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HUMAN SERVICES (MEDICARE) ACT 1973 - SECT 43A

Multiple secrecy provisions

Scope

  (1)   This section applies to particular information if:

  (a)   the information is subject to a regulatory regime under a designated program Act (the first program Act ); and

  (b)   the information is also subject to a regulatory regime under another designated program Act (the second program Act ).

For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act.

Disclosure or use of information etc.

  (2)   If:

  (a)   the Secretary, the Chief Executive Medicare or a Departmental employee:

  (i)   discloses the information; or

  (ii)   uses the information; or

  (iii)   makes a record of the information; and

  (b)   the Secretary, the Chief Executive Medicare or the Departmental employee, as the case may be, does so without contravening the first program Act;

the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act.

Definitions

  (3)   In this section:

"designated program Act" means:

  (a)   the A New Tax System (Family Assistance) (Administration) Act 1999 ; or

  (b)   the Aged Care Act 1997 ; or

  (ba)   the Australian Immunisation Register Act 2015 ; or

  (c)   the Child Support (Assessment) Act 1989 ; or

  (d)   the Child Support (Registration and Collection) Act 1988 ; or

  (e)   the Dental Benefits Act 2008 ; or

  (f)   the Disability Services and Inclusion Act 2023 ; or

  (g)   the Health Insurance Act 1973 ; or

  (h)   the Medical Indemnity Act 2002 ; or

  (i)   the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 ; or

  (j)   the National Health Act 1953 ; or

  (k)   the Paid Parental Leave Act 2010 ; or

  (l)   the Private Health Insurance Act 2007 ; or

  (m)   the Social Security (Administration) Act 1999 ; or

  (n)   the Student Assistance Act 1973 ; or

  (o)   an Act specified in a legislative instrument made by the Minister for the purposes of this paragraph.

"disclose" means disclose, divulge or communicate.



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