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.
Overview
The Human Services Legislation Amendment Act 2011, enacted by the Australian Parliament, aimed to integrate Medicare Australia and Centrelink into the Department of Human Services (DHS) as of 1 July 2011. This legislation amended the Medicare Australia Act 1973 and the Commonwealth Services Delivery Agency Act 1997, renaming them the Human Services (Medicare) Act 1973 and the Human Services (Centrelink) Act 1997 respectively. The primary objective was to ensure the permitted flows of customer information across DHS programs were consistent with the existing arrangements between DHS, Medicare Australia, and Centrelink, particularly concerning the use and disclosure of information obtained under programs delivered by Medicare Australia. The Human Services (Medicare) (Medicare Programs) Specification 2011 was introduced to address this by defining "medicare program" under section 41G of the amended Act, thereby enabling the continued use of protected information within the human services portfolio.
Scope and Application
The Human Services (Medicare) (Medicare Programs) Specification 2011 applies to the services, benefits, programs, or facilities delivered by the Department of Human Services (DHS), which integrates Medicare Australia and Centrelink from 1 July 2011 as per the Human Services Legislation Amendment Act 2011. This specification ensures the seamless continuation of information flows across the various Medicare programs that are now managed by DHS. It specifically defines "medicare programs" as those services, benefits, programs, or facilities provided under certain health-related Acts, as well as those specified in the legislative instrument made by the Minister. The geographic reach of this Act is national, encompassing all operations carried out within Australia. The legislation does not explicitly outline exclusions or exemptions but implicitly ensures that the specified programs continue to operate under similar conditions as before the integration. Any further detailing or adjustments to the scope of the Act can be made through subordinate instruments issued by the Minister.
Key Provisions
The Human Services (Medicare) (Medicare Programs) Specification 2011 represents a legislative instrument that ensures continuity and operational efficiency in the delivery of health-related programs following the integration of Medicare Australia and Centrelink into the Department of Human Services (DHS) from 1 July 2011. This instrument introduces the concept of “medicare programs” as defined in section 41G of the Human Services (Medicare) Act 1973. These programs encompass services, benefits, programs, or facilities provided under specific Acts such as the Health Insurance Act 1973, the National Health Act 1953, and others. Additionally, it includes services, benefits, programs, or facilities specified in a legislative instrument made by the Minister under paragraph 41G(b), which are not covered by the aforementioned Acts. This specification ensures that information obtained for the purposes of a medicare program can continue to be used for other medicare programs, thereby maintaining the current flow of customer information across programs delivered by DHS.
In terms of obligations and requirements, the Act mandates that the specified programs, which were previously delivered by Medicare Australia, are now to be delivered by DHS from 1 July 2011. This transition requires DHS to manage and protect the sensitive information obtained under these programs, ensuring that it is used appropriately and in compliance with existing secrecy provisions. The legislation ensures that the operational integrity of these programs is preserved, maintaining the existing framework for information sharing and use within the human services portfolio. It is essential that DHS adheres to these provisions to facilitate the smooth operation of health-related programs and to protect the confidentiality of customer data.
The legislation also outlines potential consequences for breaches of the provisions. While specific penalties are not detailed within the explanatory statement, breaches of secrecy provisions in general can lead to significant civil and criminal penalties. The exact penalties may vary depending on the severity and nature of the breach, but they can include substantial fines and, in more severe cases, imprisonment. The overarching aim is to deter unauthorised use or disclosure of protected information and to ensure that any breaches are addressed promptly and effectively. Ensuring compliance with these provisions is crucial for maintaining the trust and confidence of program participants and the broader public.