EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 290
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
HEALTH INSURANCE ACT 1973
HEALTH INSURANCE REGULATIONS (AMENDMENT)
Section 133 of the Health Insurance Act 1973 (‘the Act’) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out our giving effect to the Act.
Sub-section 130(1) of the Act provides that a person shall not, directly or indirectly, except in the performance of his duties, or in the exercise of his powers or functions, under the Act, and while he is, or after he ceases to be, an officer, make a record of, divulge or communicate to any person, any information with respect to the affairs of another person acquired by him in the performance of his duties, or in the exercise of his powers or functions, under the Act. An “officer” is, by virtue of sub-section 130(14) of the Act, a person performing duties, or exercising powers or functions, under, or in relation to, the Act.
By virtue of paragraph 130(3)(b) of the Act, the Secretary or the General Manager of the Health Insurance Commission (‘the Commission’) may divulge information to which sub-section 130(1) of the Act relates, notwithstanding the provisions of that sub-section, to any prescribed authority or person. Sub-section 130(4) of the Act, however, prohibits information so divulged from being further divulged by the recipient authority or person, and by any person or employee under the control of that person or authority.
Regulation 9B of the Health Insurance Regulations (‘the Regulations’) prescribes for the purposes of paragraph 130(3)(b) of the Act, authorities and persons to whom information, to which sub-section 130(1) of the Act relates, may be divulged.
The Government agreed that the Department of Social Security should be permitted to make use of computer records of other Commonwealth instrumentalities, including the Commission, for the purpose of verifying identification details supplied by claimants and beneficiaries under legislation administered by that Department. Cross-matching of these records with those of
the Department of Social Security provides an efficient means of verification with minimum investigation of, and inconvenience to, bona fide claimants and beneficiaries. Relevant computer records of the Commission are those relating to payments of medicare benefits under the Act which are subject to sub-section 130(1) of the Act.
The Statutory Rules amend regulation 9B of the Regulations, to prescribe the Secretary of the Department of Social Security for the purposes of paragraph 130(3)(b) of the Act. This permits access by the Secretary and persons or employees under the control of the Secretary, to computer records of the Commission for the purpose described above.
The Statutory Rules came into operation on the date of their notification in the Commonwealth of Australia Gazette.