Healthcare Identifiers (Consequential Amendments) Act 2010

Administered by Department of Health, Disability and Ageing

Legislation au C2010A00073 In force Act

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Healthcare Identifiers (Consequential Amendments) Act 2010

 

No. 73, 2010

 

 

 

 

 

An Act to deal with consequential matters in connection with the Healthcare Identifiers Act 2010, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Health Insurance Act 1973

Schedule 2—Amendment of the Privacy Act 1988

Part 1—Main amendments

Privacy Act 1988

Part 2—Amendments contingent on the Personal Property Securities (Consequential Amendments) Act 2009

Privacy Act 1988

Schedule 3—Amendment of the Healthcare Identifiers Act 2010

 

 

 

Healthcare Identifiers (Consequential Amendments) Act 2010

No. 73, 2010

 

 

 

An Act to deal with consequential matters in connection with the Healthcare Identifiers Act 2010, and for related purposes

[Assented to 28 June 2010]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Healthcare Identifiers (Consequential Amendments) Act 2010.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 June 2010

2.  Schedule 1

At the same time as the Healthcare Identifiers Act 2010 commences.

29 June 2010

3.  Schedule 2, Part 1

At the same time as the Healthcare Identifiers Act 2010 commences.

29 June 2010

4.  Schedule 2, Part 2

The later of:

(a) immediately after the commencement of item 26 of Schedule 5 to the Personal Property Securities (Consequential Amendments) Act 2009; and

(b) immediately after the commencement of the Healthcare Identifiers Act 2010.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

30 January 2012
(paragraph (a) applies)

5.  Schedule 3

The later of:

(a) the commencement of section 3 of the Australian Information Commissioner Act 2010; and

(b) immediately after the commencement of the Healthcare Identifiers Act 2010.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 November 2010

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Health Insurance Act 1973

 

1  Subsection 131(1)

After “this Act”, insert “or the Healthcare Identifiers Act 2010”.


Schedule 2—Amendment of the Privacy Act 1988

Part 1—Main amendments

Privacy Act 1988

1  Section 6(1) (at the end of the definition of agency)

Add:

 ; or (l) the service operator under the Healthcare Identifiers Act 2010.

2  Subsection 6(1)

Insert:

healthcare identifier has the meaning given by the Healthcare Identifiers Act 2010.

3  Subsection 6(1)

Insert:

healthcare identifier offence means:

 (a) an offence against section 26 of the Healthcare Identifiers Act 2010; or

 (b) an offence against section 6 of the Crimes Act 1914 that relates to an offence mentioned in paragraph (a) of this definition.

Note: For ancillary offences, see section 11.6 of the Criminal Code.

4  At the end of section 13

Add:

Note: A contravention of the Healthcare Identifiers Act 2010, or of regulations made under that Act, is an interference with the privacy of an individual and is covered by this section (see subsection 29(1) of that Act).

5  After section 27

Insert:

27A  Functions of Commissioner in relation to healthcare identifiers

 (1) In addition to the functions under sections 27, 28 and 28A, the Commissioner has the following functions in relation to healthcare identifiers:

 (a) to investigate an act or practice that may be an interference with the privacy of an individual under subsection 29(1) of the Healthcare Identifiers Act 2010 and, if the Commissioner considers it appropriate to do so, to attempt by conciliation, to effect a settlement of the matters that gave rise to the investigation;

 (b) to do anything incidental or conducive to the performance of that function.

 (2) The Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions under subsection (1).

 (3) Section 38 (severability) of the Healthcare Identifiers Act 2010 applies to this section in the same way as it applies to Parts 3 and 4 of that Act.

6  Subsections 28(1) and 28A(1)

After “sections 27”, insert “, 27A”.

7  Subsection 49(1)

After “tax file number offence”, insert “, a healthcare identifier offence”.


Part 2—Amendments contingent on the Personal Property Securities (Consequential Amendments) Act 2009

Privacy Act 1988

8  Section 13 (note) (the note added by item 4 of this Schedule)

After “Note”, insert “1”.

9  Section 13 (note) (the note added by item 26 of Schedule 5 to the Personal Property Securities (Consequential Amendments) Act 2009)

After “Note”, insert “2”.

10  Subsection 27A(1)

Omit “and 28A”, substitute “, 28A and 28B”.

11  Subsection 28B(1)

After “sections 27”, insert “, 27A”.


Schedule 3—Amendment of the Healthcare Identifiers Act 2010

 

1  Subsection 30(1)

Omit “Privacy Commissioner”, substitute “Information Commissioner”.

Note 1: The heading to section 29 is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”.

Note 2: The heading to section 30 is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”.

2  Subsection 30(1)

Omit “Privacy Commissioner’s”, substitute “Information Commissioner’s”.

3  Subsections 30(2) and (3)

Omit “Privacy Commissioner”, substitute “Information Commissioner”.

 

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 10 February 2010

Senate on 15 March 2010]

 

 

 

 

 

 

 

 

 

 

 

(26/10)

 

Overview

The Healthcare Identifiers (Consequential Amendments) Act 2010 (C2010A00073) was enacted to address the consequential amendments required by the Healthcare Identifiers Act 2010. This Act, assented to on 28 June 2010, was passed by the Parliament of Australia and aims to align other relevant legislation with the introduction of the Healthcare Identifiers Act 2010. It ensures that related Acts, such as the Health Insurance Act 1973, the Privacy Act 1988, and the Healthcare Identifiers Act 2010 itself, are modified to reflect the new healthcare identifiers framework. The primary objective of this Act is to provide the necessary amendments to existing legislation to accommodate the implementation of healthcare identifiers, ensuring a cohesive and integrated approach to healthcare data management and privacy protection. The amendments include modifications to definitions, functions, and roles within the specified Acts, particularly focusing on the integration of the new healthcare identifiers system and its impact on privacy and data handling practices.

Scope and Application

The Healthcare Identifiers (Consequential Amendments) Act 2010 is a legislative measure designed to address consequential matters arising from the implementation of the Healthcare Identifiers Act 2010. This Act applies to various entities and individuals who are subject to the regulations and provisions of the amended Acts, including the Health Insurance Act 1973, the Privacy Act 1988, and the Healthcare Identifiers Act 2010. These entities include healthcare providers, service operators, and individuals whose personal information is processed under these Acts. The Act's jurisdiction extends across the Commonwealth of Australia, impacting national healthcare systems and privacy protections. The application of this Act is phased, with different sections commencing on specific dates, some contingent on the commencement of other related legislation. Notably, certain provisions in Schedule 2, Part 2, will not commence unless particular events, such as the commencement of certain sections of the Personal Property Securities (Consequential Amendments) Act 2009, occur. The Act includes amendments to existing legislation to ensure consistency and integration with the new healthcare identifiers framework, with specific exclusions and thresholds as outlined in the schedules. Additionally, subordinate instruments may further extend or restrict the application of this Act.

Key Provisions

The Healthcare Identifiers (Consequential Amendments) Act 2010 makes amendments to various pieces of legislation to align with the new provisions introduced by the Healthcare Identifiers Act 2010. The primary sections that require attention are those within the schedules, which detail amendments to the Health Insurance Act 1973, the Privacy Act 1988, and the Healthcare Identifiers Act 2010 itself. For instance, Section 1 of Schedule 1 amends the Health Insurance Act 1973 by adding "or the Healthcare Identifiers Act 2010" to Subsection 131(1). Similarly, Schedule 2 makes significant changes to the Privacy Act 1988, including the addition of definitions for "healthcare identifier" and "healthcare identifier offence" in Section 6(1), and the inclusion of new functions for the Commissioner under Section 27A. Schedule 3 revises the Healthcare Identifiers Act 2010 by replacing references to the "Privacy Commissioner" with the "Information Commissioner" in Subsection 30(1) and related subsections. The Act imposes specific obligations on various parties, including the Commissioner under the Privacy Act 1988. The Commissioner is tasked with investigating potential privacy interferences related to healthcare identifiers and attempting to resolve these issues through conciliation, as outlined in Section 27A. Furthermore, the amendments necessitate compliance with the new definitions and functions specified within the Privacy Act 1988 and the Healthcare Identifiers Act 2010. For example, entities handling healthcare identifiers must ensure their practices do not interfere with individual privacy, as this would constitute a contravention of the Privacy Act 1988. Breaches of the provisions outlined in this Act can result in civil or criminal penalties. Under the Privacy Act 1988, a contravention of the Healthcare Identifiers Act 2010 is considered an interference with privacy and is subject to penalties. Additionally, specific offences related to healthcare identifiers are defined and carry their own penalties. For example, Section 26 of the Healthcare Identifiers Act 2010, which is referenced as a healthcare identifier offence, may result in penalties for those found in breach. The exact penalties are not specified in the Act but are governed by other relevant legislation, such as the Criminal Code. The severity of these penalties can vary depending on the nature and extent of the breach.

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Area of Law
Privacy Law
Health Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Enforcement Powers
Regulatory Standards

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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.