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National Health (Privacy) Rules 2021

I, Elizabeth Hampton, Acting Australian Information Commissioner, make the following instrument.

Dated 12 November 2021

Elizabeth Hampton
Acting Australian Information Commissioner

Part 1—Introduction

1 Name
This instrument is to be known as the National Health (Privacy) Rules 2021.
2 Commencement
This instrument commences on the later of:

        (1) The day specified under section 135AA(8) of the National Health Act 1953; and

        (2) 1 April 2022.

3 Authority
This instrument is made under section 135AA of the National Health Act 1953.
4 Definitions
         Note: A number of expressions used in this instrument are defined in the Act, and have the same meaning in this instrument, including the following:
       (a) agency
       (b) database
         (c) Medicare Benefits Program
         (d) old information
         (e) personal identification components
         (f) Pharmaceutical Benefits Program
         (g)  pharmaceutical entitlements number

  In this instrument:
  Act means the National Health Act 1953.

    claims information means information to which these Rules relate as defined in section 135AA(1) of the Act; for clarity in these Rules, as is indicated in section 135AA(2), 'claims information' does not include information about service providers.

    Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.

    delegate means a Deputy Secretary or First Assistant Secretary of the Department of Health or the Australian Government Chief Medical Officer to whom a delegation has been made by the Secretary of the Department of Health.

    Department of Health means the Department of Health or any other successor agency or agencies which may have responsibility under the Administrative Arrangements Order as made from time to time for administration of relevant provisions of the Act or the Health Insurance Act 1973 or for enabling the Chief Executive Medicare to perform health provider compliance functions.

  enforcement body is defined in section 6 of the Privacy Act 1988.

    Health provider compliance function means a statutory function, duty or power of the Chief Executive Medicare under either the Health Insurance Act 1973 or the Act or the Dental Benefits Act 2008 or the Human Services (Medicare) Act 1973, where a health provider is the subject of the performance of the function or the exercise of the power or duty.

    Services Australia is the executive agency created by the order of the Governor-General on 5 December 2019 and includes any successor agency or agencies.

5 Repeal of this instrument
This instrument is repealed at the start of 1 April 2025.
Part 2—Australian Government Agencies

6 Handling of claims information

        (1)  Agencies must store claims information obtained under the Medicare Benefits Program in a separate database to claims information obtained under the Pharmaceutical Benefits Program.

Part 3—Services Australia and the Department of Health