Document ID: chunk:federal_register_of_legislation:F2024L00982:clause:2_6
Version: federal_register_of_legislation:F2024L00982
Segment Type: clause
Provision Reference: sch 2 cl 6
Character Range: 7699–10532

6  Simplified outline of this instrument

      This instrument relates to claims information, and is made under section 135AA of the Act. This instrument is structured as follows:
         • Part 1 deals with introductory material and definitions of terms used in this instrument.
         • Part 2 specifies the ways in which claims information may be stored, and specifies the circumstances in which creating copies of information in paper or similar form is prohibited. Part 2 is made for the purposes of paragraph 135AA(5)(a) of the Act.
         • Part 3 specifies the uses to which agencies may put claims information. Part 3 is made for the purposes of paragraph 135AA(5)(b) of the Act.
         • Part 4 specifies the circumstances in which agencies may disclose claims information. Some disclosures of claims information must be done under data sharing agreements. Requirements for data sharing agreements are specified in Schedule 1 to this instrument. Part 4 is made for the purposes of paragraph 135AA(5)(c) of the Act.
         • Part 5 prohibits agencies from storing in the same database information that was obtained under the Medicare Benefits Program and information that was obtained under the Pharmaceutical Benefits Program. Part 5 is made for the purposes of paragraph 135AA(5)(d) of the Act.
         • Part 6 prohibits certain linkages of claims information, unless authorised in the way specified in this instrument, and specifies many of the permitted linkages. Part 6 is made for the purposes of paragraph 135AA(5)(e) of the Act.
         • Part 7 specifies a variety of requirements with which agencies must comply in relation to old information. Part 7 is made for the purposes of paragraph 135AA(5)(f) of the Act.
         • Part 8 deals with transitional arrangements consequent on the repeal of the National Health (Privacy) Rules 2021.
         • Schedule 1 specifies requirements for data sharing agreements.
         • Schedule 2 specifies the National Health (Privacy) Rules 2021 as the instrument that is repealed by section 4.
      This instrument should be read alongside subsections 135AA(5A) to (5C) of the Act, which modify the effect of this instrument.
      A breach of this instrument constitutes an act or practice involving interference with the privacy of an individual, for the purposes of the Privacy Act 1988. An individual may complain to the Information Commissioner in relation to breaches of this instrument. Complaints are investigated under Part V of the Privacy Act 1988 (applying in a modified form): see section 135AB of the Act.

Part 2—Ways in which claims information may be stored
Note 1:  This Part is made for the purposes of paragraph 135AA(5)(a) of the Act.
Note 2: See Part 5 for a prohibition relating to storage of claims information in the same database.