Document ID: chunk:federal_register_of_legislation:F2024L00982:clause:2_15:p1
Version: federal_register_of_legislation:F2024L00982
Segment Type: clause
Provision Reference: sch 2 cl 15 (pt 1/2)
Character Range: 24253–27097

15  Authorised linkages—primary agencies only
 (1) For section 13, and subject to sections 16 and 17, a linkage by a primary agency is authorised if:
 (a) the claims information relates to the same individual; and
 (b) the linkage is for a permitted purpose (subsection (2)); and
 (c) as soon as practicable after the purpose for which the information has been linked has been met, the agency destroys the linked claims information; and
 (d) the agency has in place measures to ensure that the linkages of claims information are traceable; and
 (e) the agency makes arrangements, for the purposes of this instrument, for the security of records of linked claims information; and
 (f) the linkage complies with the data minimisation principle.
Note 1: For paragraph (c), see subsection 5(2) for the meaning of references to destroying linked claims information.
Note 2: For paragraph (d), see subsection 5(3) for the meaning of references to tracing linkages of claims information.
Note 3: If the claims information includes old information, it may also be necessary to re-link the old information with the personal identification components—see section 19.

Permitted purposes
 (2) For paragraph (1)(b), each of the following is a permitted purpose for the linking of claims information:
 (a) using the linked information as authorised or required by law, and as reasonably necessary for the discharge of statutory functions, duties and powers of the Secretary or the Chief Executive Medicare in relation to:
 (i) the enforcement of the criminal law;
 (ii) the enforcement of a law imposing a pecuniary penalty; or
 (iii) the protection of the public revenue;
 (b) the agency that is linking the information disclosing it as required or authorised by law;
 (c) disclosing the linked information to an enforcement body, if the disclosure is reasonably necessary for:
 (i) the enforcement of the criminal law; or
 (ii) the enforcement of a law imposing a pecuniary penalty; or
 (iii) the protection of the public revenue;
 (d) determining the eligibility of the individual to whom the information relates for a benefit under a program where the eligibility for that benefit is dependent upon services provided under another program;
 (e) preventing or lessening a serious and imminent threat to the life or health of any individual, where the Secretary or the Chief Executive Medicare believes on reasonable grounds that the linkage is necessary for this purpose;
 (f) disclosing information to the individual to whom the information relates, or to another person on behalf of that individual, where the individual has expressly consented to the disclosure;
 (g) taking action:
 (i) on an unresolved compensation matter; or
 (ii) on an investigation or a prosecution; or
 (iii) for recovery of a debt;
 (h) determining entitlement:
 (i) on a late