Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 132B

  (1)   Subject to this Part, the Chief Executive Medicare may, for a permitted purpose, match any of the following information:

  (a)   information that is held or has been obtained by the Chief Executive Medicare for the purpose of a medicare program;

  (b)   therapeutic goods information (within the meaning of subsection   61(1) of the Therapeutic Goods Act 1989 ) that has been disclosed under subsection   132C(1) of this Act;

  (c)   information that has been disclosed to the Chief Executive Medicare under section   132D;

  (d)   information that has been provided to the Chief Executive Medicare in accordance with the Health Practitioner Regulation National Law for a State or Territory;

  (e)   information that has been provided to the Chief Executive Medicare in accordance with any of the following Acts:

  (i)   the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ;

  (ii)   the Military Rehabilitation and Compensation Act 2004 ;

  (iii)   the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988 ;

  (iv)   the Treatment Benefits (Special Access) Act 2019;

  (v)   the Veterans' Entitlements Act 1986 ;

  (f)   any other information that may be lawfully provided to the Chief Executive Medicare (other than information that may only be obtained by the Chief Executive Medicare for the purpose of performing functions under the My Health Records Act 2012 ).

Note 1:   For the purposes of paragraph   (1)(a)--to avoid doubt, information that is held or has been obtained by the Chief Executive Medicare for the purpose of a medicare program includes information in a document that has been produced to the Chief Executive Medicare or to a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ) in accordance with section   129AAD of the Health Insurance Act 1973 .

Note 2:   This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 .

Data - matching by authorised Commonwealth entity on Chief Executive Medicare's behalf

  (2)   Subject to this Part, the Chief Executive Medicare may, in writing, authorise a Commonwealth entity to match information under subsection   (1) on the Chief Executive Medicare's behalf for a permitted purpose.

Note:   This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 .

  (3)   An authorised Commonwealth entity:

  (a)   must comply with any other terms and conditions relating to the matching of the information that are determined, in writing, by the Chief Executive Medicare; and

  (b)   must, if requested to do so by the Chief Executive Medicare, disclose the results of the matching to the Chief Executive Medicare.

Information must not be matched until Minister's principles have commenced

  (4)   Information must not be matched under subsection   (1) by the Chief Executive Medicare or an authorised Commonwealth entity until after the principles made by the Minister under subsection   132F(1) have commenced.