health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.7
1 After Part VIII
Definitions for matching of health practitioner information
132A Definitions
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.8
132B Data-matching by the Chief Executive Medicare
Chief Executive Medicare may match certain information for permitted purposes.
132B(1) Data-matching by the Chief Executive Medicare
Authorisation for data-matching by a Commonwealth entity
132B(2) Data-matching by the Chief Executive Medicare
Temporal relation between Chief Executive Medicare and Commonwealth entity
the Chief Executive Medicare may authorise a Commonwealth entity to match information
for the purposes of the Privacy Act 1988
Artificial intelligence application of the authorisation
This subsection constitutes an authorisation
a Commonwealth entity may match information
Implication of the authorisation on data-matching
Validation of the authorisation against a schema
Note: This subsection constitutes an authorisation
Authorised Commonwealth entities must comply with terms and conditions for data-matching.
132B(3) Data-matching by the Chief Executive Medicare
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.10
132C Secretary may disclose therapeutic goods information to the
Secretary may disclose therapeutic goods information to the Chief Executive for matching purposes.
132C(1) Secretary may disclose therapeutic goods information to the
The Chief Executive Medicare may disclose therapeutic goods information.
132C(2) Secretary may disclose therapeutic goods information to the
132D Private health insurer may disclose information about hospital
Disclosure of hospital treatment information for data-matching purposes
132D(1) Private health insurer may disclose information about hospital
Authorisation for disclosure of information
Disclosure of information by private health insurer
132D(2) Private health insurer may disclose information about hospital
Disclosure of information to Chief Executive Medicare is an authorized disclosure.
132D(3) Private health insurer may disclose information about hospital
...the disclosure is taken to be an authorized disclosure.
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.11
Interference with privacy constitutes a breach of this Part.
132E Breach of provision of this Part is an interference with privacy
Interference with privacy is an obligation.
132F Data-matching principles
The Minister must make principles for data matching.
132F(1) Data-matching principles
Establish and maintain a publicly available register of matched information
132F(2) Data-matching principles
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.12
2 After subsection 135A(5C)
No data-matching is prohibited under this section.
3 After subsection 135AA(5B)
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.13
Applicability of section 132B of the National Health Act 1953
4 Application—information collected etc. before
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.14
5 At the end of section 6
5(10) At the end of section 6
Delegate must follow directions from Chief Executive Medicare.
5(11) At the end of section 6
Directions from Chief Executive Medicare may overlap with delegated power
Directions may overlap with delegated power
Directions from Chief Executive Medicare
Must follow directions from Chief Executive Medicare
Exercise of power by Chief Executive Medicare is not prevented by delegation under subsection (9)
5(12) At the end of section 6
Exercise of power is not prevented by delegation
Delegation of powers by Chief Executive Medicare
5(9) At the end of section 6
Requires relation between identifiable temporal intervals for conditional commencement
Conditional commencement is Undertaking, not Prohibition
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.15
Permits divulgence of information for matching purposes.
6 After subsection 130(5H)
Ensure matching of information under Part VIIIA is in accordance with that Part
7 At the end of subsection 33C(1)
The matching must be in accordance with that Part during the handling period
Ensure compliance during the handling of information
The handling of information occurs during the matching period
The matching must be in accordance with those terms and conditions
Ensure compliance through the terms and conditions relating to the matching of information
The terms and conditions are applied to the matching
The matching must be in accordance with that Part
Ensure compliance with the National Health Act 1953
Matching of information under Part VIIIA is required
The matching must be in accordance with those principles
Ensure compliance through the principles made by the Minister
The principles made by the Minister are applied to the matching
References National Health Act 1953 for authorised disclosure purposes
8 At the end of section 323-1
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.16
Disclosure of therapeutic goods information for data-matching purposes.
9 At the end of subsection 61(8)
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.17
1 Subsection 81(1)
Service rendered in connection with treatment under relevant DVA law must be reported.
2 Subsection 81(1) (after paragraph (b) of the definition of
Service is contained within the interval of services that would have been payable medicare or dental benefit if not rendered in connection with treatment under relevant DVA law.
Service is contained within the cognitive AI model of services that would have been payable medicare or dental benefit if not rendered in connection with treatment under relevant DVA law.
Obligation to report service rendered in connection with treatment under relevant DVA law.
Service is contained within the diffusion of services that would have been payable medicare or dental benefit if not rendered in connection with treatment under relevant DVA law.
Service is contained within the trace of services that would have been payable medicare or dental benefit if not rendered in connection with treatment under relevant DVA law.
Insertion of a specific clause after 'initiating services'
3 Subsection 82(1)
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.18
Repayment obligation for treatment under relevant DVA law
4 After paragraph 92(2)(c)
Debt due by person to Commonwealth if unpaid amount not paid
5 At the end of subsection 92(4)
Ceases payment of amount for treatment under relevant DVA law
6 After paragraph 106U(1)(cb)
Prohibits payment of amount for treatment under relevant DVA law
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.19
Amendments apply in relation to services provided on or after commencement.
7 Application
Purpose of the Health Department and Medicare
8 Subsection 409(2) (after table item 2A)
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.20
Inserts unpaid amounts under paragraph 92(4)(e) or (f)
9 Before paragraph 129AEF(1)(a)
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.5
1 Short title
health-legislation-amendment-data-matching-and-other-matters-act-2019.pdf, p.6
1 Section 1
The Act is the Health Legislation Amendment (Data-matching and Other Matters) Act 2019.
13 December
Commencement rules for provisions in the Act.
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the law relating to health, and for related purposes
Health Legislation Amendment (Data-matching and Other Matters) Act 2019