Document ID: chunk:federal_register_of_legislation:F2024L00982:clause:2_11:p1
Version: federal_register_of_legislation:F2024L00982
Segment Type: clause
Provision Reference: sch 2 cl 11 (pt 1/2)
Character Range: 16721–19693

11  Circumstances in which agencies may disclose claims information
 (1) This section specifies the circumstances in which agencies may disclose claims information. Each of subsections (2) to (9) specifies a separate circumstance, and no subsection limits any other subsection.

Disclosure by Services Australia to the Health Department
 (2) Services Australia may disclose claims information to the Health Department where the disclosure is for the purposes of the performance of the health provider compliance functions.
 (3) Services Australia may disclose claims information to the Health Department so long as none of the following is disclosed together with the claims information:
 (a) personal identification components;
 (b) an algorithm which enables an encrypted Medicare card number to be unencrypted;
 (c) the name corresponding to a Medicare PIN.
 (4) Services Australia may disclose, to the Health Department, personal identification components that correspond to a particular Medicare PIN where the Secretary of the Health Department has decided that the disclosure is necessary:
 (a) to clarify which information relates to a particular individual, where doubt has arisen in the conduct of an activity involving the linkage of de‑identified claims information; or
 (b) for the purposes of disclosing personal information (within the meaning of the Privacy Act 1988) in a specific case, or in a specific set of circumstances, as expressly authorised or required by or under law.

Disclosure by the Health Department to Services Australia
 (5) The Health Department may disclose, to Services Australia, old information for:
 (a) a permitted purpose referred to in paragraph 19(a); or
 (b) inclusion in a database in which Services Australia stores old information from the Medicare Benefits Program or the Pharmaceutical Benefits Program in accordance with this instrument.

Disclosures by primary agency to secondary agency
 (6) A primary agency may disclose claims information to a secondary agency where:
 (a) the disclosure is in accordance with a data sharing agreement (see clause 2 of Schedule 1); and
 (b) the disclosure is not for the agency to undertake medical research; and
 (c) the disclosure complies with the data minimisation principle; and
 (d) the disclosure does not include both the name and the Medicare PIN of any person to whom disclosed claims information relates.

Disclosures by a primary agency for medical research
 (7) A primary agency may disclose claims information to an agency or person where:
 (a) the disclosure is in accordance with a data sharing agreement (see clause 3 of Schedule 1); and
 (b) the disclosure is for the agency or person to undertake medical research; and
 (c) the disclosure complies with the data minimisation principle; and
 (d) if an individual is reasonably identifiable from the information that is proposed to be disclosed—before disclosing the information, the primary agency is satisfied that: