Document ID: chunk:federal_register_of_legislation:F2021L01571:reg:13
Version: federal_register_of_legislation:F2021L01571
Segment Type: reg
Provision Reference: reg 13
Character Range: 19479–21650

13  Name linkage

        (1)  Other than where it is being collected in accordance with section 7(9) to enable the Chief Executive Medicare to perform health provider compliance functions, an officer of the Department of Health may collect from Services Australia the name and other personal identification components corresponding to a Medicare PIN where that is authorised by the Secretary of the Department of Health, or delegate, and 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 information; or

             (b)  for the purpose of disclosing personal information in a specific case or in a specific set of circumstances as expressly authorised or required by or under law.

        (2)  The Secretary of the Department of Health, or delegate, must ensure that where information is obtained under paragraph (a) of section 13(1), that information is not retained once the doubt has been clarified.

        (3)  The Department of Health must maintain and make publicly available a policy statement outlining its practices of disclosure in relation to paragraph (b) of section 13(1).

        (4)  The Secretary of the Department of Health, or delegate, must establish procedures to ensure that a request to disclose identified individual information is referred to Services Australia where practicable.  Requests for disclosure should only be handled by the Department of Health where it is not practicable for the request to be referred to Services Australia.

        (5)  Where information is collected under paragraph (b) of section 13(1), the Secretary of the Department of Health, or delegate, must ensure that:

         (a)  a record of that collection is retained by the Department of Health; and

         (b)  the record is held under strict security by a designated officer.

        (6)  The Secretary of the Department of Health must advise the Australian Information Commissioner of procedures developed to ensure compliance with sections 13(2), (4) and (5) and any changes to those procedures.