Document ID: chunk:federal_register_of_legislation:C2004A00739:clause:1_88aa
Version: federal_register_of_legislation:C2004A00739
Segment Type: clause
Provision Reference: sch 1 cl 88AA
Character Range: 28320–31088

88AA  Power of medical practitioners and participating dental practitioners to record and retain medicare numbers and expiry dates

 (1) If:
 (a) a medical practitioner or a participating dental practitioner is provided with a medicare number as a number applicable to a person (whether with or without the expiry date in relation to that number) either:
 (i) as a result of a request under subsection 88(3A); or
 (ii) to facilitate the writing of a prescription for the supply of pharmaceutical benefits at a later time or times; and
 (b) the practitioner is satisfied that the person providing the number, or number and date, is:
 (i) the person in respect of whom the number was provided; or
 (ii) the legal guardian of that person; or
 (iii) another person who, in accordance with a written determination made by the Minister for the purposes of this subsection, is capable of giving an authorisation under this subsection;
the practitioner may, with the authorisation of the person providing the number, or number and date:
 (c) record and retain that number, or number and date, in the practitioner's records; or
 (d) if the practitioner has already recorded and retained either or both of those particulars by virtue of a previous operation of this section—check the accuracy and completeness of the recorded particulars and, if the recorded particulars are inaccurate or incomplete, appropriately modify those particulars.

 (2) Nothing in subsection (1) implies that a person is under any obligation to authorise the recording and retention, in a practitioner's records, of a medicare number, or of the expiry date in relation to such a number, provided as a result of a request under subsection 88(3A).

Practitioner responsible for storage and security

 (3) A medical practitioner or a participating dental practitioner who, under this section, records and retains medicare numbers, or medicare numbers and expiry dates in relation to those numbers, in the practitioner's records must ensure:
 (a) that the record of those numbers, or numbers and dates, is protected, by such security safeguards as it is reasonable in the circumstances to take, against loss, against unauthorised access, use, modification or disclosure, and against other misuse; and
 (b) that if it is necessary for access to the record of those numbers, or numbers and dates, to be given to a person in connection with the provision of services to the practitioner, everything reasonably within the power of the practitioner is done to prevent unauthorised use or disclosure of information contained in that record.

 (4) Ministerial determinations for the purposes of subsection (1) are disallowable instruments within the meaning of section 46A of the Acts Interpretation Act 1901.