance Regulations 1975 (the Principal Regulations).

The purpose of the Regulations is to substitute a new Schedule 1A to the Principal Regulations. The Regulations reflect that fifty-two of the prescribed bodies have changed their names, to reflect changes in their company structure or to better reflect their jurisdictional coverage.

The Regulations also add and remove certain entries on the list of prescribed bodies as a result of amalgamations. Most of the listed prescribed bodies are Divisions of General Practice, which are networks of general practitioners who have formed organisations to improve health outcomes at the local level. State and Territory Health Departments are all prescribed.

Details of the Regulations are set out in the Attachment.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations commence on the date of their notification in the Gazette.

ATTACHMENT

DETAILS OF THE HEALTH INSURANCE AMENDMENT REGULATIONS 2004 (No. 9)

Regulation 1 provides for the Regulations to be referred to as the Health Insurance Amendment Regulations 2004 (No. 9).

Regulation 2 provides for the Regulations to commence on the date of their notification in the Gazette.

Regulation 3 provides for Schedule 1 to amend the Health Insurance Regulations 1975 (the Principal Regulations).

Schedule 1 - Amendments

Item 1

This item substitutes a new Schedule 1A to the Principal Regulations.

Part 1 of the new Schedule 1A prescribes the bodies in New South Wales to which information on the Australian Childhood Immunisation Register may be given. Part 1 adds the Riverina Division of General Practice Incorporated to the list of prescribed bodies and removes the Wagga Wagga and District Division of General Practice Incorporated from the list of prescribed bodies.

Part 1 also reflects changes to the names of the following Divisions:

Name of Division in the Principal Regulations

Name of Division in the Regulations

Bankstown G.P. Division Health Service Incorporated

Bankstown GP Division Incorporated

Barwon Division of General Practice Incorporated

Barwon Division of General Practice Limited

The Canterbury Division of General Practice Limited

Canterbury Division of General Practice Limited

Central Coast Division of General Practice Incorporated

NSW Central Coast Division of General Practice Limited

Central Sydney Division of General Practice

Central Sydney Division of General Practice Limited

Division of General Practice Fairfield Health Service Incorporated

Fairfield Division of General Practice Incorporated

Dubbo/Plains Division of General Practice Limited

Dubbo Plains Division of General Practice Incorporated

Genprac Limited

Tweed Valley Division of General Practice (GENPRAC Limited)

Hornsby Ku-Ring-Gai Division of General Practice Limited

Hornsby Ku-Ring-Gai Ryde Division of General Practice Limited

Liverpool Division of General Practice Limited

Liverpool Division of General Practice Incorporated

Macarthur Division of General Practice Limited

Macarthur Division of General Practice Incorporated

Mid North Coast (NSW) Division of General Practice Limited

Mid North Coast Division of General Practice Limited

The Nepean Division of General Practice Incorporated

Nepean Division of General Practice Incorporated

Port Macquarie Division of General Practice Limited

Hastings Macleay Division of General Practice Limited

South Eastern Sydney Division of General Practice Incorporated

South Eastern Sydney Division of General Practice Limited

St George District Division of General Practice Incorporated

St George Division of General Practice Incorporated

 

Part 2 of the new Schedule 1A prescribes the bodies in Victoria to which information on the Australian Childhood Immunisation Register may be given. Part 2 reflects changes to the names of the following Divisions:

Name of Division in the Principal Regulations

Name of Division in the Regulations

The Bendigo and District Division of General Practice

Bendigo and District Division of General Practice Incorporated

The Border GP Division Pty Limited

Border Division of General Practice Limited

Central Bayside Division of General Practice

Central Bayside Division of General Practice Limited

Central Highlands Division of General Practice

Central Highlands Division of General Practice Limited

East Gippsland Division of General Practice

East Gippsland Division of General Practice Limited

GVGP's - A Division of General Practice Limited

The Goulburn Valley Division of General Practice Limited

General Practitioners Association of Geelong Limited

GP Association of Geelong Limited

Greater South Eastern Division of General Practice

Greater South East Melbourne Division of General Practice Limited

Inner South East Melbourne Division of General Practice

Southcity GP Services Limited

Knox Division of General Practice

Knox Division of General Practice Limited

Mallee Division of General Practice

Mallee Division of General Practice Limited

Melbourne Division of General Practice Limited

Melbourne Division of General Practice Incorporated

Mornington Peninsula Division of General Practice

Mornington Peninsula Division of General Practice Limited

Murray- Plains Division of General Practice

Murray Plains Division of General Practice Incorporated

North-East Victorian Division of General Practice Pty Limited

North East Victorian Division of General Practice Limited

Northern Division of General Practice, Melbourne

Northern Division of General Practice - Melbourne Limited

Otway Division of General Practice

Otway Division of General Practice Incorporated

Sherbrooke and Packenham Division of General Practice and Lilydale and Yarra Valley Division of General Practice

Eastern Ranges GP Association Incorporated

South Gippsland Division of General Practice

South Gippsland Division of General Practice Limited

Westgate Division of Family Medicine Limited

Westgate Division of General Practice Limited

West Vic Division of General Practice Incorporated

West Victoria Division of General Practice Incorporated

 

Part 3 of the new Schedule 1A prescribes the bodies in Queensland to which information on the Australian Childhood Immunisation Register may be given. Part 3 adds the Wide Bay Division of General Practice Association Incorporated to the list of prescribed bodies.

Part 3 also reflects changes to the names of the following Divisions:

Name of Division in the Principal Regulations

Name of Division in the Regulations

Association of Bayside GP Division (Brisbane) Incorporated

Association of Bayside General Practice Division Brisbane Incorporated

The Brisbane Southside Central Division of General Practice Association Incorporated

Brisbane Southside Central Division of General Practice Association Incorporated

Central West Rural Division of General Practice Association Incorporated and Northern Queensland Rural Division Of General Practice Association Incorporated

North and West Queensland Primary Health Care Association Incorporated

Ipswich and West Moreton Division of General Practice

Ipswich and West Moreton Division of General Practice Limited

The Redcliffe Bribie Caboolture Division of General Practice Association Incorporated

The Redcliffe, Bribie, Caboolture Division of General Practice Incorporated

Sunshine Coast Division of General Practice Association Limited

Sunshine Coast Division of General Practice Association Incorporated

Part 4 of the new Schedule 1A prescribes the bodies in Western Australia to which information on the Australian Childhood Immunisation Register may be given. Part 4 adds the Canning Division of General Practice Limited to the list of prescribed bodies and removes the Perth, South Eastern Division of General Practice Limited from the list of prescribed bodies.

Part 4 also reflects changes to the names of the following Divisions:

Name of Division in the Principal Regulations

Name of Division in the Regulations

Central Wheatbelt Division of General Practice

Central Wheatbelt Division of General Practice Incorporated

Kimberley Division of General Practice

Kimberley Division of General Practice Incorporated

Perth Division of General Practice Limited and Swan Hills Division of General Practitioners Limited

Perth and Hills Division of General Practice Limited

Pilbara Division of General Practice

Pilbara Division of General Practice Limited

 

Part 5 of the new Schedule 1A prescribes the bodies in South Australia to which information on the Australian Childhood Immunisation Register may be given. Part 5 adds the Limestone Coast Division of General Practice Incorporated to the list of prescribed bodies and removes the South East of South Australia Division of General Practice Incorporated from the list of prescribed bodies.

Part 5 also reflects changes to the names of the following Divisions:

Name of Division in the Principal Regulations

Name of Division in the Regulations

Adelaide Western Division of General Practice Limited

Adelaide Western Division of General Practice Incorporated

Southern Division of General Practice Incorporated

Adelaide Southern Division of General Practice Incorporated

Part 6 of the new Schedule 1A prescribes the bodies in Tasmania to which information on the Australian Childhood Immunisation Register may be given. Part 6 reflects changes to the names of the following Divisions:

Name of Division in the Principal Regulations

Name of Division in the Regulations

The Division of General Practice (Tasmania - Southern Region) Incorporated

Southern Division of General Practice Tasmania Incorporated

Part 7 of the new Schedule 1A prescribes the bodies in Australian Capital Territory to which information on the Australian Childhood Immunisation Register may be given. There are no changes to the list of prescribed bodies for the Australian Capital Territory.

Part 8 of the new Schedule 1A prescribes the bodies in the Northern Territory to which information on the Australian Childhood Immunisation Register may be given. Part 8 reflects changes to the names of the following Divisions:

Name of Division in the Principal Regulations

Name of Division in the Regulations

Central Australian Division of General Practice Incorporated

Central Australian Division of Primary Health Care Incorporated

Top End Division of General Practice

Top End Division of General Practice Incorporated

 

Overview

The Health Insurance Amendment Regulations 2004 (No. 9) were enacted to address the need for updating the list of prescribed bodies under the Health Insurance Act 1973. This Act establishes and maintains the Australian Childhood Immunisation Register (the Register) and specifies the functions and powers of the Health Insurance Commission (the Commission) in relation to the Register. The Regulations were issued by the Minister for Health and Ageing and aim to reflect the changes in the names of prescribed bodies due to organisational restructuring and to better reflect their jurisdictional coverage. The enacting body was the Parliament of Australia, and the policy objective was to ensure that the information about children's immunisation is provided to the appropriate bodies for the effective management and maintenance of the Register. These Regulations substitute a new Schedule 1A to the Health Insurance Regulations 1975, adding and removing certain entries on the list of prescribed bodies as a result of amalgamations and name changes.

Scope and Application

The Health Insurance Amendment Regulations 2004 (No. 9) amends the Health Insurance Regulations 1975 by updating the list of prescribed bodies that can receive information from the Australian Childhood Immunisation Register. These regulations apply to recognised providers and prescribed bodies, primarily Divisions of General Practice and State and Territory Health Departments, across various Australian jurisdictions. The changes in the regulations include updating the names of various Divisions of General Practice to reflect changes in their company structure or jurisdictional coverage, as well as adding and removing certain entries due to amalgamations. This amendment ensures that the list of bodies authorised to access immunisation information remains current and accurate. The regulations do not impose any specific conditions or thresholds for their application, and they commence on the date of their notification in the Gazette.

Key Provisions

The main operative sections of the Health Insurance Amendment Regulations 2004 (No. 9) focus on updating the list of prescribed bodies eligible to receive information from the Australian Childhood Immunisation Register, as per Section 46B of the Health Insurance Act 1973. Regulation 3 and Schedule 1 of the Regulations substitute a new Schedule 1A to the Health Insurance Regulations 1975, detailing which bodies can access immunisation data. This includes updating the names of fifty-two bodies to reflect changes in their structure or jurisdictional coverage, and accounting for mergers by adding or removing certain entries. For instance, in New South Wales, the Riverina Division of General Practice Incorporated is added, while the Wagga Wagga and District Division of General Practice Incorporated is removed. The Regulations impose obligations on the Health Insurance Commission to ensure that the updated list of prescribed bodies is accurately reflected in Schedule 1A. This includes verifying the names and eligibility of bodies that can access immunisation data, and ensuring that any changes due to mergers or structural changes are correctly documented. The Regulations also require the Commission to notify these prescribed bodies about any changes to their eligibility status or the cessation of their ability to access the Register. There are no specific offences, penalties, or consequences outlined in the explanatory statement for failing to comply with these Regulations. However, breaches of the Health Insurance Act 1973, which these Regulations aim to support, can lead to civil and criminal penalties. For example, unauthorised use or disclosure of personal information can result in significant fines, with maximum penalties varying depending on the severity of the breach. These penalties underscore the importance of adhering to the provisions set out in the Regulations and the underlying Act. In summary, the Health Insurance Amendment Regulations 2004 (No. 9) aim to ensure that the list of bodies eligible to access the Australian Childhood Immunisation Register is up-to-date and accurate, reflecting changes in organisational structures and mergers. These Regulations are crucial for maintaining the integrity and effectiveness of the immunisation data collection and dissemination process.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.