EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 50
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
HEALTH INSURANCE ACT 1973
HEALTH INSURANCE REGULATIONS
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 or 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 to the Department of Health or the General Manager of the Health Insurance 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.
Since the introduction of medicare in 1984, Deparment of Veterans’ Affairs beneficiaries may now have a dual entitlement to benefits under
the Repatriation legislation and medicare. Because of this the Department of Veterans’ Affairs requires limited access to claims data held by the Health Insurance Commission. Such an access not only streamlines claiming procedures but also minimises opportunities for lodging fraudulent claims on either organization.
New sub-regulation 9B(2A) prescribes the Secretary of the Department of Veterans’ Affairs to be a person to whom such information may be divulged.
The Statutory Rules came into operation on the date of their notification in the Commonwealth of Australia Gazette.