EXPLANATORY STATEMENT
Human Services (Medicare) (Medicare Programs) Specification 2011
The Human Services Legislation Amendment Act 2011 (the Amendment Act) integrates Medicare Australia and Centrelink into the Department of Human Services (DHS) from 1 July 2011. The Amendment Act amends the Medicare Australia Act 1973 and the Commonwealth Services Delivery Agency Act 1997, and renames the Acts as the Human Services (Medicare) Act 1973 and the Human Services (Centrelink) Act 1997 respectively.
Medicare Australia and Centrelink currently deliver various programs under legislation that contains secrecy provisions. From 1 July 2011 those programs will be delivered by DHS.
In certain circumstances information obtained under a program delivered by Medicare Australia can be used or disclosed for the purposes of other programs delivered by Medicare Australia. The Amendment Act introduces the concept of “medicare programs” into secrecy provisions governing programs delivered by DHS, as part of a package of amendments to those provisions to ensure that the permitted flows of customer information across DHS programs after 1 July 2011 is similar to that which is currently permitted across the programs delivered by DHS, Medicare Australia and Centrelink.
The key amendment that achieves this result is the addition of section 41G into the Human Services (Medicare) Act 1973. Section 41G is a general interpretation provision that defines “medicare program” for the purposes of any law of the Commonwealth as:
- services, benefits, programs or facilities that are provided for under the Health Insurance Act 1973, the National Health Act 1953, the Dental Benefits Act 2008, the Aged Care Act 1997, the Healthcare Identifiers Act2010, the Private Health Insurance Act 2007, or the Health and Other Services (Compensation) Act 1995 (paragraph 41G(a)); and
- services, benefits programs of facilities specified in a legislative instrument made by the Minister (paragraph 41G(b)).
The Human Services (Medicare) (Medicare Programs) Specification 2011 specifies, under paragraph 41G(b), programs that are currently delivered by Medicare Australia but which are not delivered under the legislation specified in paragraph 41G(a). The programs specified in the instrument will be delivered by DHS from 1 July 2011. This instrument ensures that from that date, information obtained for the purposes of a medicare program will continue to be able to be used for the purposes of other medicare programs.
The specification enables continued efficient operation of health-related programs currently delivered by Medicare Australia, but which will be delivered by DHS from 1 July 2011, in practical terms maintaining the status quo for use of protected information within the human services portfolio. Accordingly, no public consultation on the specification was considered necessary.
The specification commences on 1 July 2011, at the same time as section 41G of the Medicare Act.
No statutory preconditions needed to be satisfied prior to the making of the specification.