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Legislation in schedules is amended or repealed according to its terms.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