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2010
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
HUMAN SERVICES LEGISLATION AMENDMENT BILL 2010
REPLACEMENT EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Human Services,
the Honourable Tanya Plibersek, MP)
THIS MEMORANDUM REPLACES THE EXPLANATORY MEMORANDUM PRESENTED TO THE HOUSE
OF REPRESENTATIVES
ON 25 NOVEMBER 2010
HUMAN SERVICES LEGISLATION AMENDMENT BILL 2010
OUTLINE
In December 2009, the Australian Government announced the development of a
new service delivery approach that would significantly improve the
efficiency and effectiveness of service delivery to the Australian people.
As part of this Service Delivery Reform initiative, the Human Services
portfolio agencies (the Department of Human Services, including the Child
Support Program and CRS Australia, Centrelink and Medicare Australia) have
been integrating back-office support services and some customer-contact
areas including introduction of some co-located shopfronts.
The Human Services Legislation Amendment Bill 2010 (referred to in this
Explanatory Memorandum as "the Bill") formalises the changes already under
way and enables further integration of the service delivery agencies in the
portfolio by:
. The abolition of the statutory offices of Chief Executive
Officer of Medicare Australia and Chief Executive Officer of
Centrelink; and
. The creation of the statutory offices of Chief Executive
Medicare and Chief Executive Centrelink within the Department;
and
. The abolition of Medicare Australia and Centrelink as statutory
agencies;
. Providing for service related functions currently delivered by
Medicare Australia and Centrelink in support of their Chief
Executives to be delivered by Departmental employees; and
. Providing for new functions taken on by the Chief Executive
Medicare and the Chief Executive Centrelink in the future to be
delivered by Departmental employees.
These changes involve amendments of provisions of the Medicare Australia
Act 1973 (the MA Act) and the Commonwealth Services Agency Delivery Act
1997 (the Centrelink Act).
The Bill brings in amendments to clarify the operation of program secrecy
provisions after the restructure. The amendments are intended to ensure
that the secrecy provisions operate in substantially the same way after the
restructure and, in particular, to ensure that there are no new kinds of
data sharing without customer consent. The amendments:
. bring in new defined terms of "medicare programs" and
"centrelink programs" to replace the focus of some current
secrecy provisions on agencies as the basis for regulating
information sharing;
. clarify that, if more than one secrecy provision applies to the
same information and any applicable secrecy provision permits
the use, disclosure or recording of the information, then the
use, disclosure or recording is taken to be consistent with all
of the applicable secrecy provisions. (The Bill does not amend
the Privacy Act 1988.)
The Bill also:
. amends the Child Support (Registration and Collection) Act 1988
(the CS(R&C) Act) to align the provisions for the appointment of
the Child Support Registrar with the provisions for the
appointment of the Chief Executive Centrelink and the Chief
Executive Medicare; and
. makes consequential amendments to a number of other Acts that
currently refer to the agencies or statutory authorities which
will be abolished.
The amendments to formalise the new integrated structures are to commence 1
July 2011. Transitional arrangements will ensure that these changes do not
disrupt service delivery to customers.
The Bill also amends investigative search and seizure provisions of the
Part IID of the MA Act. Many of the provisions in Part IID of the MA Act
were modelled on earlier versions of corresponding provisions in the Crimes
Act 1914. Because there have been amendments to the Crimes Act over time
some of these provisions in the MA Act are no longer aligned with the
Crimes Act provisions. The main purpose of the proposed amendments of Part
IID is to bring these provisions into closer alignment with the Crimes Act
provisions.
The Bill also amends section 8ZN to remove the need for patients to be
notified if their records are seized as part of an investigation but not
examined.
Financial impact statement
The amendments in this Bill have no financial impact.
Abbreviations
The following abbreviations are used in this explanatory memorandum
AIA means the Acts Interpretation Act 1901
Crimes Act means the Crimes Act 1914
CSDA Act means the Commonwealth Services Delivery Agency Act 1997
MA Act means the Medicare Australia Act 1973
PS Act means the Public Service Act 1999
HUMAN SERVICES LEGISLATION AMENDMENT BILL 2010
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the
Act.
Clause 2: Commencement
2. Clause 2 specifies the commencement of the provisions of the Bill.
. Clauses 1 to 3 and anything in the Bill not elsewhere covered by
the table in clause 2 commence on the day the Bill receives the
Royal Assent.
. Schedules 1 to 3 and Schedule 4, Part 1 commence on 1 July 2011.
. Schedule 4, Part 2, Division 1 commences on 1 July 2011.
However, if Schedule 1 to the Tax Laws Amendment
(Confidentiality of Taxpayer Information) Act 2010 commences
before 1 July 2011, the provision(s) do not commence at all
because the Tax Laws Amendment (Confidentiality of Taxpayer
Information) Act 2010 repeals the provisions which Schedule 4,
Part 2, Division 1 would otherwise amend.
. Schedule 4, Part 2, Division 2 commences on whichever is the
later of:
(a) immediately after the commencement of Schedules 1 to 3;
and
(b) the start of the day that Schedule 1 to the Tax Laws
Amendment (Confidentiality of Taxpayer Information) Act
2010 commences.
However, the provision(s) do not commence at all if Schedule 1
to the Tax Laws Amendment (Confidentiality of Taxpayer
Information) Act does not commence because Schedule 4, Part 2,
Division 2's only operation is to amend a provision being
inserted by the Tax Laws Amendment (Confidentiality of Taxpayer
Information) Act 2010.
. Schedule 4, Part 3 commences on whichever is the later of:
(a) immediately after the commencement of Schedules 1 to 3;
and
(b) the start of the day that Schedule 1 to the Health
Insurance Amendment (Compliance) Act 2010 commences.
However, the provision(s) do not commence at all if the event
mentioned in paragraph (b) does not occur because Schedule 4,
Part 3's only operation is to amend provisions to be brought in
by Schedule 1 of the Health Insurance Amendment (Compliance) Act
2010.
. Schedule 4, Part 4 commences immediately after the commencement
of Schedule 5 to the National Health Amendment (Pharmaceutical
Benefits Scheme) Act 2010 commences. However, the provision(s)
do not commence at all if the commencement of Schedule 5 to the
National Health Amendment (Pharmaceutical Benefits Scheme) Act
2010 does not occur because Schedule 4, Part 4's only operation
is to amend a provision to be brought in by National Health
Amendment (Pharmaceutical Benefits Scheme) Act 2010.
. Schedule 5 commences 1 July 2011.
3. Subitem (2), providing for editing of Column 3 information in
published versions of the Act, is a formal provision which allows
for information about Royal Assent to be added to the published
version of the Act.
Clause 3: Schedules
4. This provision provides for amendments and repeal of the Acts as
set out in items in the Schedules.
5. This provision also provides for other items in the Schedules to
have effect according to their terms.
Schedule 1 - Amendment of the Medicare Australia Act 1973
Part 1 - Amendments
Medicare Australia Act 1973
Item 1 Title
6. This is a formal provision changing the long title of the Act.
Item 2 Section 1
7. This is a formal provision changing the short title of the Act.
The new short title will be the Human Services (Medicare) Act 1973.
Item 3 Section 3 (definition of authorised officer)
8. The defined term "authorised officer" is used in the Part IID
provisions dealing with investigative powers.
9. This item amends this definition so that it refers to the new
position of "Chief Executive Medicare" created by this Bill instead
of referring to "Chief Executive Officer" which is an office being
abolished by this Bill.
10. This item also amends this definition so that it refers to
"Departmental employee" instead of "employee". This amendment is
related to the integration into the Department of the previous
"staff of Medicare Australia" referred to in section 20 of the MA
Act. Section 20 is repealed by this Bill.
Item 4 Section 3
11. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 5 Section 3
12. This item inserts a definition of "Chief Executive Medicare" which
refers to the new section 4 being inserted in the MA Act by this
Bill.
Item 6 Section 3 (definition of Chief Executive Officer)
13. This item repeals this definition because this Bill abolishes this
position. The term will no longer be used in the Act.
Item 7 Section 3 (definition of Commonwealth authority)
14. This item repeals this definition because the term will no longer
be used in the Act.
Item 8 Section 3 (definition of Commonwealth service)
15. This item repeals this definition because the term will no longer
be used in the Act.
Item 9 Section 3
16. This item inserts a definition of "data". This term is used in
provisions being inserted in the investigative powers in Part IID
of the MA Act.
17. This definition is in the same terms as the definition of "data" in
the Crimes Act.
Item 10 Section 3
18. This item inserts a definition of "data held in a computer". This
term is used in provisions being inserted in the investigative
powers in Part IID of the MA Act.
19. This definition is in the same terms as the definition of "data
held in a computer" in the Crimes Act.
Item 11 Section 3
20. This item inserts a definition of "data storage device". This term
is used in the definition of "data held in a computer" and in
provisions being inserted in the investigative powers in Part IID
of the MA Act.
21. This definition is in the same terms as the definition of "data
storage device" in the Crimes Act.
Item 12 Section 3
22. This item defines the term "Departmental employee" which is used
in:
. amended provisions dealing with delegations by the Chief
Executive Medicare;
. new provisions dealing with assistance to the Chief Executive
Medicare in the performance of functions of the Chief Executive
Medicare;
. new and amended provisions in Part IID dealing with
investigative powers; and
. amendments of other legislation introduced by this Bill.
23. Those amendments and new provisions and this definition provide the
basis for all employees of the integrated Department to be able to
support the Chief Executive Medicare in carrying out his or her
functions.
Item 13 Section 3 (definition of employee)
24. This item repeals this definition because this definition of
"employee" in relation to the staff of "Medicare Australia" will
not be relevant after the abolition of Medicare Australia as a
separate agency.
Item 14 Section 3
25. This item defines the word "function" to include "power".
26. This amendment and other amendments in the Bill are intended to
avoid doubt about whether the conferral of functions under the MA
Act to exercise a statutory power is effective to enable exercise
of the statutory power without separate delegation by the holder of
the statutory power.
27. This issue was referred to in the ANAO Audit Report No 39 2009-2010
"Medicare Australia's Administration of the Pharmaceutical Benefits
Scheme" at paras 2.54-2.65.
Item 15 Section 3 (definition of medicare function)
28. This item amends the definition of "medicare function" by replacing
the reference to "Chief Executive Officer" with a reference to
"Chief Executive Medicare".
29. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 16 Section 3
30. This item inserts a definition of the term "medicare program" by
reference to section 41G which is being inserted by this Bill. The
term "medicare program" as defined here is used in Schedule 2 and
Schedule 4 amendments to other Acts in provisions dealing with
matters including protected information and designation of parties
to Court and Tribunal proceedings.
Item 17 Section 3 (definition of officer assisting)
31. This item amends the definition of "officer assisting" by replacing
references to "an employee" with references to "a Departmental
employee".
32. These changes are consequential on repeal of the definition of
"employee" and the insertion of the definition of "Departmental
employee".
33. These changes are consistent with the integration of Medicare
Australia staff into the Department and with the objective that all
of the employees of the integrated Department should be available
to assist in the carrying out of the Chief Executive Medicare's
functions.
Item 18 Section 3
34. This item repeals the definition of this term "perform" to include
"exercise".
35. This change is consequential on the change to the definition of
"function" to include "power".
Item 19 Section 3 (definition of principal officer)
36. This item repeals this definition because the term will no longer
be used in the Act.
Item 20 Section 3
37. This item inserts a definition of the term "Secretary".
Item 21 Section 3 (definition of service arrangements)
38. This item repeals this definition because the term will no longer
be used in the Act.
Item 22 Section 3 (definition of service delivery functions)
39. This item amends the definition of "medicare function" by replacing
the reference to "Chief Executive Officer" with a reference to
"Chief Executive Medicare".
40. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 23 Section 3B
41. This item repeals this section because it is redundant because
Chapter 2 of the Criminal Code now applies to all Commonwealth
offences.
Item 24 Part II
42. This item repeals Part II which had established Medicare Australia
comprising the Chief Executive Officer and the "employees".
43. The repeal of Part II causes Medicare Australia to cease to exist
as a separate entity. The repeal of Part II is required for the
integration of Medicare Australia into the Department.
Item 25 Part IIA (heading)
44. This item repeals the heading and substitutes a heading which
refers to "Chief Executive Medicare".
45. This change is consistent with the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 26 Division 1 of Part IIA (heading)
46. This item repeals the heading because Part IIA will no longer be
divided into Division 1 and Division 2.
47. This change is consequential on the repeal of Division 2.
Item 27 Before section 5
48. This item inserts section 4 which establishes a statutory office of
Chief Executive Medicare.
49. Under subsection 4(2) the Chief Executive Medicare is to be an SES
employee in the Department who is specified in a written instrument
made by the Secretary.
50. Subsection 4(3) provides that an SES employee must not be specified
in an instrument under subsection 4(2) if the person is, or is
acting as, either the Chief Executive Centrelink or the Child
Support Registrar.
51. The intention of subsection 4(3) is to prevent one person holding
more than one of the positions of Chief Executive Medicare, Chief
Executive Centrelink and Child Support Registrar at the same time.
52. The Secretary will not be eligible to be appointed as Chief
Executive Medicare because the Secretary is not an APS employee and
therefore is not an SES employee within the meaning of section 34
of the PS Act.
53. Subsection (4) states that an instrument under subsection (2) is
not a legislative instrument. The instrument would not be a
legislative instrument within the meaning of section 5 of the
Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
54. This item also inserts section 4A providing for the Secretary to
appoint an SES employee in the Department to act as the Chief
Executive Medicare during a vacancy in the position of Chief
Executive Medicare or during any period or during all periods when
the Chief Executive is absent from duty or from Australia or is,
for any reason, unable to perform the duties of the position.
Subsection 4A(2) provides that a person who is, or is acting as,
either the Chief Executive Centrelink or the Child Support
Registrar, may not be appointed to act as Chief Executive Medicare.
Maintaining this separation of the persons carrying out the
functions of these different positions is consistent with
subsection 4(3).
55. The Secretary will not be eligible to be appointed to act as Chief
Executive Medicare because the Secretary is not an APS employee and
therefore is not an SES employee within the meaning of section 34
of the PS Act.
56. Subsection 4A(3) provides that anything done by or in relation to a
person purporting to act under an appointment under subsection (1)
is not invalid merely because there was a defect or irregularity in
connection with the appointment or the appointment had ceased to
have effect or the occasion had not arisen or had ceased. This
provision is intended, as far as possible, to prevent technical
defects in relation to the appointment of a person to act in the
position of Chief Executive Medicare from affecting the validity of
things done by or in relation to such a person.
Item 28 Subsection 5(1)
57. This item amends this provision by replacing the reference to
"Chief Executive Officer" with a reference to "Chief Executive
Medicare".
58. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 28A Paragraph 5(1)(c)
59. This item amends this provision by replacing the reference to
"Chief Executive Officer" with a reference to "Chief Executive
Medicare".
60. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 28B Paragraph 5(1)(d)
61. This item repeals paragraph 5(1)(d). Under paragraph 5(1)(d) the
Minister could give the Chief Executive Officer additional
functions by issuing a direction in writing. This power is no
longer required because the Chief Executive Medicare's service
delivery functions have been broadened (refer to the notes on new
section 7, inserted by item 32 of Schedule 1).
62. The power to confer additional functions on the Chief Executive by
regulations in paragraph 5(1)(e) will be retained, to ensure
appropriate flexibility for the delivery of new programs and
initiatives.
Item 28C Subsection 5(2)
63. This item repeals subsection 5(2). This repeal is consequential on
the repeal of the power of the Minister to confer functions on the
Chief Executive under paragraph 5(1)(d).
Item 29 At the end of section 5
64. This item adds detailed provisions in subsections (3) to (15) to
avoid doubt about the effect of subsections (1) and (2) of section
5 in relation to issues referred to in the ANAO Audit Report No 39
2009-2010 "Medicare Australia's Administration of the
Pharmaceutical Benefits Scheme" at paras 2.54-2.65.
65. The delivery of services through Human Services portfolio agencies
has already involved the separation of the policy responsibility
for an Act - as determined by the allocation of administrative
responsibility for an Act through the Administrative Arrangements
Order (AAO) - from the day to day carrying out of particular
functions and the exercise of particular statutory powers to
deliver services and to carry out associated regulatory decision
making.
66. The intent of subsections (3) to (15) is to confirm that there is
to be flexibility in the structures and arrangements which
Government may adopt for delivery of services and for the exercise
of associated regulatory powers. Similar provisions are being
introduced into the Human Services (Centrelink) Act 1997 as amended
by this Bill.
67. The options for service delivery and the exercise of associated
regulatory powers are to continue to include the possibility of
regulations conferring the capacity to exercise statutory powers
and to carry out particular functions in the place of a primary
holder of the power or function without needing to distinguish
powers from functions and even if the primary holder of that power
or function is in another portfolio.
68. The intent of subsections (3) to (15) is to put beyond doubt that
such regulations give the Chief Executive Medicare the capacity to
act in the place of the primary holder of that power. When
carrying out such functions and exercising such powers, the Chief
Executive Medicare is not a delegate of the primary holder of the
function or power and is not an agent subject to direction by the
primary holder of the power.
69. Accountability for the carrying out of such functions and for the
exercise of such powers when conferred on the Chief Executive
Medicare is through the Human Services Department. Accountability
for the policy of the legislation is through the policy Department
with AAO responsibility for the Act.
Items 30 and 31 Section 6
70. These items amend section 6 by replacing the reference to "Chief
Executive Officer's" and "Chief Executive Officer" with references
to "Chief Executive Medicare's" and "Chief Executive Medicare.
71. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 32 Section 7
72. This item repeals section 7 and inserts a new section 7 describing
the Chief Executive Medicare's "service delivery functions".
73. The "service delivery function" under the old section 7 was based
on a purchaser/provider approach to service delivery.
74. There had been a widening of the Chief Executive Officer's
functions through Ministerial Directions including the Medicare
Australia (Functions of Chief Executive Officer) Direction 2005,
the Medicare Australia (Functions of Chief Executive Officer - Call
Centre Services) Direction 2009 and the Medicare Australia
(Functions of Chief Executive Officer - Commonwealth Services and
Enabling Services) Direction 2010. This had resulted in a complex
patchwork of bases for service delivery.
75. The new section will provide a clear basis in the Act for the Chief
Executive Medicare with the support of the Department to have the
flexibility to continue some existing functions and to take on new
areas of delivery of services, benefits, programs and facilities.
76. The conferral of this broad function will not impose on the Chief
Executive Medicare a duty to carry out any or all activities which
come within the definition.
77. The new section no longer makes the "service delivery function"
depend on there being in place a service arrangement entered into
between the Chief Executive Officer and the principal officer of a
Commonwealth authority.
78. The new section brings within the Chief Executive Medicare's
service delivery function the provision of services, benefits,
programs and facilities on behalf of persons other than the
Commonwealth. The new section 7 definition of "service delivery
function" provides a clear basis in the Act for the Chief Executive
Medicare to coordinate service provision with any person or body
including State Government agencies and non-government
organisations.
79. This aspect of the function will be particularly important in times
of response to natural emergencies but is not limited to emergency
situations.
80. For constitutional reasons the service delivery function is limited
to providing services etc "for a purpose for which the Parliament
has power to make laws".
Item 33 Section 7A
81. This item repeals the existing section 7A and substitutes a new
section 7A. The new section 7A recognises that the Secretary may
enter into a written agreement with the Secretary of another
Department about the exercise or performance of the Chief Executive
Medicare's functions. The continued use of agreements will ensure
that governance arrangements are documented that reflect the
respective roles of the department responsible for the policy and
outcomes of a program and the department responsible for the
delivery of the program.
82. It is the responsibility of the Secretary of Human Services (rather
than the Chief Executive Medicare) to enter into agreements under
section 7A because the Secretary has overall management
responsibility for the Department of Human Services' operations.
Item 34 Sections 8, 8AA and 8AB
83. This item repeals sections 8, 8AA and 8AB.
84. Section 8 gave the Minister power to give directions to the Chief
Executive Officer about the exercise or performance of the Chief
Executive Officer's powers or functions and provided for the
reporting of such directions. With the abolition of the office of
Chief Executive Officer and the creation of a new office of Chief
Executive Medicare within the Department, there is no need for the
Minister to be given an express power to direct the Chief Executive
Medicare. The Chief Executive Medicare will be accountable through
the Secretary to the Minister for the carrying out of his or her
functions. To that extent the Chief Executive Medicare will be
subject to some Ministerial direction as an employee of the
Department.
85. In accordance with ordinary principles of administrative law, to
the extent that the functions of the Chief Executive Medicare
involve the exercise of statutory powers which require the exercise
of independent discretion, the Chief Executive Medicare will not be
subject to direction from the Minister or anyone else about the
exercise of that discretion.
86. Section 8AA gave the Minister power to request from the Chief
Executive Officer information about the exercise or performance of
the Chief Executive Officer's powers or functions. This provision
is repealed because following the amendments brought in by this
Bill, the Chief Executive Medicare will be an SES officer within
the Department. As such the Chief Executive Medicare will be
accountable through the Secretary to the Minister and there will be
no need for an express power for the Minister to request
information.
87. Paragraph (1)(b) of section 8AA gives the Minister power to request
from the Chief Executive Officer information about the operation of
Medicare Australia.
88. This provision is repealed because it is redundant on the abolition
of Medicare Australia.
89. This item also repeals section 8AB which relates to management of
Medicare Australia.
90. This provision is repealed because it is redundant on the abolition
of Medicare Australia.
Item 35 Subsection 8AC(1)
91. This item amends subsection 8AC(1) which authorises delegation by
the Chief Executive Officer of powers or functions to employees.
92. This item replaces references to "Chief Executive Officer" with
references to "Chief Executive Medicare". This change is
consequential on the abolition of the statutory office of Chief
Executive Officer and the creation of a new statutory office of
Chief Executive Medicare.
93. This item also replaces the reference in this subsection to "an
employee" with a reference to "a Departmental employee". This
change is consequential on repeal of the definition of "employee"
and the insertion of a definition of "Departmental employee".
94. Departmental employees who have been delegated functions by the
Chief Executive Medicare may also be delegated functions by the
Chief Executive Centrelink and the Child Support Registrar.
95. These changes are consistent with the integration of Medicare
Australia staff into the Department and with the objective that
there should not be any barrier to any of the employees of the
integrated Department assisting in carrying out the functions of
the Chief Executive Medicare.
96. This item also removes this subsection's reference to delegation of
"powers". This reference will not be necessary following this
Bill's amendment of the definition of "function" to include power.
97. The power to delegate continues to be not limited to SES employees
because of the very wide range of functions (including powers) that
come within the functions of the Chief Executive Medicare and
because of the large volume of exercises of powers and functions
that are carried out on a daily basis.
Item 36 After subsection 8AC(1)
98. This item inserts a new subsection 8AC(1A). The new subsection
confirms that the power to delegate in subsection 8AC(1) can be
exercised in relation to functions of the kind referred to in
subsection 5(3) or (10).
99. This new subsection is intended to avoid doubt about whether
functions of the kind referred to in new subsection 5(3) and (10)
can be delegated by the Chief Executive Medicare.
100. This issue was referred to in the ANAO Audit Report No 39 2009-2010
"Medicare Australia's Administration of the Pharmaceutical Benefits
Scheme" at para 2.62.
Items 37, 38, 39 and 40 Subsections 8AC(2), 8AC(3) and 8AC(4)
101. These items replace the subsection 8AC(2), 8AC(3) and 8AC(4)
references to "Chief Executive Officer" with references to "Chief
Executive Medicare". These changes are consequential on the
abolition of the statutory office of Chief Executive Officer and
the creation of a new statutory office of Chief Executive Medicare.
102. These items also remove these subsections' reference to powers.
These references will not be necessary following this Bill's
amendment of the definition of "function" to include power.
103. The power of delegation in section 8AC has not been and will not be
limited to delegation to SES employees because of the large volume
of decisions and actions that need to be taken to deliver services.
Item 41 At the end of section 8AC
104. This item adds a subsection (5) which provides that the Chief
Executive Medicare must not delegate functions under subsection (1)
or (3) to a Departmental employee who is the Chief Executive
Centrelink or the Child Support Registrar. This is consistent with
the restrictions in sections 4 and 4A on who can be appointed to be
the Chief Executive Medicare and on who can be appointed to act as
Chief Executive Medicare.
105. The Chief Executive Medicare will not be able to delegate functions
to the Secretary of the Department because under the terms of
subsection 8AC(1) as amended by this Bill, delegations can only be
made to a "Departmental employee". The Secretary is not a
Departmental employee.
Item 42 Subsection 8AD(1)
106. This item deletes this subsection's reference to "powers". This
reference will not be necessary following this Bill's amendment of
the definition of "function" to include power.
Items 43 and 44 - Subsection 8AD(1) and note
107. These items replace the references in subsection 8AD(1) and the
note to this subsection to "Chief Executive Officer" with
references to "Chief Executive Medicare". These changes are
consequential on the abolition of the statutory office of Chief
Executive Officer and the creation of a new statutory office of
Chief Executive Medicare.
Item 45 Subsection 8AD(2)
108. This item deletes this subsection's reference to "power". This
reference will not be necessary following this Bill's amendment of
the definition of "function" to include power.
Item 46 Paragraph 8AD(2)(a)
109. This item replaces the reference in this paragraph to "Chief
Executive Officer" with a reference to "Chief Executive Medicare".
This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 47 Subsection 8AD(3)
110. This item replaces the reference in this subsection to "Chief
Executive Officer" with a reference to "Chief Executive Medicare".
This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
111. This item also deletes this subsection's reference to exercise of a
power. These references will not be necessary following this
Bill's amendment of the definition of "function" to include power
and amendment of the definition of "perform" to include exercise.
Items 48, 49, 50, 51 and 52 Subsections 8AE1, 8AE(1) (note), Paragraphs
8AE(2)(b), 8AE(5)(b) and Section 8AF
112. These items amend subsection 8AE(1), subsection 8AE(1) (note),
paragraphs 8AE(2)(b) and 8AE(5)(b) and section 8AF by replacing
references in these provisions to "Chief Executive Officer" with
references to "Chief Executive Medicare".
113. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 53 Paragraph 8AF(a)
114. This item replaces the reference in this paragraph to "Chief
Executive Officer" with a reference to "Chief Executive Medicare".
This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
115. This item also deletes this subsection's reference to "power".
This reference will not be necessary following this Bill's
amendment of the definition of "function" to include power.
Item 54 Paragraph 8AF(b)
116. This item replaces the reference in this paragraph to "Chief
Executive Officer" with a reference to "Chief Executive Medicare".
This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
117. This item also deletes this paragraph's reference to "exercise" of
a "power". This reference will not be necessary following this
Bill's amendment of the definition of "function" to include power
and amendment of the definition of "perform" to include exercise.
Item 55 After section 8AF
118. This item inserts a new section providing that a Departmental
employee may assist the Chief Executive Medicare in the performance
of any of the functions of the Chief Executive Medicare.
119. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Medicare's functions.
Item 56 Division 2 of Part IIA
120. This item abolishes Division 2 of Part IIA which established the
office of Chief Executive Officer of Medicare Australia and
provided for the incidents of that office.
121. The abolition of this statutory office and the creation of a new
position Chief Executive Medicare in the Department in accordance
with the new section 4 inserted by this Bill is a central aspect of
the integration of service delivery.
Items 57 and 58 Part IID (heading) and Subsection 8L(1)
122. These items replace references to "Chief Executive Officer" with
references to "Chief Executive Medicare". These changes are
consequential on the abolition of the statutory office of Chief
Executive Officer and the creation of a new statutory office of
Chief Executive Medicare.
Item 59 Section 8M
123. This item amends this section dealing with appointment of officers
for the exercise of investigative powers.
124. This item replaces the reference to "Chief Executive Officer" with
a reference to "Chief Executive Medicare". This change is
consequential on the abolition of the statutory office of Chief
Executive Officer and the creation of a new statutory office of
Chief Executive Medicare.
125. This item also replaces the reference in this section to "an
employee" with a reference to "a Departmental employee". This
change is consequential on repeal of the definition of "employee"
and the insertion of a definition of "Departmental employee".
126. These changes are consistent with the integration of Medicare
Australia staff into the Department and with the objective that
there should not be any barrier to any of the employees of the
integrated Department assisting in carrying out the functions of
the Chief Executive Medicare and related tasks.
Items 60, 61 and 62 - Subsections 8N(1), (2) and (3), 8P(1) and Paragraph
8Q(1)(b)
127. These items replace references to "Chief Executive Officer" with
references to "Chief Executive Medicare". These changes are
consequential on the abolition of the statutory office of Chief
Executive Officer and the creation of a new statutory office of
Chief Executive Medicare.
Items 63, 64 and 65 - Paragraph 8Q(1)(c) and Subsections 8Q(3) and 8Q(4)
128. These items replace references to "employee" with references to
"Departmental employee". These changes are consequential on repeal
of the definition of "employee" and the insertion of a definition
of "Departmental employee".
Item 66 After section 8R
129. This item inserts a new section 8RA which deals with the use of:
. information given in response to a notice issued under section
8P; or
. information contained in a document that is given in response to
a notice issued under section 8P.
130. Section 8RA expressly authorises the use or disclosure of such
information (section 8P information) in connection with the
exercise of powers under sections 124F and 124FF of the Health
Insurance Act 1974 (HIA) and section 133 of the National Health Act
1953 (NHA).
131. Section 124F of the HIA confers on Medicare Participation Review
Committees the power to make a determination about the action that
should be taken in relation to a practitioner who has been
convicted of any one or more of the relevant offences (as defined
in the HIA) or who have been found to have committed a relevant
civil contravention (as defined in the HIA). The actions which may
be taken include no action, counselling, reprimand and part or full
disqualification of the practitioner from medicare participation.
132. Section 124FF of the HIA confers on Medicare Participation Review
Committees the power to make a determination about whether a person
caused or permitted a relevant offence or civil contravention to be
engaged in by another person and to make determinations in respect
of a person who has caused or permitted that offence or
contravention by the other person. The action that may be taken
include no action, counselling, reprimand and part or full
disqualification of the person and of practitioners employed by the
person from medicare participation.
133. Section 133 of the NHA applies when a medical practitioner is
charged with one of the specified offences which is connected with
the supply of pharmaceutical benefits or special pharmaceutical
products under the NHA. Section 133 confers on the Secretary of
the Department of Health and Ageing power to suspend approvals and
authorities held by the person under the NHA in relation to
pharmaceutical benefits.
134. The use and disclosure of section 8P information in connection with
the decision-making processes under sections 124F and 124FF of the
HIA and section 133 of the NHA allows relevant information to be
taken into account in the exercise of these administrative powers.
This supports the better protection of the integrity of medicare
benefits and pharmaceutical benefits scheme.
135. The intent of the new section 8RA is to remove any doubt which the
High Court decision in Johns v ASC (1993) 178 CLR 408 might suggest
about whether information obtained under section 8P may be used for
purposes other than the purpose for which the information gathering
power was originally exercised.
136. Section 8RA will not affect section 8S's restrictions on the use of
section 8P information in criminal proceedings.
Items 67 and 68 Subsection 8U(6) and Paragraph 8Y(2)(b)
137. These items amend subsection 8U(6) and paragraph 8Y(2)(b) by
replacing references to "Chief Executive Officer" with references
to "Chief Executive Medicare". These changes are consequential on
the abolition of the statutory office of Chief Executive Officer
and the creation of a new statutory office of Chief Executive
Medicare.
Item 69 Sections 8ZF and 8ZG
138. This item updates investigatory, search and seizure powers in the
MA Act by aligning the powers in the MA Act with those set out in
the Crimes Act 1914.
139. Sections 8ZF and 8ZG of the MA Act were modelled on earlier
versions of sections 3K and 3L of the Crimes Act. Amendments made
to sections 3K and 3L of the Crimes Act over the last decade have
not been mirrored in the MA Act.
Sections 8ZF
140. Section 8ZF is modelled on an earlier version of section 3K of the
Crimes Act.
141. The Cybercrime Act 2001 amended section 3K of the Crimes Act to
provide more certainty about the circumstances when a thing found
at warrant premises could be moved to another place for examination
or processing with a view to determining if the thing could be
seized under a warrant.
142. Section 3K was further amended by the Crimes Legislation Amendment
(Serious and Organised Crime) Act (No. 2) 2010. The period of time
for which a thing could be moved to another location for
examination and processing (initially 72 hours) was extended to 7
days. There were other minor amendments to section 3K made by that
Act.
143. The new section 8ZF will provide greater flexibility and certainty
about the circumstances in which a thing may be examined or
processed at another location in order to determine whether it can
be seized under a warrant.
144. Subsection 8ZF(1) permits an authorised officer, or an officer
assisting, to bring with them whatever equipment is necessary to
examine or process a thing found at warrant premises in order to
form a view about whether that thing may be seized under a warrant.
145. Subsection 8ZF(2) makes clear that a thing may be moved to another
location for examination or processing. This will be permitted
where:
. it is significantly more practical to examine or process the
thing at another location (having regard to the timeliness, cost
and availability of expert assistance) and there are reasonable
grounds for believing that the thing contains evidential
material; or
. the occupier of the warrant premises consents to the thing being
moved.
146. If a thing is moved from warrant premises to another location for
examination or processing, subsection 8ZF(3) requires the occupier
of the premises to be informed of the location where the
examination and processing is to be conducted. The requirement to
notify the occupier is, however, subject to the qualification that
notification is practical in the circumstances. The occupier is
permitted to be present during the examination or processing at the
other location.
147. Subsection 8ZF(4) creates an exception to the notification
requirement in subsection (3). Notifying the occupier of the
location where the examination or processing is to be conducted, or
permitting the occupier to be present while that occurs, will not
be required if there are reasonable grounds for believing that
doing so might:
. compromise the safety of a person; or
. prejudice an investigation or prosecution.
148. Subsection 8ZF(5) permits a thing to be moved to another location
for examination or processing for a maximum of 14 days. If the
thing cannot be examined or processed within that time, subsection
8ZF(6) permits an authorised officer to apply to a magistrate for
an extension of time.
149. An occupier must be notified of an application for an extension and
has the right to be heard under subsection 8ZF(7) about whether the
extension ought to be granted.
150. There is no limitation of the number of extensions that may be
sought and granted, however, the operation of subsection 8ZF(8)
means that a single extension cannot exceed 7 days.
151. Subsection 8ZF(9) clarifies when equipment already at warrant
premises may be utilised to carry out the examination or processing
of a thing in order to determine whether that thing may be seized
under a warrant.
Sections 8ZG
152. The current section 8ZG is modelled on an earlier version of
section 3L of the Crimes Act.
153. The Cybercrime Act amended section 3L to clarify the circumstances
in which electronic equipment could be used at warrant premises to
access data suspected to constitute evidential material. It also
clarified the circumstances in which electronic equipment could be
used to copy evidential material to a device, disk or tape that had
been brought to the premises. The circumstances in which data
copied and taken from warrant premises is to be destroyed was later
clarified by amendments to section 3L made by the Crimes
Legislation Amendment Act.
154. Section 8ZG of the MA Act is to be likewise clarified and
strengthened by being aligned with section 3L of the Crimes Act.
155. Subsection 8ZG(1) permits electronic equipment at warrant premises
to be operated for the purposes of accessing data that is suspected
to be evidential material. The data need not be actually held at
the premises, but can be accessible through the use of electronic
equipment at the premises.
156. Subsection 8ZG(2) provides greater certainty about the
circumstances in which data accessed with the assistance of
electronic equipment may be copied. Data reasonably suspected to
constitute evidential material may be copied to a disk, tape or
device brought to the premises by the authorised officer or officer
assisting. The data may be copied with or without the written
consent of the occupier of the premises. The disk, tape or device
containing a copy of the evidential material may then be taken from
the premises.
157. If the reason for copying the data no longer exists, or there has
been a decision not to use the data in evidence, section 8ZG(3)
requires that the information (and any reproduction) be removed
from a device in the control of a Departmental employee and that
the data be destroyed.
158. If there are facilities at warrant premises that can be used to put
evidential material into documentary form, paragraph 8ZG(4)(b)
authorises the use of those facilities to convert the material into
documentary form and seizure of the documents so produced.
159. The circumstances in which equipment may be seized in accordance
with paragraph 8ZG(4)(a) is limited by the operation of subsection
8ZG(5). Equipment, disks, tapes or other associated devices may be
seized only if:
. it is not practicable to copy the data in the circumstances
contemplated by subsection 8ZG(2);
. it is not practicable to put the material into documentary form
in the manner contemplated by paragraph 8ZG(4)(b); or
. the occupier's possession of the equipment could constitute an
offence.
160. Subsection 8ZG(6) authorises the securing of equipment at warrant
premises in order to protect what is suspected to be evidential
material from destruction, alteration or interference. The
occupier of the premises must be given notice, under subsection
8ZG(7), of the intention to secure the equipment. Subsection
8ZG(8) establishes a maximum period of time during which equipment
may be secured. That period is 24 hours, or until such time as the
equipment has been operated by an expert, whichever happens first.
161. The 24 hour period referred to in subsection 8ZG(8) may be extended
in circumstances where expert assistance will not be available
within that 24 hour period. An application for an extension is to
be made to a magistrate under subsection 8ZG(9). The occupier of
the premises must be informed, under subsection 8ZG(10), of the
intention to seek an extension of the 24 hour period during which
equipment may be secured. The occupier has a right to be heard in
respect of that application.
162. Subsection 8ZG(11) operates to make the issuing of an extension for
the securing of equipment subject to the same considerations that
are applicable to the issuing of a warrant under Division 4.
Sections 8ZGA, 8ZGB and 8ZGC
163. Sections 8ZGA, 8ZGB and 8ZGC of the MA Act are modelled on sections
3LAA, 3LA and 3LB of the Crimes Act.
164. Sections 3LA and 3LB were inserted into the Crimes Act by the
Cybercrime Act. The Crimes Legislation Amendment (Serious and
Organised Crime) Act (No. 2) 2010 inserted section 3LAA into the
Crimes Act and amended sections 3LA and 3LB.
165. The intention is that the investigatory, search and seizure
provisions in the MA Act be aligned with the Crimes Act provisions.
To achieve that alignment, sections 3LAA, 3LA and 3LB of the
Crimes Act are to be mirrored in the MA Act.
166. Section 8ZGA concerns the use of electronic equipment at a place
other than warrant premises.
167. To avoid any doubt about when data may be accessed, subsection
8ZGA(1) confirms that an authorised officer or officer assisting
may operate equipment for the purposes of accessing data if the
equipment found at warrant premises has been moved to another
location.
168. If data accessed using the electronic equipment is reasonably
suspected to constitute evidential material, subsection 8ZGA(2)
authorises the copying of that data to a disk, tape or other
device.
169. If the reason for copying the data no longer exists, or there has
been a decision not to use the data in evidence, section 8ZGA(3)
requires that the information (and any reproduction) be removed
from a device in the control of a Departmental employee and that
the data be destroyed. This is consistent with the requirement
imposed by new section 8ZG(3).
170. If, after using the equipment, evidential material has been
accessed and can be put into documentary form, paragraph 8ZGA(4)(b)
authorises the conversion of the material into documentary form and
seizure of the documents so produced.
171. The circumstances in which equipment and any disk, tape or device
may be seized in reliance of paragraph 8ZGA(4)(a) is limited by the
operation of subsection 8ZGA(5). Equipment, disks, tapes or other
devices may be seized only if:
. it is not practicable to copy the data in the circumstances
contemplated by subsection 8ZGA(2);
. it is not practicable to put the material into documentary form
in the manner contemplated by paragraph 8ZGA(4)(b); or
. the occupier's possession of the equipment could constitute an
offence.
172. Section 8ZGB concerns the circumstances in which a person can be
required to provide assistance to an authorised officer or officer
assisting to access, copy or convert data that is either held in,
or accessible from:
. a computer or a data storage device at warrant premises;
. a computer or data storage device that has been moved from
warrant premises for examination or processing; or
. a computer or data storage device that has been seized.
173. An authorised officer may make an application to a magistrate under
subsection 8ZGB(1) for an order requiring a specified person to
provide information or assistance to enable:
. data to be accessed;
. data to be copied to a data storage device; or
. data to be converted into documentary form or some other
intelligible form.
174. A magistrate must be satisfied of the matters referred to in
subsection 8ZGB(2) before granting such an order. There must be
reasonable grounds for suspecting that evidential material is held
on, or is accessible from, the computer or data storage device. In
addition, the person named in the order must have relevant
knowledge about the computer, device or network to which the
computer was connected or knowledge about applicable data
protection measures.
175. Where an order requiring a person to provide assistance is made
prior to the seizure of a computer or data storage device, the
order will cease to have effect, by virtue of subsection 8ZGB(3),
once the computer or device has been seized. It is open to an
authorised officer to make a fresh application for an assistance
order with respect to the computer or storage device under
subsection (1).
176. Subsection 8ZGB(4) requires certain things to be specified in an
order requiring a person to give assistance where the order relates
to a computer or data storage device that is not located on warrant
premises. For instance, the period within which the person is to
provide the information or assistance and the place at which it is
to be provided must be expressly dealt with in the notice.
177. Paragraph 8ZGB(4)(c) enables a magistrate to make an order
requiring a person to provide information or assistance subject to
certain conditions.
178. Failure to comply with an assistance order is an offence under
subsection 8ZGB(5). The offence is punishable by imprisonment for
2 years.
179. Section 8ZGC outlines the notification requirements that are
applicable where data held on premises other than warrant premises
has been accessed in the course of executing a warrant.
180. Subsection 8ZGC(1) requires that an occupier of non-warrant
premises be informed that data held on those non-warrant premises
has been accessed under subsections 8ZG(1) or 8ZGA(1). The notice
is to be provided to the occupier of non-warrant premises as soon
as practicable after the data has been accessed and is to include
details about actual or anticipated arrangements for continued
access to the data.
181. Subsection 8ZGC(1) contemplates there may be circumstances where it
is not practicable to notify the occupier of the non-warrant
premises that data held at those premises has been accessed.
182. Where notification is required, subsection 8ZGC(2) requires the
notice to contain sufficient information to enable the occupier of
the premises to contact the authorised person.
Item 70 Paragraph 8ZH(1)(a)
183. Section 8ZH deals with payment of compensation to the owner of
equipment which is damaged while the equipment is being used to
examine or process things. This item amends paragraph (a) of
subsection (1) by adding a reference to operation of equipment in
accordance with new section 8ZGA.
184. This item has the effect of extending the situations when
compensation for equipment damage is provided for to include the
operation of equipment in accordance with new section 8ZGA.
Item 71 Subsection 8ZL(2)
185. Section 8ZL imposes obligations on an authorised officer or officer
assisting, if requested by the occupier or representative of the
occupier, to provide a copy of:
. a document, film, computer file or other thing; or
. information which is in a storage device;
which has been seized in exercise of search and seizure powers under
Division 4 of the MA Act.
186. Subsection (2) currently states that the obligation in subsection
(1) to provide copies does not apply if the thing has been seized
under paragraph 8ZG(2)(b) or (c). Those provisions relate to
situations where the authorised officer or officer assisting
operates equipment at the warrant premises to produce documents and
seizes the documents so produced (paragraph 8ZG(2)(b)) or transfers
material to a disk, tape or other storage device which the officer
takes away from the premises (paragraph 8ZG(2)(c)). In those
situations the information remains available to the occupier at the
warrant premises and there is no need to provide copies to the
occupier.
187. This item replaces references to section 8ZG (which is repealed by
this Bill) with references to new paragraphs 8ZG(4)(b) and
8ZGA(4)(b). Those paragraphs relate to situations where equipment
has been used at warrant premises to put data into a documentary
form which is in turn seized under a warrant. Because the data
remains available to the occupier at the warrant premises, there is
no need to provide copies of the documents seized.
188. Items 72 and 73 Subsections 8ZM(1) and 8ZM(2)
189. These items amend subsections 8ZM(1) and 8ZM(2) by replacing
references to "Chief Executive Officer" with references to "Chief
Executive Medicare". These changes are consequential on the
abolition of the statutory office of Chief Executive Officer and
the creation of a new statutory office of Chief Executive Medicare.
Item 74 Subsection 8ZN(1)
190. This item repeals subsection 8ZN(1) and substitutes a new
subsection 8ZN(1). The current subsection 8ZN(1) requires (subject
to some qualifications in subsection (2)) that the Chief Executive
Officer provide written notification to a patient if Part IID
investigatory powers have been used in respect of a record
containing the patient's clinical details.
191. Subsection 8ZN(2) currently provides two exceptions to the
notification requirement set out in section 8ZN(1). Those
exceptions are:
. where notifying the patient that a record containing their
clinical details has been examined or seized would prejudice an
investigation; or
. the patient cannot be located.
192. In the course of exercising its powers under section 8ZN, from time
to time Medicare Australia may seize or copy hard drives containing
electronically recorded clinical data. The proposed amendments to
section 8ZN seek to address anomalies which arise when a computer
hard drive is seized or copied under warrant. A seized or copied
hard drive may potentially contain a large number of patient
records. However, in most cases, only a small number of those
patient records will be relevant to the investigation. This may be
because the investigation relates to particular services rendered
to particular patients on specific dates.
193. The proposed amendments to section 8ZN seek to produce a sensible
outcome which will ensure that patients continue to be notified
when their clinical details have been scrutinised by Commonwealth
officers. The amendments will put a stop to the unnecessary worry
for patients and the waste of resources associated with large scale
notifications to patients whose clinical details were never
actually scrutinised. While there has been some concern expressed
that the proposed amendments may impact on the privacy of
individuals, every patient whose clinical details are actually
scrutinised would still need to be notified.
194. As amended, Part IID of the Human Services (Medicare) Act 1973 will
contain a number of safeguards to patient privacy in circumstances
where multiple patient records are held together in electronic
form:
. Under new section 8ZF, the authorised officer or an officer
assisting may in certain circumstances take material or equipment
to another place to examine it to determine whether it may be
seized. New section 8ZGA allows an officer who takes electronic
equipment away under this provision to copy data from the equipment
to a data storage device. However, if the data is not used in
evidence, section 8ZF requires it to be destroyed.
. New section 8ZG allows the authorised officer or an officer
assisting to operate electronic equipment found at the warrant
premises to access data. In certain circumstances the officer may
copy the data and take the device from the premises. However, if
the data is not used in evidence, section 8ZG requires it be
destroyed.
. Under existing section 8ZM, any material seized but not used in
evidence must be returned to the owner or the person from whom it
was seized.
195. Whether or not a patient's clinical details are accessed or
examined will be an operational decision to be determined in the
context of the particular investigation. In most circumstances,
the primary requirement which must be met for the coercive powers
under Part IID to be exercised is that the investigation must be
into conduct of a criminal nature. For example, where an
investigation centres on fraudulent claiming by a doctor for an
item in the Medicare Benefits Schedule (MBS) which requires the
patient to have a particular medical condition, the records of
patients who received that particular MBS item from the doctor may
need to be examined for evidential purposes.
196. Delegation to seek to use these powers is held at Senior Executive
Officer level only. The case must be strong enough for a
magistrate to approve a warrant to enable Medicare Australia to
seize records.
197. Medicare Australia currently has procedures in place to manage and
secure records obtained as a result of the exercise of its search
and seizure powers. Where patient records containing clinical
details are seized and it is necessary to examine those clinical
records, the examination is undertaken by appropriately trained and
qualified Medical Advisers employed by Medicare Australia. In
circumstances where it is necessary for Medicare Australia
Compliance Officers to have access to clinical details, that access
is overseen by Medicare Australia Medical Advisers.
198. Medicare Australia's Medical Advisers are appropriately qualified
medical practitioners with current and unrestricted registration.
Medicare Australia's Compliance Officers who undertake
investigations into fraud allegations are required at a minimum to
hold a Certificate IV in Government Investigations.
199. Further to these accreditations, Compliance Officers and Medical
Advisers are also required to undergo privacy training as a part of
their induction into Medicare Australia, and receive annual privacy
refresher training.
200. Medicare Australia has robust IT security infrastructure and
physical security measures in place to ensure all patient records
and other information obtained in the course of compliance
activities is protected from unauthorised access. Only officers
with a requirement to access these records are granted access to
systems containing patient records and other information relevant
to compliance activities.
201. Medicare Australia officers are also subject to the secrecy
provisions set out in the Health Insurance Act 1973 and the
National Health Act 1953 which set penalties for the unauthorised
disclosure of information. In addition, Medicare Australia is
subject to the requirements of the Privacy Act 1988 which restricts
and regulates the collection, use and disclosure of personal
information.
202. If the Bill is passed, the powers and functions under Part IID will
be exercised by officers of the Department of Human Services,
rather than Medicare Australia, and the existing controls outlined
above would be continued by the Department of Human Services.
Item 75 Paragraph 8ZN(2)(b)
203. This item amends this paragraph by replacing the reference to
"Chief Executive Officer" with a reference to "Chief Executive
Medicare". This change is consequential on the abolition of the
statutory office of Chief Executive Officer and the creation of a
new statutory office of Chief Executive Medicare.
Item 76 At the end of subsection 8ZN(2)
204. This item inserts a new paragraph which operates as a further
exception to the notification obligation in subsection 8ZN(1).
205. The new exception is to apply in circumstances where a medical
record has been examined, but the examination of the record did not
result in the authorised officer, or the officer assisting,
obtaining any knowledge of any of the clinical details relating to
the patient.
Item 77 Section 8ZQ
206. This item amends this section by replacing references to "Chief
Executive Officer's" with references to "Chief Executive
Medicare's". This change is consequential on the abolition of the
statutory office of Chief Executive Officer and the creation of a
new statutory office of Chief Executive Medicare.
Item 78 At the end of Division 6 of Part IID
207. This item inserts a new section 8ZR relating to the power of
magistrates.
208. Subsection (1) states that the powers conferred on magistrates by
Part IID are conferred on the magistrates in a personal capacity
and not as a court or members of a court. Subsection (2) states
that the magistrate need not accept the power conferred.
209. The purpose of subsections (1) and (2) is to avoid any doubts about
the constitutional validity of Part IID's conferral of powers on
magistrates..
210. Subsection (3) states that a magistrate exercising a power
conferred by this Part has the same protection and immunity as if
he or she were exercising the power:
. as the court of which the magistrate is a member; or
. as a member of the court of which the magistrate is a member.
Item 79 Part III
211. This item repeals Part III which contains two sections, section 20
and section 21.
212. Section 20 declared Medicare Australia consisting of the Chief
Executive Officer and the staff assisting the Chief Executive
Officer to be a Statutory Agency for the purposes of the PS Act and
designated the Chief Executive Officer as the head of that
Statutory Agency. The repeal of section 20 removes that Statutory
Agency status. This repeal of Part III is required for the
integration of Medicare Australia into the Department.
213. Section 21 authorised the Chief Executive Officer to engage
consultants. Section 21 is being repealed because the statutory
office of Chief Executive Officer is being abolished and because
the engagement of consultants through the Department is subject to
general Commonwealth procedures and does not require express
statutory authorisation.
Item 80 Paragraph 41C(2)(c)
214. This item amends this paragraph by changing the reference to
implying a connection with the Chief Executive Officer or Medicare
Australia to implying a connection with the Chief Executive
Medicare or the Department.
215. The change from Chief Executive Officer to Chief Executive Medicare
is consequential on the abolition of the statutory office of Chief
Executive Officer and the creation of a new statutory office of
Chief Executive Medicare. The change from Medicare Australia to
the Department is consequential on the abolition of Medicare
Australia.
Item 81 Section 41F
216. This item amends this section by replacing the reference to "Chief
Executive Officer" with a reference to "Chief Executive Medicare".
This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 82 After section 41F
217. This item inserts section 41G which provides a definition of the
term "Medicare programs" "for the purposes of a law of the
Commonwealth" as being:
a) services, benefits, programs or facilities that are provided for
under:
i) the Health Insurance Act 1973; or
ii) the National Health Act 1953; or
iii) the Dental Benefits Act 2008; or
iv) the Aged Care Act 1997;
v) the Healthcare Identifiers Act 2010;
vi) the Private Health Insurance Act 2007;
vii) the Health and Other Services (Compensation) Act.1995; or
b) services, benefits, programs or facilities specified in the
regulations.
218. It is intended that other programs currently delivered by Medicare
Australia not specified in the new section 41G will be specified in
the regulations. When the Department of Human Services is given
responsibility for delivering a new program, the program may be
prescribed by regulations as a medicare program. If it is not
prescribed, then it will become a centrelink program (see the notes
to item 48 of Schedule 2).
219. "Medicare programs" is used in this Bill's amendments of provisions
of other Acts including provisions dealing with protected
information and parties to Court and Tribunal proceedings.
Item 83 Subsection 42(1A)
220. This item repeals this subsection which had required the Chief
Executive Officer to provide an annual report to the Minister.
221. This repeal is consequential on the abolition of Medicare Australia
as a separate statutory authority and on the abolition of the
office of Chief Executive Officer and the creation of a new office
of Chief Executive Medicare in the Department.
Item 84 Subsection 42(1)
222. This item amends this section by inserting the words "on the
Department's activities given by the Secretary under section 63 of
the Public Service Act 1999" after the reference to "annual
report". This change is consequential on the abolition of Medicare
Australia as a separate statutory authority and is part of the
integration of Medicare Australia into the Department.
Item 85 Subsection 42(2)
223. This item inserts in this section the words "mentioned in
subsection (1)" after "annual report". This change is
consequential on the amendment made by item 85.
Item 86 Subsection 42(3)
224. This item repeals this subsection which required tabling of the
Chief Executive Officer's annual report in Parliament.
225. There is no need to have a provision requiring the Minister to
table the Department's annual report because, in accordance with
the terms of section 63 of the PS Act, such reports are given to
the Minister by the Secretary for presentation to Parliament.
Item 87 After section 42
226. This item inserts a new section 43 expressly authorising the
Governor-General to enter into arrangements with the Governor of a
State, with the Chief Minister of the Australian Capital Territory
and the Administrator of the Northern Territory in relation to the
performance of the functions of a magistrate under this Act by a
magistrate of the State or Territory.
227. These provisions ensure that State and Territory magistrates only
perform functions under the MA Act with the agreement of the
Executive Governments of the respective State and Territory.
228. Subsection (7) of the new section 43 requires a copy of each
instrument by which an arrangement under section 43 is made, varied
or revoked to be published in the Gazette.
229. Subsection (8) states that such an instrument is not a legislative
instrument. The instrument would not be a legislative instrument
within the meaning of section 5 of the Legislative Instruments Act
2003 even without this express statement. This provision is
included to assist readers.
Multiple secrecy provisions
230. This item also inserts a new section 43A dealing with multiple
secrecy provisions. The intent of section 43A is to clarify and
simplify the circumstances in which the Secretary, Chief Executive
Medicare or a Departmental employee may disclose, use or record
information where the secrecy provisions of more than one Act apply
in relation to specific information about a specific person, for
example, a person's address. The provision makes clear that, if a
person has provided the same specific personal information to the
Department of Human Services for a number of different programs to
which different secrecy provisions apply, the specific information
can be dealt with in accordance with any of the applicable secrecy
provisions. Thus, for example, if a person provides the
Department of Human Services with their address for the purposes of
program "A" and program "B" and the secrecy provisions covering
program "A" permit the disclosure of the person's address in
specific circumstances, the information can be disclosed in those
circumstances even if the disclosure is not authorised under the
secrecy provisions covering program "B". This is intended to
replicate, as far as possible, the current situation with the use
and disclosure of information by the Department of Human Services,
Medicare Australia and Centrelink. For example, where, a person
has provided their address to both Medicare Australia and
Centrelink, in some specific situations it is possible that
Medicare Australia may be able to disclose the address to another
person, but Centrelink may be prevented by secrecy provisions from
disclosing the same information.
231. Section 43A applies to actions of the Chief Executive Centrelink or
a Departmental employee of disclosure, use or the making of a
record, of information. Subsection (3) defines "disclose" to mean
disclose, divulge or communicate.
232. Subsection 43A(2) provides that if:
(a) particular information (the "protected information") is
subject to a regulatory regime under a "designated program
Act" (the "first program Act"); and
(b) the protected information is also subject to a regulatory
regime under another designated program Act (the "second
program Act"); and
(c) particular action can be taken in relation to the
protected information in particular circumstances without
contravening the second program Act;
then the taking of the action (disclosure, use or making a record)
in those circumstances is taken not to contravene the first program
Act. The section will only apply if the same specific information
about a person is held by the Department of Human Services under
two or more programs covered by different secrecy provisions.
233. The "designated program Acts" are the Acts listed in subsection
(3). These Acts are Acts which have provisions dealing with
aspects of disclosure, use or the making of a record of,
information which affect services benefits, programs or facilities
delivered by the Human Service portfolio agencies.
234. Additional Acts may become "designated program Acts" by being
prescribed in regulations. This power to prescribe additional Acts
is important to ensure that the multiple secrecy provision remains
current when new functions which require access to, and use of,
information that is protected by legislation, are conferred on the
Department of Human Services.
Part 2-Transitional provisions
235. The Items in Part 2 deal with transitional matters arising from the
amendments in Part 1 including matters arising from the abolition
of the statutory office of Chief Executive of Medicare Australia
and from the abolition of Medicare Australia.
236. The provisions deal with matters internal to the Commonwealth in
relation to financial accountability and transfer of employees from
Medicare Australia to the Department. The general approach of
these provisions is to:
. attribute things done by, or in relation to, the Chief Executive
Officer as agency head to the Secretary;
. give effect to documents referring to the Chief Executive
Officer as agency head as if those references were references to
the Secretary; and
. give effect to documents referring to Medicare Australia as if
those references were references to the Department.
237. The transitional provisions also deal with the impact of the
integration on persons and entities outside the Human Services
portfolio. These transitional provisions are intended to ensure
that the integration of Medicare Australia into the Department does
not disrupt the delivery of services and does not have any adverse
impact on the rights of persons or entities who have existing
relationships with, or who are part way through, applications or
transactions involving the Chief Executive Officer or Medicare
Australia. The general approach of these transitional provisions
is to:
. attribute acts done by, or in relation to, the Chief Executive
Officer to the Chief Executive Medicare;
. attribute acts done by, or in relation to, Medicare Australia to
the Department;
. give effect to documents referring to the Chief Executive
Officer as if those references were references to the Chief
Executive Medicare; and
. give effect to documents referring to Medicare Australia as if
those references were references to the Department.
238. The transitional provisions also give the Minister power to modify
the operation of the general provisions by a declaration to:
. prevent particular transitional provisions applying to
particular acts or documents;
. attribute acts to the Secretary or the Chief Executive
Centrelink instead of to the Chief Executive Medicare; or
. attribute acts to the Chief Executive Medicare or the Chief
Executive Centrelink instead of to the Secretary.
239. The purpose of giving the Minister the power to make these
declarations is to:
. allow the Minister power to modify the operation of the
transitional provisions to deal with what otherwise could be
anomalous or inappropriate outcomes; and
. give the Minister flexibility to modify the operation of the
transitional provisions to support and facilitate the
integration of service delivery in the Department.
240. Any modification of the general transitional provisions by
Ministerial declaration must be done by legislative instrument and
is, as such, subject to tabling and scrutiny.
241. The transitional provisions also deal with proceedings pending in
Courts and Tribunals where:
. the Chief Executive is a party;
. Medicare Australia is a party;
. the Commonwealth is a party described as the Commonwealth
represented by the Chief Executive Officer; or
. the Commonwealth is a party described as the Commonwealth
represented by Medicare Australia.
242. These provisions are drafted so as not to impinge on the powers of
the Courts and tribunals to make such orders as they consider
appropriate in relation to substitution of parties and/or changes
in description of parties.
Division 1 - Introduction
Item 88 Definitions
243. This Item inserts definitions that apply in Part 2. The
significance of each of these definitions is explained below in
respect of the items in which the definition is first used.
Division 2 - Acts of the CEO etc
Item 89 Transitional-acts of the CEO under financial management and public
service legislation etc.
244. Subitem 89 identifies particular acts done by or in relation to the
"Chief Executive Officer" before the "transition time" to which
item 89 applies.
245. The term "transition time" is defined by item 88 as meaning "the
commencement of this Schedule". Under clause 2 of the Bill, this
Schedule (Schedule 1) commences 1 July 2011.
246. The term "Chief Executive Officer" is defined by item 88 as having
the same meaning as the term "Chief Executive Officer" within the
meaning of the MA Act as in force immediately before the transition
time.
247. The acts to which this item applies are acts done by the Chief
Executive Officer, and, acts done in relation to the Chief
Executive Officer, under or for the purposes of, any of:
(a) the Financial Management and Accountability Act 1997 (FMA
Act); or
(b) regulations under the FMA Act; or
(c) Finance Minister's Orders under the FMA Act; or
(d) the Public Service Act 1999 (PS Act); or
(e) regulations under the PS Act.
248. Under subitem 89(2) after the transition time, an act to which item
89 applies has effect:
(a) if done by the Chief Executive Officer before the
transition time as if it had been done by the Secretary; and
(b) if done in relation to the Chief Executive Officer, as if
it had been done in relation to the Secretary.
249. Item 88 defines the term "the Secretary" as meaning the Secretary
of the Department.
250. Subitem 89 (3) provides that the Minister may by legislative
instrument declare that subitem (2) does not apply in relation to a
specified act.
251. Subitem 89(4) authorises the Minister when making a declaration
under subitem (3) in relation to a specified act to make a
declaration by legislative instrument:
(a) for an act done by the Chief Executive Officer before the
transition, that the act has effect after the transition
time as if it had been done by the Chief Executive Medicare;
and
(b) for an act done in relation to the Chief Executive Officer
before the transition time, that the act has effect after
the transition time as if it had been in relation to the
Chief Executive Medicare;
252. Subitems (3) and (4) enable the Minister to make declarations to
adjust the general effect of subitem 89(2) where appropriate to
avoid anomalous or inappropriate outcomes.
253. Subitem 89(5) provides that a declaration under subitem (3) or (4)
after the transition time takes effect at the transition time.
254. Subitem 89(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 90 Transitional-acts of the CEO under binding non-employment
agreements etc.
255. This item deals with the acts done before the transition time by,
or in relation to, the Chief Executive Officer under a binding non-
employment agreement. The term "binding non-employment agreement"
is defined by item 88 as meaning an agreement:
(a) that is legally enforceable; and
(b) to which the Commonwealth or the Chief Executive Officer
is a party; and
(c) that does not contain any or all of the terms and
conditions of employment of one or more employees; and
(d) that was entered into before the transition time.
256. Under subitem 90(2) after transition time an act which is covered
by this item have effect:
(a) if done by the Chief Executive Officer before the
transition time as if it had been done by the Secretary;
and
(b) if done in relation to the Chief Executive Officer, as if
it had been done in relation to the Secretary.
257. Under subitem 90(3) the Minister may by legislative instrument
declare that subitem (2) does not apply in relation to a specified
act.
258. Subitem 90(4) authorises the Minister when making a declaration
under subitem (3) in relation to a specified act to make a
declaration by legislative instrument:
(a) for an act done by the Chief Executive Officer before the
transition, that the act has effect after the transition
time as if it had been done by:
(i) the Chief Executive Medicare; or
(ii) the Chief Executive Centrelink.
(b) for an act done in relation to the Chief Executive Officer
before the transition time, that the act has effect after
the transition time as if it had been done in relation to:
(i) the Chief Executive Medicare; or
(ii) the Chief Executive Centrelink.
259. Item 88 defines the term "Chief Executive Medicare" as having the
same meaning as in the Human Services (Medicare) Act 1973 as
amended by this Schedule (Schedule 1). The meaning of the term
under the amended Act is set out in item 5 by reference to new
section 4 inserted by this Bill.
260. Item 88 defines the term "Chief Executive Centrelink" as having the
same meaning as in the Human Services (Centrelink) Act 1997 as
amended by Schedule 2.
261. Subitem 90(5) provides that a declaration under subitem (3) or (4)
after the transition time takes effect at the transition time.
262. Subitem 90(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 91 Transitional-acts of the CEO under non-binding governmental
agreements etc.
263. This item deals with acts done by, or in relation to, the Chief
Executive Officer before the transition time under, or for the
purposes of, a "non-binding governmental agreement".
264. The term "non-binding governmental agreement" is defined by item 88
as meaning an agreement between
a) between Medicare Australia and a government body; and
b) that is not legally enforceable; and
c) that was entered into before the transition time.
265. The term "Medicare Australia" is defined by item 88 as meaning
Medicare Australia (within the meaning of the MA Act as in force
immediately before the transition time). Under section 20 of the
MA Act in force before transition time, Medicare Australia
comprises the Chief Executive Officer and the employees.
Accordingly, item 91 applies in relation to non-binding
governmental agreements whether entered into by the CEO or by the
staff of Medicare Australia.
266. The term "government body" is defined by item 88 as a department of
the Commonwealth, a State or a Territory or an agency, authority or
instrumentality of the Commonwealth, a State or a Territory.
267. The non-binding agreements which are subject to item 91 include
service arrangements entered into in accordance with section 7 of
the MA Act with the principal officers of Commonwealth authorities
and agreements about the performance of functions entered into
under section 7A of the MA Act before the amendment of those
sections by this Bill.
268. Under subitem 91(2) after transition time, if the act was done by
the Chief Executive Officer, it has effect as if it had been done
by the Chief Executive Medicare and, if done in relation to the
Chief Executive Officer, it has effect as if it had been done in
relation to the Chief Executive Medicare.
269. Under subitem 91(3) the Minister may by legislative instrument
declare that subitem (2) does not apply in relation to a specified
act.
270. Subitem 91(4) authorises the Minister when making a declaration
under subitem (3) in relation to a specified act to make any of the
following declarations by legislative instrument:
a) for an act done by the Chief Executive Officer before the
transition, that the act has effect after the transition time
as if it had been done by:
(i) the Chief Executive Medicare; or
(ii) the Chief Executive Centrelink.
b) for an act done in relation to the Chief Executive Officer
before the transition time, that the act has effect after the
transition time as if it had been done in relation to:
(i) the Chief Executive Medicare; or
(ii) the Chief Executive Centrelink.
271. The purpose of giving the Minister power to make declarations for
acts done by or in relation to the Chief Executive of Medicare
Australia under non-binding governmental agreements to be taken to
have been done by or in relation to the Chief Executive Centrelink
(as well as by or in relation to the Chief Executive Medicare) is
to allow flexibility in the integration of delivery of services.
272. Subitem 91(5) provides that a declaration under subitem (3) or (4)
after the transition time takes effect at the transition time.
273. Subitem 91(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 92 Transitional-other acts of the CEO
274. This item deals with transition in relation to an act which was
done by or in relation to the Chief Executive Officer before
transition and to which none of items 89, 90 or 91 applies.
275. Under subitem 92(2), if the act was done by the Chief Executive
Officer, it has effect after transition time as if it had been done
by the Chief Executive Medicare and, if done in relation to the
Chief Executive Officer, it has effect as if it had been done in
relation to the Chief Executive Medicare.
276. Under subitem 92(3) the Minister may by legislative instrument
declare that subitem (2) does not apply in relation to a specified
act.
277. Subitem 92(4) authorises the Minister when making a declaration
under subitem (3) in relation to a specified act to make any of the
following declarations by legislative instrument:
(a) for an act done by the Chief Executive Officer before the
transition, that the act has effect after the transition time
as if it had been done by:
(i) the Secretary; or
(ii) the Chief Executive Centrelink.
(b) for an act done in relation to the Chief Executive Officer
before the transition time, that the act has effect after the
transition time as if it had been done in relation to:
(i) the Secretary; or
(ii) the Chief Executive Centrelink.
278. Subitem 92(5) provides that a declaration under subitem (3) or (4)
before or after the transition time takes effect at the transition
time.
279. Subitem 92(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 93 Transitional-documents lodged with Medicare Australia
280. The item applies to a document that was given to, or lodged with,
Medicare Australia before the transition time. In accordance with
section 25 of the AIA, the reference to documents generally
includes documents lodged electronically.
281. Under subitem 93 (2) any such document has effect as if it had been
given to, or lodged with the Department.
282. Under subitem 93(3) the Minister may, by legislative instrument,
declare that subitem (2) does not apply in relation to a specified
document.
283. Under subitem 93(4) at the same time as making a declaration under
subitem (3) the Minister may also declare by legislative instrument
that after transition time the document has effect as if given to
or lodged with the Chief Executive Medicare or as if given to or
lodged with the Chief Executive Centrelink.
284. Subitems 93(3) and (4) are intended to give the Minister power to
adapt the general operation of subitem 93(2) to avoid anomalous or
inappropriate outcomes in relation to particular categories of
documents.
285. Subitem 93(5) provides that a declaration under subitem (3) or (4)
after the transition time takes effect at the transition time.
286. Subitem 93(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 94 Transitional-other acts done in relation to Medicare Australia
etc.
287. This item applies to an act done in relation Medicare Australia
before the transition time which is not covered by item 93.
288. Under subitem 94(2) the act has effect as if it had been done in
relation to the Department.
289. Under subitem 94(3), the Minister may, by legislative instrument,
declare that subitem (2) does not apply in relation to a specified
act. Under subitem 94(4) when the Minister makes a declaration
under subitem (3) in relation to a specified act, the Minister may
at the same time, by legislative instrument, make a declaration
that the act has effect, after the transition time, as if it had
been done in relation to the Chief Executive Medicare or as if it
had been done in relation to the Chief Executive Centrelink.
290. Subitems (3) and (4) give the Minister flexibility to modify the
operation of subitem 94(2) to avoid anomalous or inappropriate
outcomes.
291. Subitem 94(5) provides that a declaration made under subitem (3) or
(4) after the transition time takes effect at the transition time.
292. Subitem 94(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 95 Transitional-acts done by employees of Medicare Australia under
Commonwealth laws etc.
293. This item applies to an act done by, or in relation to, an employee
of Medicare Australia before the transition time under a law of the
Commonwealth.
294. Under subitem 95(2) such an act has effect after transition time as
if it had been done by, or in relation to, a Departmental employee.
"Departmental employee" is defined in item 88 to have the same
meaning as in the Human Services (Medicare) Act 1973 as amended by
this Schedule.
295. Under subitem 95(3) the Minister may by legislative instrument
declare that subitem 95(2) does not apply to a specified act.
296. Subitem 95(4) provides that a declaration made under subitem (3) or
(4) after the transition time takes effect at the transition time.
297. Subitem 95(5) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 96 Variation or revocation of instruments etc
298. For avoidance of doubt this item provides that if an act to which
this Division applies consists of the making of an instrument or an
agreement, this Division does not by implication prevent the
instrument or agreement from being varied, amended or revoked after
transition time.
Item 96A Division 2 of Part 2 of Schedule 1 does not apply to making of
lapsed instruments
299. This item ensures that certain instruments made before the
transition time under provisions of the Medicare Australia Act 1973
that have been repealed by the Bill are not continued by the
transitional provisions.
300. In particular, the following instruments will not be continued by a
transitional provision:
a) directions conferring functions on the Chief Executive
Officer under section 5(1)(d);
b) service arrangements agreed between the Chief Executive
Officer and the principal officer of a Commonwealth authority
under section 7(2);
c) Ministerial directions to the Chief Executive Officer about
the exercise or performance of powers or functions under
section 8;
d) requests from the Minister for information from the Chief
Executive Officer under section 8AA; and
e) instruments made under Division 2 of Part IIA of the Medicare
Australia Act 1973 (such as instruments appointing the Chief
Executive Officer, granting a leave of absence and setting
out terms and conditions).
301. Item 96A is included for the avoidance of doubt.
Division 3 - Translation of references in documents
Item 97 Transitional-translation of references in binding non-employment
agreements
302. This item applies to any binding non-employment agreement which was
in force immediately before the transition time. Under subitem
97(2) after transition time the agreement has effect as if:
(a) a reference (if any) in the agreement to the Commonwealth
of Australia represented by the Chief Executive Officer of
Medicare Australia were a reference to the Commonwealth of
Australia represented by the Department; and
(b) a reference (if any) in the agreement to the Chief
Executive Officer (other than a reference covered by
paragraph (a)) were a reference to the Secretary; and
(c) a reference (if any) in the agreement to Medicare
Australia were a reference to the Department.
303. These provisions allow these agreements to continue to operate
effectively despite the abolition of the statutory office of the
Chief Executive Officer of Medicare Australia and the integration
of Medicare Australia into the Department.
304. Under subitem 97(3) the Minister may, by legislative instrument,
declare that any or all of the paragraphs of subitem (2) do not
apply in relation to a specified agreement.
305. Under subitem 97(4) when the Minister makes a declaration under
subitem (3) in relation to a specified agreement, the Minister may
at the same time, by legislative instrument, make a declaration
that after transition time, the agreement has effect as if a
reference (if any) in the agreement to the Chief Executive Officer
(other than a reference covered by paragraph (a)) were a reference
to the Chief Executive Medicare or to the Chief Executive
Centrelink.
306. Subitems (3) and (4) give the Minister flexibility to modify the
operation of subitem 97(2) to avoid anomalous or inappropriate
outcomes.
307. Subitem 97(5) provides that a declaration made under subitem (3) or
(4) after the transition time takes effect at the transition time.
308. Subitem 97(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
309. For the avoidance of doubt, subitem 97(7) provides that this item
does not, by implication, prevent the agreement from being varied,
amended or revoked after the transition time.
Item 98 Transitional-translation of references in non-binding governmental
agreements
310. This item applies to any non-binding governmental agreement which
was in force immediately before the transition time. Under subitem
98(2) after transition time the agreement has effect as if:
(a) a reference (if any) in the agreement to the Commonwealth
of Australia represented by the Chief Executive Officer were
a reference to the Commonwealth of Australia represented by
the Department; and
(b) a reference (if any) in the agreement to the Chief
Executive Officer (other than a reference covered by
paragraph (a)) were a reference to the Chief Executive
Medicare; and
(c) a reference (if any) in the agreement to Medicare
Australia were a reference to the Department.
These changes allow these agreements to continue to operate
effectively despite the abolition of the statutory office of the
Chief Executive Officer of Medicare Australia and the integration of
Medicare Australia into the Department.
311. Under subitem 98(3) the Minister may, by legislative instrument,
make a declaration that any of the paragraphs of subitem (2) do not
apply to a specified agreement. Under subitem 98(4) when the
Minister makes a declaration under subitem (3) in relation to a
specified agreement, the Minister may at the same time, by
legislative instrument, make a declaration that after transition
time, the agreement has effect as if a reference (if any) in the
agreement to the Chief Executive Officer (other than a reference
covered by paragraph (a)) were a reference to the Secretary or to
the Chief Executive Centrelink.
312. Subitems (3) and (4) give the Minister flexibility to modify the
operation of subitem 98(2) to avoid anomalous or inappropriate
outcomes.
313. Subitem 98(5) provides that a declaration made under subitem (3) or
(4) after the transition time takes effect at the transition time.
314. Subitem 98 (6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
315. For the avoidance of doubt, subitem 98(7) provides that this item
does not, by implication, prevent the agreement from being varied,
amended or revoked after the transition time.
Item 99 Transitional-translation of references in other instruments
316. This item applies to an instrument which is not covered by item 97
or by item 98 and which was in force immediately before the
transition time. In this item, the definition of instrument
includes:
(a) a contract, deed, undertaking or agreement; and
(b) a notice, authority, order or instruction; and
(c) an instrument made under an Act or under regulations;
but does not include an Act. This is a broad definition, but under
subitem 99(2), item 99 only applies to an instrument which is not
covered by item 97 or item 98.
317. Under subitem 99(2) after transition time the instrument has effect
as if a reference (if any) in the instrument to Chief Executive
Officer were a reference to the Chief Executive Medicare and as if
a reference (if any) to Medicare Australia were a reference to the
Department. These changes allow such instruments to continue to
operate despite the abolition of the office of Chief Executive
Officer of Medicare Australia and the integration of Medicare
Australia into the Department.
318. Under subitem 99(3) the Minister may, by legislative instrument
declare that subitem (2)'s provisions in relation to references to
Chief Executive Officer and Medicare Australia do not apply in
relation to a specified instrument.
319. Under subitem 99(4) when the Minister makes a declaration under
subitem (3) in relation to a specified instrument, the Minister may
at the same time, by legislative instrument, make a declaration
that after transition time, the agreement has effect as if a
reference (if any) in the instrument to the Chief Executive Officer
were a reference to the Secretary or to the Chief Executive
Centrelink.
320. Subitem 99(5) provides that a declaration made under subitem (3) or
(4) after the transition time takes effect at the transition time.
321. Subitem 99(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
322. For the avoidance of doubt, subitem 99(7) provides that this item
does not, by implication, prevent the instrument from being varied,
amended or revoked after the transition time.
Item 99A Division 3 of Part 2 of Schedule 1 does not apply to lapsed
instruments
323. This item applies to certain instruments made before the transition
time under provisions of the Medicare Australia Act 1973 that have
been repealed by the Bill. These instruments are not continued by
the transitional provisions (refer to paragraphs 299 to 301) and
accordingly it is not necessary to translate the references in
these lapsed instruments to new references.
324. Item 99A is included for the avoidance of doubt.
Division 3A - Agreements about the performance of the CEO's
functions
Item 99B Transitional - agreements with Secretaries about the performance
of the CEO's functions
325. This item applies to agreements that were made under section 7A of
the Medicare Australia Act 1973 before the transition time between
the Chief Executive Officer and the Secretary of a Department
(other than the Human Services Department) that were in force
immediately before the transition time.
326. Subitem 99B(2) continues these agreements as if they had been made
under section 7A of the Human Services (Medicare) Act 1973, as
amended by this Schedule and as if the agreement had been made
between the Secretary of the Human Services Department and the
Secretary of the other Department. In addition, where there are
references in the agreement to the functions of the Chief Executive
Officer, subitem 99B(2) translates those references to be
references to the functions of the Chief Executive Medicare.
327. Under subitem 99B(3) the Minister may, by legislative instrument
declare that subitem (2)'s provisions do not apply in relation to a
specified agreement.
328. Subitem 99B(4) provides that a declaration made under subitem (3)
after the transition time takes effect at the transition time.
329. Subitem 99B(5) provides that a declaration under subitem (3) before
the transition time, in accordance with section 4 of the AIA, takes
effect at the transition time.
330. For the avoidance of doubt, subitem 99B(6) provides that this item
does not, by implication, prevent the instrument from being varied,
amended or revoked after the transition time.
331. Subitem 99B(7) sets out three definitions.
a) Function is defined to include power.
b) Human Services Department is defined as the Department
administered by the Human Services Minister.
c) Human Services Minister is defined as the Minister
administering the Human Services (Medicare) Act 1973 as
amended by this Schedule.
Item 99C Transitional - other agreements about the performance of the CEO's
functions
332. This item applies to an agreement:
a) that was made under section 7A of the Medicare Australia Act
1973 as in force before the transition time;
b) that was in force immediately before the transition time; and
c) where section 99B(2) does not apply to the agreement.
333. Subitem 99C(2) provides that agreements covered by item 99C cease
to have effect at the transition time.
334. Agreements that are intended to fall within item 99C include
agreements between the Chief Executive Officer and a Minister or
between the Chief Executive Officer and the head of a statutory
agency. To the extent that any of these types of agreements need to
be continued, they will be remade, at or after the transition time.
Item 99D Division 3A prevails over Divisions 2 and 3
335. Item 99D provides that Divisions 2 and 3 of Part 2 (Transitional
Provisions) of Schedule 1 (Amendment of the Medicare Australia Act
1973 have no effect to the extent that they are inconsistent with
Division 3A.
Division 4 - Proceedings in courts and tribunals
Item 100 Transitional-administrative law proceedings
336. This item applies to proceedings to which the Chief Executive
Officer is a party and which are pending immediately before the
transition time:
(c) in the Administrative Appeals Tribunal; or
(d) in the Social Security Appeals Tribunal; or
(e) in a court under the Administrative Decisions (Judicial Review)
Act 1977;
(f) in a court or tribunal in relation to the review (otherwise
than under the Administrative Decisions (Judicial Review) Act
1977) of:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a decision;
or
(iii) a failure to make a decision.
337. Subitem (2) substitutes the Chief Executive Medicare as a party to
the proceeding. This provision enables the effective continuation
of the pending proceedings despite the abolition of the position of
Chief Executive Officer.
338. Subitem (3) provides that where the court or tribunal considers it
to be in the interests of the administration of justice to do so,
the court or tribunal may by order determine that subitem (2) does
not apply in relation to the proceedings and that a person
specified in the order be substituted as a party to the
proceedings.
Item 101 Transitional-other proceedings to which the Commonwealth
represented by the CEO is a party
339. This item applies to proceedings pending immediately before the
transition time in which a party to the proceedings is described as
the Commonwealth represented by the Chief Executive Officer.
Subitem (2) provides that after transition time, the party is to be
described as the Commonwealth represented by the Chief Executive
Medicare.
340. Subitem (3) provides that if the court or tribunal considers it is
in the interests of justice to do so, the court or tribunal may
order that subitem (2) does not apply and order how the party is to
be described.
Item 102 Transitional-other proceedings to which the CEO or Medicare
Australia is a party
341. This item applies to proceedings pending immediately before the
transition time which are not subject to item 100 and in which a
party to the proceedings is the Chief Executive Officer or Medicare
Australia.
342. Subitem (2) gives the court or tribunal power to order that after
transition time another person be substituted as a party to the
proceedings.
Item 103 Transitional-other proceedings to which the Commonwealth
represented by Medicare Australia is a party
343. This item applies to proceedings pending immediately before the
transition time if a party to the proceedings is described as the
Commonwealth of Australia represented by Medicare Australia.
Subitem (2) gives the court or tribunal power to order that the
party is to be described in the manner specified in the order.
Item 104 Other powers of courts and tribunals unaffected
344. This item provides that the powers conferred on a court or tribunal
under this Division are in addition to, and not instead of, any
other powers of the court or tribunal.
Division 5 - Employees
345. The Items in Division 5 deal with transitional matters arising from
the movement of employees from Medicare Australia to the
Department. It is intended that a single enterprise agreement will
be negotiated for all Department employees to take effect from the
transition date. If a single enterprise agreement is not
successfully negotiated before the transition date, the Medicare
Australia Collective Agreement 2008-2011 or Medicare Australia
(Medical Officers) Collective Agreement 2008-2011 will cover the
Department and the relevant transferring Medicare Australia
employee in relation to Department work until a single enterprise
agreement is successfully negotiated.
346. If a person becomes a new employee, as defined by subitem 106(6),
before a single enterprise agreement is successfully negotiated,
the Secretary may determine that the Centrelink Agreement 2009-2011
or the Medicare Australia Collective Agreement 2008-2011 or the
Medicare Australia (Medical Officers) Collective Agreement 2008-
2011 applies to the new employee until a single enterprise
agreement is successfully negotiated.
Item 105 Transitional-movement of employees from Medicare Australia to the
Department
347. This item states that the movement of APS employees from Medicare
Australia to the Department is to be in accordance with a
determination under the machinery of government provision in
section 72 of the PS Act.
Item 106 Transitional-employment agreements and determinations
348. This item deals with the transitional arrangements for transferring
employees. Subitem 106(1) defines a "transferring employee" as a
person who was an APS employee immediately before the transition
time and is covered by a machinery of government determination
under section 72 of the PS Act which causes the person at
transition time to become an employee in the Department.
349. If a person is a transferring employee (other than an SES employee)
and immediately before the transition time the person's employment
in Medicare Australia was covered by a "designated agreement", then
the detailed provisions in subitem (2) dealing with the operation
of the designated agreement from the transition time apply in
relation to the transferring employee's work in the Department.
350. Subitem (11) defines "designated agreement" as the Medicare
Australia Collective Agreement 2008-2011, the Medicare Australia
(Medical Officers) Collective Agreement 2008-2011 or an enterprise
agreement (as defined under the Fair Work Act 2009).
Transferring non-SES employees covered by a designated agreement
351. If subitem (2) applies then:
a) Under paragraph (d) the designated agreement (as in force
immediately before the transition time) covers the
Commonwealth and the transferring employee in relation to the
Department work (as defined in subitem (11) to mean work
performed after transition by the employee in the
Department).
b) Under paragraph (e) no other enterprise agreement, modern
award or award-based transitional instrument covers the
transferring employee while the designated agreement covers
the Commonwealth and the transferring employee. The term
"award-based transitional instrument" is defined by subitem
(11) as having the same meaning as in Schedule 2 to the Fair
Work (Transitional Provisions and Consequential Amendments)
Act 2009. Under subitem (11) the term "modern award" has the
same meaning as in the Fair Work Act 2009.
c) Under paragraph (f) the designated agreement has effect after
the transition time as if it had been made with the Secretary
on behalf of the Commonwealth.
d) Under paragraph (g) if the transferring employee becomes an
SES employee after the transition time - paragraphs (c), (d)
and (e) cease to apply in relation to the transferring
employee.
e) Under paragraph (h), if an enterprise agreement is made after
the transition time by the Secretary on behalf of the
Commonwealth - and apart from paragraphs (d), (e) and (f),
the enterprise agreement covers the Commonwealth and the
transferring employee, then paragraphs (d), (e) and (f) cease
to apply to the transferring employee when the enterprise
agreement commences. (Subitem (8) provides that paragraphs
2(h), 4(j) and 7(h) have effect subject to section 58 of the
Fair Work Act 2009. Section 58 of that Act generally
requires that only one enterprise agreement can apply to an
employee at a particular time.)
Transferring employees covered by an individual
352. Under subitem (3) if a transferring employee's employment in
Medicare Australia was covered immediately before the transition
time by an individual agreement-based transitional instrument, then
that agreement, has effect after the transition time, in relation
to the transferring employee's Department work, as if it had been
made with the Secretary on behalf of the Commonwealth. This
provision is consequential on the abolition of Medicare Australia.
353. Under subitem (11), for item 106, the term individual agreement-
based transitional instrument has the same meaning as in Schedule 2
to the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009.
354. Subitem (3) in effect preserves the transferring employee's
position under the individual agreement-based transitional
instrument after transition. However, the coverage of the employee
under the agreement after transition may cease in accordance with
subitem (4).
355. Subitem (4) sets out procedures for shifting transferring employees
covered by an individual agreement-based transitional instrument to
coverage after transition by a designated agreement. Subitem (4)
provides for that shift to occur during a period (the cessation
time):
a) beginning at transition time; and
b) ending immediately before the commencement of an enterprise
agreement made after the transition time by the Secretary on
behalf of the Commonwealth, where (apart from the individual
agreement-based transitional instrument) the enterprise
agreement covers the Commonwealth and the transferring
employee in relation to Department work.
356. Under paragraphs (d), (e) and (f) of subitem (4) if during the
cessation time there is a designated agreement covering the
Commonwealth under subitem (2) which was made before the transition
time, then the Secretary, may by written notice to the transferring
employee, determine that the designated agreement is applicable to
the transferring employee for the purposes of subitem (4). The
notice may be given by the Secretary before, or within 14 days
after, the cessation time and takes effect from the cessation time.
357. Subitem (10) states that a determination by the Secretary under
these provisions is not a legislative instrument. The instrument
would not be a legislative instrument within the meaning of section
5 of the Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
358. If the Secretary gives a notice to an employee then the employee is
subject to the same coverage with the same qualifications
(including section 58 of the Fair Work Act 2009) as applies to
other transferring employees under subitem (2).
Transferring employees whose employment is covered by a
determination under subsection 24(1) of the Public Service Act
359. Subitem (5) applies if a person is a transferring employee; and
immediately before the transition time, the person's employment in
Medicare Australia was covered by a determination under subsection
24(1) of the PS Act.
360. Under subsection 24(1) of the PS Act an Agency Head may make
determinations of remuneration and other terms and conditions of
employees. Under subsection 24(2), the power in subsection (1) may
not be used to reduce the benefit to an employee of a term or
condition under certain industrial instruments.
361. If subitem (5) applies, then the determination (to the extent to
which it relates to the person) has effect after the transition
time, in relation to the transferring employee's Department work,
as if the determination had been made by the Secretary; and the
determination were applicable to the person's employment in the
Department.
362. Paragraph (d) of subitem (5) declares that the effect which subitem
(5) gives to such determinations does not prevent the variation or
revocation of the determination.
363. Subitem (5) is intended to preserve the benefit of any subsection
24(1) PS Act determinations which have been made in relation to
transferring employees subject to the possibility of variation or
revocation of any such determinations in accordance with the PS
Act.
New employees
364. Subitem (7) applies in relation to "new employees" defined in
subitem (6) as a person who is an APS employee (other than an SES
employee) in the Department and who is not a transferring employee
(as defined in subitem (1)). If
(a) a designated agreement covers the Commonwealth because of
subitem (2); and
(b) the designated agreement was made before the transition
time; and
(c) after the transition time, a person becomes a new
employee;
then under paragraph (d) the Secretary, may by written notice given
to the new employee, determine that the designated agreement is
applicable to the new employee for the purposes of this subitem.
The notice may be given by the Secretary before, or within 14 days
after the person becomes a new employee and takes effect from the
time the person becomes a new employee.
365. Subitem (10) states that a determination by the Secretary under
these provisions is not a legislative instrument. The instrument
would not be a legislative instrument within the meaning of section
5 of the Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
366. If the Secretary gives a notice to an employee, then the employee
is subject to the same coverage under the designated agreement with
the same qualifications (including section 58 of the Fair Work Act
2009) as apply to transferring employees under subitem (2).
Section 58 of the Fair Work Act 2009
367. This provision qualifies the operation of subitems (2), (4) and (7)
by declaring that any shift to an enterprise agreement is subject
to section 58 of the Fair Work Act 2009 which generally requires
that only one enterprise agreement can apply to an employee at a
particular time.
Delegation
368. Subitem (9) authorises the Secretary to delegate the power to make
determinations by giving notices under subitems (4) and (7) to an
SES employee in the Department. It is appropriate for the
Secretary to be able to delegate this power given the size of the
workforce involved.
Legislative Instrument
369. Subitem (10) declares that the determinations which the Secretary
is authorised to give under subitems (4) and (7) are not
legislative instruments. These instruments would not be
legislative instruments within the meaning of section 5 of the
Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
Definitions
370. Subitem (11) sets out the definition of terms used in item 106.
Each of these definitions has been referred to above in the
explanation of the first provision of item 106 to use the defined
term.
Item 107 This Division Prevails over Division 2 and 3
371. This item provides that Division 2 and 3 have no effect to the
extent if any to which they are inconsistent with this Division.
Division 6 - Miscellaneous
Item 108 Transitional-transfer of appropriated money
372. This item provides that in Appropriation Acts for the financial
year beginning 1 July 2010 or earlier financial years references to
Medicare Australia are to be read as references to the Department.
373. This is consistent with the integration of Medicare Australia into
the Department.
Item 109 Transitional-responsibility for Commonwealth resources
374. This item transfers to the Secretary at transition time
responsibility under the Financial Management and Accountability
Act 1997 for any Commonwealth resources for which the Chief
Executive Officer was responsible immediately before the transition
time.
Item 110 Transitional-final annual report
375. This provision provides that despite amendments of section 42 of
the MA Act made by this Schedule, that section continues to apply,
in relation to the report for the financial year beginning on
1 July 2010, as if those amendments had not been made.
376. However, the reporting obligation is imposed on the Secretary
instead of the Chief Executive Officer. It is intended that the
Secretary could provide a single consolidated annual report for the
financial year beginning 1 July 2010 to meet:
. the Secretary's obligation to provide the report required by
item 110;
. the Secretary's obligation to provide a similar report in
relation to the performance of the functions and powers of the
Chief Executive Officer of Centrelink and on the operations of
Centrelink for the financial year beginning 1 July 2010 in
accordance with transitional provisions in relation to
Centrelink being introduced by this Bill; and
. the Secretary's direct obligations to provide an annual report
in accordance with section 63 of the PS Act in relation to the
Department for the financial year beginning 1 July 2010.
Item 111 Transitional-other reporting requirements
377. This item imposes on the Secretary any obligation under a law of
the Commonwealth which, if this Schedule had not been enacted,
would have applied to the Chief Executive after the transition time
to prepare a report to give to another person in relation to
Medicare Australia relating either to the financial year beginning
1 July 2010 or to a period that ends on or before 30 June 2011.
Item 112 Transitional-transfer of records to the Department
378. This item transfers any records or documents that were in
possession of the Chief Executive Officer or Medicare Australia
immediately before the transition time to the Department.
Item 113 Transitional-subsections 5(10) to (14) of the Human Services
(Medicare) Act 1973
379. This item has been included to avoid any doubt about the validity
of directions made under section 5(1)(d) of the Medicare Australia
Act 1973 before the transition time. For example, subitems (2) and
(3) confirm that section 5 of the Medicare Australia (Functions of
the Chief Executive Officer) Direction 2005 is valid. Section
5(1)(d) is repealed by item 28B of Schedule 1.
Item 114 Transitional-amendments of sections 8ZF and 8ZG of the Medicare
Australia Act 1973
380. This item provides that despite the repeal of sections 8ZF and 8ZG
of the MA Act those sections continue to apply, after the
transition time, in relation to warrants issued before the
transition time, as if that repeal had not happened.
Item 115 Transitional-use or disclosure of information
381. Section 8RA of the Human Services (Medicare) Act 1973 as amended by
this Schedule applies in relation to notices issued under
section 8P of that Act after the transition time.
Item 116 Transitional-amendments of section 8ZN of the Medicare Australia
Act 1973
382. Despite the amendments of section 8ZN of the MA Act made by this
Schedule, that section continues to apply, after the transition
time, in relation to powers exercised under Part IID of the MA Act
before the transition time, as if those amendments had not been
made.
383. Section 8ZN of the Human Services (Medicare) Act 1973 as amended by
this Schedule applies in relation to powers exercised under
Part IID of that Act after the transition time.
Schedule 2 - Amendment of the Commonwealth Services Delivery Agency Act
1997
Part 1 - Amendments
Commonwealth Services Delivery Agency Act 1997
Item 1 Title
384. This is a formal provision changing the long title of the Act.
Item 2 Section 1
385. This is a formal provision changing the short title of the Act.
The new short title will be the Human Services (Centrelink) Act
1997.
Item 3 Section 2A
386. This item repeals this section because it is redundant.
387. Chapter 2 of the Criminal Code now applies to all Commonwealth
offences.
Item 4 (definition of Agency)
388. This item repeals this definition because the Agency established by
the Act is being abolished by this Bill.
Item 5 Section 3
389. This item inserts a definition of the term "centrelink programs" by
reference to new section 40 being inserted by this Bill.
Item 6 Section 3
390. This item inserts a definition of the term "Chief Executive
Centrelink" which refers to the new section 7 being inserted in the
renamed Human Services (Centrelink) Act 1997 by this Bill.
Item 7 Section 3
391. This item inserts a definition of the term "Chief Executive
Medicare" by reference to the Human Services (Medicare) Act 1973
which will be the name of the Medicare Australia Act 1973 as
amended and renamed by this Bill.
Item 8 Section 3 (definition of Chief Executive Officer)
392. This item repeals this definition because the Bill abolishes this
position. The term will no longer be used in the Act.
Item 9 Section 3 (definition of Commonwealth authority)
393. This item repeals this definition because the term will no longer
be used in the Act.
Item 10 Section 3 (definition of Commonwealth service)
394. This item repeals this definition because the term will no longer
be used in the Act.
Item 11 Section 3
395. This item defines the term "Departmental employee" which is used
in:
. amended provisions dealing with delegations by the Chief
Executive Centrelink; and
. new provisions dealing with assistance to the Chief Executive
Centrelink in the performance of functions of the Chief
Executive Centrelink.
396. Those amendments and new provisions and this definition provide the
basis for all employees of the integrated Department to be able to
support the Chief Executive Centrelink in carrying out his or her
functions.
Item 12 Section 3 (definition of employee)
397. This item repeals this definition because this definition of
"employee" will not be appropriate to the provisions of the amended
Act which use the term "employee".
Item 13 Section 3
398. This item defines the word "function" to include "power".
399. This amendment and other amendments in the Bill are intended to
avoid doubt about whether the conferral of functions under the CSDA
Act to exercise a statutory power is effective to enable exercise
of the statutory power without separate delegation by the holder of
the statutory power.
400. This issue was referred to in the ANAO Audit Report No 39 2009-2010
"Medicare Australia's Administration of the Pharmaceutical Benefits
Scheme" at paras 2.54-2.65.
Item 14 Section 3
401. This item inserts a definition of the term "medicare program" by
reference to the Human Services (Medicare) Act 1973 as amended by
this Bill. This term is used in the section 40 definition of
"centrelink program."
Item 15 Section 3
402. This item repeals the definition of this term "perform" to include
"exercise".
403. This change is consequential on the change to the definition of
"function" to include "power".
Item 16 Section 3 (definition of principal officer)
404. This item repeals this definition because the term will no longer
be used in the Act.
Item 17 Section 3
405. This item inserts a definition of the term "Secretary".
Item 18 Section 3 (definition of service arrangements)
406. This item repeals the definition because the term will no longer be
used in the Act.
Item 19 Section 3
407. This item inserts a definition of "service delivery functions" by
reference to the new section 8A, inserted by item 29.
Item 20 Part 2
408. This item repeals Part 2 which had established Centrelink
comprising the Chief Executive Officer and the "employees".
409. The repeal of Part 2 causes Centrelink to cease to exist as a
separate entity. This is required for the integration of
Centrelink into the Department.
Item 21 Part 3 (heading)
410. This item repeals the heading and substitutes a heading which
refers to "Chief Executive Centrelink".
411. This change is consistent with the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
Item 22 Division 1 of Part 3 (heading)
412. This item repeals the heading because Part 3 will no longer be
divided into Division 1 and Division 2.
413. This change is consequential on the repeal of Division 2.
Item 23 Section 7
414. This item repeals section 7 which had provided for the Chief
Executive Officer with the prior written approval of the Minister
to enter into arrangements with the principal officer of a
Commonwealth authority for the provision of Commonwealth services
specified in the arrangements. These "service arrangements" were
part of a purchaser/provider approach to service delivery. A more
flexible approach to service delivery and a broader "service
delivery function" for the Chief Executive Centrelink is provided
for in the new section 8A.
415. This item also inserts a new section 7 which establishes a
statutory office of Chief Executive Centrelink.
416. Under subsection 7(2) the Chief Executive Centrelink is to be the
SES employee in the Department specified in a written instrument
made by the Secretary.
417. Subsection 7(3) provides that an SES employee must not be specified
in an instrument under paragraph 7(2)(a) if the employee is
specified as Chief Executive Medicare (under paragraph 4(2)(a) of
the Human Services (Medicare) Act 1973) or as Child Support
Registrar (under paragraph 10(2)(a) of the Child Support
(Registration and Collection) Act 1988).
418. The intention of subsection 7(3) is to prevent one person holding
more than one of the positions of Chief Executive Centrelink, Chief
Executive Medicare or Child Support Registrar at the same time.
419. The Secretary will not be eligible to be appointed as Chief
Executive Centrelink because the Secretary is not an APS employee
and therefore is not an SES employee within the meaning of section
34 of the PS Act.
420. Subsection (4) states that an instrument under paragraph (2)(a) is
not a legislative instrument. This instrument would not be a
legislative instrument within the meaning of section 5 of the
Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
421. Item 23 also inserts section 7A providing for the Secretary to
appoint an SES employee in the Department to act as the Chief
Executive Centrelink during a vacancy in the position of Chief
Executive Centrelink or during any period or during all periods
when the Chief Executive Centrelink is absent from duty or from
Australia or is, for any reason, unable to perform the duties of
the position. Subsection 7A(2) provides that a person who is, or
is acting as, either the Chief Executive Medicare or the Child
Support Registrar, may not be appointed to act as Chief Executive
Centrelink. Maintaining this separation of the persons carrying
out the functions of these different positions is consistent with
subsection 7(3).
422. The Secretary will not be eligible to be appointed to act as Chief
Executive Centrelink because the Secretary is not an APS employee
and therefore is not an SES employee within the meaning of section
34 of the PS Act.
423. Subsection 7A(3) provides that anything done by or in relation to a
person purporting to act under an appointment under subsection (1)
is not invalid merely because there was a defect or irregularity in
connection with the appointment or the appointment had ceased to
have effect or the occasion had not arisen or had ceased. This
provision is intended, as far as possible, to prevent technical
defects in relation to the appointment of a person to act in the
position of Chief Executive Centrelink from affecting the validity
of things done by or in relation to such a person.
Item 24 Subsection 8(1)
424. This item amends this provision by replacing a reference to "Chief
Executive Officer" with a reference to "Chief Executive
Centrelink".
425. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
Item 25 Paragraph 8(1)(a)
426. This item substitutes a reference to the "service delivery
functions" mentioned in the amended section 8A for the term
"service arrangements" which will no longer be used in the Act.
Item 26 Paragraph 8(1)(b)
427. This item amends this provision by replacing references to "Chief
Executive Officer" with references to "Chief Executive Centrelink
".
428. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
Item 26A After paragraph 8(1)(b)
429. This item inserts a new paragraph 8(1)(ba) that gives the Chief
Executive Centrelink any functions that are conferred on him or her
by regulations. This new power to confer additional functions on
the Chief Executive by regulations has been included to ensure
appropriate flexibility for the delivery of new programs and
initiatives. It also ensures that the mechanisms for conferring
functions on the Chief Executive Centrelink are the same as the
mechanisms for conferring functions on the Chief Executive
Medicare.
Item 27 Paragraph 8(1)(c)
430. This item repeals paragraph 8(1)(c). Under paragraph 8(1)(c) the
Minister could give the Chief Executive Officer additional
functions by issuing a direction in writing. This power is no
longer required because the Chief Executive Centrelink's service
delivery functions have been broadened (refer to the notes on new
section 8A, inserted by item 29).
Item 27A Subsection 8(2)
431. This item repeals subsection 8(2). This repeal is consequential on
the repeal of the power of the Minister to confer functions on the
Chief Executive under paragraph 8(1)(c).
Item 28 At the end of section 8
432. This item adds detailed provisions in subsections (3) to (15) to
avoid doubt about the effect of subsections (1) and (2) of section
5 in relation to issues referred to in the ANAO Audit Report No 39
2009-2010 "Medicare Australia's Administration of the
Pharmaceutical Benefits Scheme" at paras 2.54-2.65.
433. The delivery of services through Human Service portfolio agencies
has already involved the separation of the policy responsibility
for an Act - as determined by the allocation of administrative
responsibility for an Act through the Administrative Arrangements
Order (AAO) - from the day to day carrying out of particular
functions and the exercise of particular statutory powers to
deliver services and to carry out associated regulatory decision
making.
434. The intent of subsections (3) to (15) is to confirm that there is
to be flexibility in the structures and arrangements which
Government may adopt for delivery of services and for the exercise
of associated regulatory powers. Similar provisions are being
introduced into the Human Services (Medicare) Act 1973 as amended
by this Bill.
435. The options for service delivery and the exercise of associated
regulatory powers are to include the possibility of regulations
conferring the capacity to exercise statutory powers and to carry
out particular functions in the place of a primary holder of the
power or function without needing to distinguish powers from
functions and even if the primary holder of that power or function
is in another portfolio.
436. The intent of subsections (3) to (15) is to put beyond doubt that
such regulations give the Chief Executive Centrelink the capacity
to act in the place of the primary holder of that power. When
carrying out such functions and exercising such powers, the Chief
Executive Centrelink is not a delegate of the primary holder of the
function or power and is not an agent subject to direction by the
primary holder of the power.
437. Accountability for the carrying out of such functions and for the
exercise of such powers when conferred on the Chief Executive
Centrelink is through the Human Services Department.
Accountability for the policy of the legislation is through the
policy Department with AAO responsibility for the Act.
Item 29 Section 8A
New section 8A
438. This item repeals section 8A providing for written agreement
between the Chief Executive Officer and the principal officer of a
Commonwealth authority about the exercise or performance of the
Chief Executive Officer's powers or functions. A new provision
that is similar to section 8A is included as a new section 8B, also
inserted by this item.
439. This item inserts a new section 8A describing the Chief Executive
Centrelink's "service delivery functions".
440. The "service delivery function" under the old section 7 which is
repealed by this Bill was based on a purchaser provider approach to
service delivery.
441. There had been a widening of the Chief Executive Officer's
functions through Ministerial Directions including the Commonwealth
Services Delivery Agency Direction 2001, the Commonwealth Services
Delivery Agency (Functions of Chief Executive Officer - Call Centre
Services) Direction 2007, the Commonwealth Services Delivery Agency
(Functions of Chief Executive Officer) Direction 2009, the
Commonwealth Services Delivery Agency (Functions of Chief Executive
Officer - Commonwealth Services and Enabling Services) Direction
2010 and the Commonwealth Services Delivery Agency (Functions of
Chief Executive Officer - Management Services) Direction 2010.
This had resulted in a complex patchwork of bases for service
delivery.
442. The new section will provide a clear basis in the Act for the Chief
Executive Centrelink with the support of the Department to have
flexibility to continue existing areas of delivery of services,
benefits, programs and facilities and to take on new areas.
443. The new section no longer makes the "service delivery function"
depend on there being in place a service arrangement entered into
between the Chief Executive Officer and the principal officer of a
Commonwealth authority.
444. The new section also brings within the Chief Executive Centrelink's
service delivery function the provision of services, benefits,
programs and facilities on behalf of persons other than the
Commonwealth. This new aspect of the definition of "service
delivery function" provides a clear basis in the Act for the Chief
Executive Centrelink to coordinate service provision with State
Government agencies and non-government organisations.
445. This aspect of the function will be particularly important in times
of response to natural emergencies but is not limited to emergency
situations.
446. For constitutional reasons the service delivery function is limited
to providing services etc "for a purpose for which the Parliament
has power to make laws".
New section 8B
447. Item 29 also inserts a new section 8B that is based on the previous
section 8A. The new section 8B recognises that the Secretary of the
Human Services Department may enter into a written agreement with
the Secretary of another Department about the exercise or
performance of the Chief Executive Centrelink's functions. The
continued use of agreements will ensure that governance
arrangements are documented that reflect the respective roles of
the department responsible for the policy and outcomes of a program
and the department responsible for the delivery of the program.
448. It is the responsibility of the Secretary of Human Services (rather
than the Chief Executive Centrelink) to enter into agreements under
section 8B because the Secretary has overall management
responsibility for the Department of Human Services' operations.
Item 30 Sections 9, 10 and 11
449. This item repeals sections 9, 10 and 11.
450. Section 9 gave the Minister power to give directions to the Chief
Executive Officer about the exercise or performance of the Chief
Executive Officer's powers or functions and provided for the
reporting of such directions. With the abolition of the office of
Chief Executive Officer and the creation of a new office of Chief
Executive Centrelink within the Department, there is no need for
the Minister to be given an express power to direct the Chief
Executive Centrelink. The Chief Executive Centrelink will be
accountable through the Secretary to the Minister for the carrying
out of his or her functions. To that extent the Chief Executive
Centrelink will be subject to some Ministerial direction as an
employee of the Department.
451. In accordance with ordinary principles of administrative law, to
the extent that the functions of the Chief Executive Centrelink
involve the exercise of statutory powers which require the exercise
of independent discretion, the Chief Executive Centrelink will not
be subject to direction from the Minister or anyone else about the
exercise of that discretion.
452. Section 10 gave the Minister power to request from the Chief
Executive Officer information about the exercise or performance of
the Chief Executive Officer's powers or functions. This provision
is repealed because following the amendments brought in by this
Bill, the Chief Executive Centrelink will be an SES officer within
the Department. As such the Chief Executive Centrelink will be
accountable through the Secretary to the Minister and there will be
no need for an express power for the Minister to request
information.
453. Paragraph (1)(b) of section 10 gives the Minister power to request
from the Chief Executive Officer information about the operation of
Centrelink. This provision is repealed because it is redundant on
the abolition of Centrelink.
454. This item also repeals section 11 which relates to management of
Centrelink. This provision is repealed because it is redundant on
the abolition of Centrelink.
Item 31 Subsection 12(1)
455. This item amends subsection 12(1) which authorises delegation by
the Chief Executive of Officer of powers or functions to employees.
456. This item replaces references to "Chief Executive Officer" with
references to "Chief Executive Centrelink". This change is
consequential on the abolition of the statutory office of Chief
Executive Officer and the creation of a new statutory office of
Chief Executive Centrelink.
457. This item also replaces the reference in this subsection to "an
employee" with a reference to "a Departmental employee". This
change is consequential on the repeal of the definition of
"employee" and the insertion of a definition of "Departmental
employee".
458. Departmental employees who have been delegated functions by the
Chief Executive Centrelink may also be delegated functions by the
Chief Executive Medicare and the Child Support Registrar.
459. These changes are consistent with the integration of Centrelink
staff into the Department and with the objective that there should
not be any barrier to any of the employees of the integrated
Department assisting in carrying out the functions of the Chief
Executive Centrelink.
460. This item also removes this subsection's reference to delegation of
"powers". This reference will not be necessary following this
Bill's amendment of the definition of "function" to include power.
461. The power to delegate continues to not be limited to SES employees
because of the very wide range of functions (including powers) that
come within the functions of the Chief Executive Centrelink and
because of the large volume of exercises of powers and functions
that are carried out on a daily basis.
Item 32 After subsection 12(1)
462. This item inserts a new subsection 12(1A). The new subsection
confirms that the power to delegate in subsection 12(1) can be
exercised in relation to functions of the kind referred to in
subsections 8(3) or (10).
463. This new subsection is intended to avoid doubt about whether
functions of the kind referred to in subsections 8(3) or (10) can
be delegated by the Chief Executive Centrelink.
464. This issue was referred to in the ANAO Audit Report No 39 2009-2010
"Medicare Australia's Administration of the Pharmaceutical Benefits
Scheme" at para 2.62
Item 33 Subsection 12(2)
465. This item replaces the subsection 12(2) reference to "Chief
Executive Officer" with a reference to "Chief Executive
Centrelink". This change is consequential on the abolition of the
statutory office of Chief Executive Officer and the creation of a
new statutory office of Chief Executive Centrelink.
466. This item also removes this subsection's reference to powers. This
reference will not be necessary following this Bill's amendment of
the definition of "function" to include power.
Item 34 Subsection 12(3)
467. This item replaces the subsection 12(1) reference to "Chief
Executive Officer" with a reference to "Chief Executive
Centrelink." This change is consequential on the abolition of the
statutory office of Chief Executive Officer and the creation of a
new statutory office of Chief Executive Centrelink.
468. This item also removes this subsection's reference to powers. This
reference will not be necessary following this Bill's amendment of
the definition of "function" to include power.
Item 35 Subsection 12(4)
469. This item replaces the first reference in subsection 12(4) to
"Chief Executive Officer" with a reference to "Chief Executive
Centrelink". This change is consequential on the abolition of the
statutory office of Chief Executive Officer and the creation of a
new statutory office of Chief Executive Centrelink.
470. This item also removes this subsection's reference to powers. This
reference will not be necessary following this Bill's amendment of
the definition of "function" to include power.
Item 36 Subsection 12(4)
471. This item amends the subsection by replacing a reference to "Chief
Executive Officer" with a reference to "Chief Executive
Centrelink".
472. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
Item 37 At the end of section 12
473. This item adds a new subsection which provides that the Chief
Executive Centrelink must not delegate functions under subsection
(1) or (3) to a Departmental employee who is the Chief Executive
Medicare or the Child Support Registrar. This restriction is
consistent with the restrictions in sections 7 and 7A on who can be
appointed to be the Chief Executive Centrelink or who can be
appointed to act as Chief Executive Centrelink.
474. The Chief Executive Centrelink will not be able to delegate
functions to the Secretary of the Department because under the
terms of subsection 12(1) as amended by this Bill, delegations can
only be made to a "Departmental employee". The Secretary is not a
Departmental employee.
Item 38 After section 12
475. This item inserts new sections 13 to 16.
476. Sections 13 to 15 deal with the conferral of powers and functions
on the Chief Executive Centrelink by State and Territory laws.
These provisions are designed to ensure constitutional validity of
the conferral of functions or powers on the Chief Executive
Centrelink by, or by reference to, State and Territory laws.
477. Subsection 13(3) provides that the Chief Executive Centrelink
cannot exercise a power or perform a function under a law of a
State or Territory without the written approval of the Minister.
478. Section 16 provides that a Departmental employee may assist the
Chief Executive Centrelink in the performance of any of the
functions of the Chief Executive Centrelink. This provision
ensures that any Departmental employee can assist the Chief
Executive Centrelink in carrying out his or her functions. This is
part of the integration of service delivery through the Department.
Item 39 Division 2 of Part 3
479. This item repeals the provisions establishing the statutory office
of Chief Executive Officer and dealing with the appointment to that
office and matters incidental to that office.
Item 40 Part 4
480. This item repeals Part 4 which contains two sections - section 35
and section 37.
481. Section 35 declared the Chief Executive Officer and Centrelink's
employees as a statutory agency for purposes of the PS Act with the
Chief Executive Officer as the head of that agency. The repeal of
section 35 is required for the integration of Centrelink into the
Department.
482. Section 37 authorised the Chief Executive Officer to engage
consultants. Section 37 is being repealed because the statutory
office of Chief Executive Officer is being abolished and because
the engagement of consultants through the Department is subject to
general Commonwealth procedures and does not require express
statutory authorisation.
Item 41 Subsection 38(1)
483. This item amends the offence provisions which make it an offence -
subject to qualifications in subsections (2) and (3) - to make
particular uses of "protected name" or "protected symbol" by
replacing the requirement of written consent of the "Chief
Executive Officer" with a reference to the written consent of the
"Secretary". The office of Chief Executive Officer is being
abolished by this Bill. The substitution of a requirement for
consent of the Secretary rather than a requirement for consent of
the Chief Executive Centrelink is consistent with the integration
of Centrelink into the Department and with other amendments to
section 38 made by this Bill which indicate that section 38 is to
protect a range of activities of the Department including, but not
limited to, activities connected with the Chief Executive
Centrelink functions.
Items 42 and 43 Paragraph 38(1)(f), Subsections 38(2) and (3)
484. These items replace the references in these provisions to "the
protected symbol" with a reference to "a protected symbol". These
changes are consequential on the repeal by this Bill of the
previous subsection 38(4) definition of the term "protected symbol"
and the substitution of a new definition of "protected symbol"
under which there can be more than one protected symbol.
Item 44 Subsection 38(4) (definition of protected symbol)
485. This item repeals the subsection 38(4) definition of "protected
symbol" and substitutes a new definition. This definition is
relevant to the offence provisions in subsection (1) which make it
an offence to make certain uses of a protected symbol without the
written consent of the Secretary.
486. The definition being repealed had referred to the Agency's symbol
whose design is set out in the regulations. This Bill abolishes
the provisions which had established the Agency.
487. Paragraph (a) of the new definition brings with the definition a
symbol that is used, or for use, in connection with the performance
of any or all of the functions of the Chief Executive Centrelink
and the design of which is set out in regulations.
488. Paragraph (b) also brings within the definition a symbol that is
used, or for use, in connection with one or more services,
benefits, programs or facilities, where Departmental employees are
involved in the provision of those services, benefits, programs or
facilities and the design of which is set out in the regulations.
New subsections inserted in section 38 by item 46 further explain
the scope of paragraph (b).
Item 45 Subsection 38(4) (paragraph (c) of the definition of protection
time)
489. This item replaces the reference in this provision to "the
protected symbol" with a reference to "a protected symbol". This
change is consequential on the repeal by this Bill of the previous
subsection 38(4) definition of the term "protected symbol" and the
substitution of a new definition of "protected symbol" under which
there can be more than one protected symbol.
Item 46 At the end of section 38
490. This item adds subsections (5), (6) and (7) to section 38.
491. Subsection (5) relates to the definition of "protected name" in
subsection (4). Names which are within the definition of
"protected names" are subject to the offence provisions of
subsection (1). Under subsection (1) it is an offence (subject to
some qualifications set out in subsections (2) and (3)) for a
person to use a protected name in one of the ways set out in
subsection (1) without the written consent of the Secretary.
492. The new subsection (5) provides that to avoid doubt a name may be
prescribed by regulations made for the purposes of paragraph (b) of
the definition of "protected name" in subsection (4) even if the
name is not used, or for use, in connection with the performance of
any or all of the functions of the Chief Executive Centrelink. The
intention of subsection (5) is to prevent any suggestion that the
regulation-making power should be interpreted as being impliedly
limited by a requirement of some connection with the Chief
Executive Centrelink.
493. It is intended that the power to prescribe protected names be broad
so that any names associated with the activities of the Department
can be prescribed.
494. The new subsection (6) provides that, to avoid doubt, the design of
a symbol may be prescribed for the purposes of subparagraph (b) of
the definition of protected symbol in subsection (4) even if the
symbol is not used, or for use, in connection with the performance
of any or all of the functions of the Chief Executive Centrelink.
495. The intention of subsection (6) is to confirm that the power under
paragraph (4)(b) can be used to prescribe the design of a symbol
that is used, or for use, in connection with one or more services,
benefits, programs or facilities, where Departmental employees are
involved in the provision of those services, benefits, programs or
facilities regardless of whether those services have any connection
with the Chief Executive Centrelink.
496. The new subsection (7) provides that for the purposes of the new
subparagraph (b)(i) of the definition of "protected symbol" in
subsection (4), a person is taken to be involved in the provision
of services, benefits, programs or facilities if the person's
duties include:
(a) making payments in connection with the services, benefits,
programs or facilities; or
(b) making decisions in connection with the services,
benefits, programs or facilities; or
(c) collecting information in connection with the services,
benefits, programs or facilities; or
(d) providing information about the services, benefits,
programs or facilities.
Item 47 Section 39
497. This item amends the section by replacing a reference to "Chief
Executive Officer" with a reference to "Chief Executive
Centrelink".
498. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
Item 48 Section 40
499. This item repeals this section which had required the Chief
Executive Officer to provide an annual report to the Minister
500. This repeal is consequential on the abolition of Centrelink as a
separate statutory authority and on the abolition of the office of
Chief Executive Officer. The Secretary will report on the carrying
out of the functions of the Chief Executive Centrelink as part of
the annual report for the integrated Department in accordance with
section 63 of the PS Act.
501. This item also introduces new sections 40 and 40A.
Centrelink Programs
502. The new subsection 40(1) defines the term "centrelink programs" for
the purposes of a law of the Commonwealth as being - subject to
subsection (2):
a) services, benefits, programs or facilities, where:
(i) the Chief Executive Centrelink is; or
(ii) Departmental employees are;
involved in the provision of the services, benefits,
programs or facilities; or
b) services, benefits, programs or facilities specified in the
regulations.
503. The reference in paragraph (a) of subsection 40(1) to a person
being "involved in" the provision of services benefits, programs or
facilities is explained by subsection (3).
504. The definition of "centrelink programs" in subsection (1) is
qualified by subsection (2) which excludes from "centrelink
programs":
a) medicare programs;
b) services, benefits, programs or facilities that are provided
for under:
(i) the Child Support (Assessment) Act 1989; or
(ii) the Child Support (Registration and Collection) Act
1988.
505. The term "medicare program" is defined by a new definition being
inserted in section 3 by this Bill by reference to the meaning of
that term as in section 41G of the Human Services (Medicare) Act
1973 as amended by Schedule 1 of this Bill.
506. The definition of "centrelink program" inserted by section 40 is
expressed to be a definition for laws of the Commonwealth
generally. This term is used in this Bill's amendments of
provisions of other Acts including provisions dealing with
protected information and parties to Court and Tribunal
proceedings.
Multiple secrecy provisions
507. This item also inserts a new section 40A dealing with multiple
secrecy provisions. The intent of section 40A is to clarify and
simplify the circumstances in which the Secretary, the Chief
Executive Centrelink or a Departmental employee may disclose, use
or record information where the secrecy provisions of more than one
Act apply in relation to specific information about a specific
person, for example, a person's address. The provision makes clear
that, if a person has provided the same specific personal
information to the Department of Human Services for a number of
different programs to which different secrecy provisions apply, the
specific information can be dealt with in accordance with any of
the applicable secrecy provisions. Thus, for example, if a person
provides the Department of Human Services with their address for
the purposes of program "A" and program "B" and the secrecy
provisions covering program "A" permit the disclosure of the
person's address in specific circumstances, the information can be
disclosed in those circumstances even if the disclosure is not
authorised under the secrecy provisions covering program "B". This
is intended to replicate, as far as possible, the current situation
with the use and disclosure of information by the Department of
Human Services, Medicare Australia and Centrelink. For example,
where, a person has provided their address to both Medicare
Australia and Centrelink, in some specific situations it is
possible that Medicare Australia may be able to disclose the
address to another person, but Centrelink may be prevented by
secrecy provisions from disclosing the same information.
508. Section 40A applies to actions of the Chief Executive Centrelink or
a Departmental employee of disclosure, use or the making of a
record of, information. Subsection (3) defines "disclose" to mean
disclose, divulge or communicate.
509. Subsection 40A(2) provides that if:
a) particular information (the "protected information") is
subject to a regulatory regime under a "designated program
Act" (the "first program Act"); and
b) the protected information is also subject to a regulatory
regime under another designated program Act (the "second
program Act"); and
c) particular action can be taken in relation to the protected
information in particular circumstances without contravening
the second program Act;
then the taking of the action (disclosure, use or making a record)
in those circumstances is taken not to contravene the first program
Act. The section will only apply if the same specific information
about a person is held by the Department of Human Services under two
or more programs covered by different secrecy provisions.
510. The "designated program Acts" are the Acts listed in subsection
(3). These Acts are Acts which have provisions dealing with
aspects of disclosure, use or the making of a record of,
information which affect services benefits, programs or facilities
delivered by the Human Service portfolio agencies.
511. Additional Acts may become "designated program Acts" by being
prescribed in regulations. This power to prescribe additional Acts
is important to ensure that the multiple secrecy provision remains
current when new functions which require access to, and use of,
information that is protected by legislation, are conferred on the
Department of Human Services.
Part 2-Transitional provisions
512. The Items in Part 2 deal with transitional matters arising from the
amendments in Part 1 including matters arising from the abolition
of the statutory office of Chief Executive Officer of Centrelink
and from the abolition of Centrelink.
513. The provisions deal with matters internal to the Commonwealth in
relation to financial accountability and transfer of employees from
Centrelink to the Department. The general approach of these
provisions is to:
. attribute things done by, or in relation to, the Chief Executive
Officer as agency head to the Secretary;
. give effect to documents referring to the Chief Executive
Officer as agency head as if those references were references to
the Secretary; and
. give effect to documents referring to Centrelink as if those
references were references to the Department.
514. The transitional provisions also deal with the impact of the
integration on persons and entities outside the Human Services
portfolio. These transitional provisions are intended to ensure
that the integration of Centrelink into the Department does not
disrupt the delivery of services and does not have any adverse
impact on the rights of persons or entities who have existing
relationships with, or who are part way through, applications or
transactions involving the Chief Executive Officer or Centrelink.
The general approach of these transitional provisions is to:
. attribute acts done by, or in relation to, the Chief Executive
Officer to the Chief Executive Centrelink;
. attribute acts done by, or in relation to, Centrelink to the
Department;
. give effect to documents referring to the Chief Executive
Officer as if those references were references to the Chief
Executive Centrelink;
. give effect to documents referring to Centrelink as if those
references were references to the Department.
515. The transitional provisions also give the Minister power to modify
the operation of the general provisions by a declaration to:
. prevent particular transitional provisions applying to
particular acts or documents;
. attribute acts to the Secretary or the Chief Executive Medicare
instead of to the Chief Executive Centrelink; or
. attribute acts to the Chief Executive Centrelink or the Chief
Executive Medicare instead of to the Secretary.
516. The purpose of giving the Minister the power to make these
declarations is to:
. allow the Minister power to modify the operation of the
transitional provisions to deal with what otherwise could be
anomalous or inappropriate outcomes;
. give the Minister flexibility to modify the operation of the
transitional provisions to support and facilitate the
integration of service delivery in the Department.
517. Any modification of the general transitional provisions by
Ministerial declaration must be done by legislative instrument and
is, as such, subject to tabling and scrutiny.
518. The transitional provisions also deal with proceedings pending in
Courts and Tribunals where:
. the Chief Executive Officer is a party;
. Centrelink is a party;
. the Commonwealth is a party described as the Commonwealth
represented by the Chief Executive Officer;
. the Commonwealth is a party described as the Commonwealth
represented by Centrelink.
519. These provisions are drafted so as not to impinge on the powers of
the Courts and tribunals to make such orders as they consider
appropriate in relation to substitution of parties and/or changes
in description of parties.
Division 1 - Introduction
Item 49 Definitions
520. This item inserts definitions that apply in Part 2. The
significance of each of these definitions is explained below in
respect of the items in which the definition is first used.
Division 2 - Acts of the CEO etc
Item 50 Transitional-acts of the CEO under financial management and public
service legislation etc.
521. Subitem 50(1) identifies particular acts done by or in relation to
the "Chief Executive Officer" before the "transition time" to which
item 50 applies.
522. The term "transition time" is defined by item 49 as meaning "the
commencement of this Schedule". Under clause 2 of the Bill, this
Schedule (Schedule 2) commences 1 July 2011.
523. The term "Chief Executive Officer" is defined by item 49 as having
the same meaning as the term "Chief Executive Officer" within the
meaning of the Commonwealth Services Delivery Agency Act 1997 as in
force immediately before the transition time.
524. The acts to which this item applies are acts done by the Chief
Executive Officer, and acts done in relation to the Chief Executive
Officer, under or for the purposes of, any of:
a) the Financial Management and Accountability Act 1997 (FMA
Act); or
b) regulations under the FMA Act; or
c) Finance Minister's Orders under the FMA Act; or
d) the Public Service Act 1999 (PS Act); or
e) regulations under the PS Act.
525. Under subitem 50(2) after the transition time, an act to which item
50 applies has effect:
a) if done by the Chief Executive Officer before the transition
time as if it had been done by the Secretary; and
b) if done in relation to the Chief Executive Officer, as if it
had been done in relation to the Secretary.
526. Item 49 defines the term "the Secretary" as meaning the Secretary
of the Department.
527. Subitem 50(3) provides that the Minister may by legislative
instrument declare that subitem (2) does not apply in relation to a
specified act.
528. Subitem 50(4) authorises the Minister when making a declaration
under subitem (3) in relation to a specified act to make a
declaration by legislative instrument:
a) for an act done by the Chief Executive Officer before the
transition, that the act has effect after the transition time
as if it had been done by the Chief Executive Centrelink; and
b) for an act done in relation to the Chief Executive Officer
before the transition time, that the act has effect after the
transition time as if it had been in relation to the Chief
Executive Centrelink.
529. Subitems (3) and (4) enable the Minister to make declarations to
adjust the general effect of subitem 50(2) where appropriate to
avoid anomalous or inappropriate outcomes.
530. Subitem 50(5) provides that a declaration under subitem (3) or (4)
after the transition time takes effect at the transition time.
531. Subitem 50(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 51 Transitional-acts of the CEO under binding non-employment
agreements etc.
532. This item deals with the acts done before the transition time by,
or in relation to, the Chief Executive Officer under a binding non-
employment agreement. The term "binding non-employment agreement"
is defined by item 49 as meaning an agreement:
a) that is legally enforceable; and
b) to which the Commonwealth or the Chief Executive Officer is a
party; and
c) that does not contain any or all of the terms and conditions
of employment of one or more employees; and
d) that was entered into before the transition time.
533. Under subitem 51(2) after transition time an act which is covered
by this item has effect:
a) if done by the Chief Executive Officer before the transition
time as if it had been done by the Secretary; and
b) if done in relation to the Chief Executive Officer, as if it
had been done in relation to the Secretary.
534. Under subitem 51(3) the Minister may by legislative instrument
declare that subitem (2) does not apply in relation to a specified
act.
535. Subitem 51(4) authorises the Minister when making a declaration
under subitem (3) in relation to a specified act to make a
declaration by legislative instrument:
a) for an act done by the Chief Executive Officer before the
transition, that the act has effect after the transition time
as if it had been done by:
(i) the Chief Executive Centrelink; or
(ii) the Chief Executive Medicare.
b) for an act done in relation to the Chief Executive Officer
before the transition time, that the act has effect after the
transition time as if it had been done in relation to:
(i) the Chief Executive Centrelink; or
(ii) the Chief Executive Medicare.
536. Item 49 defines the term "Chief Executive Centrelink" as having the
same meaning as in the Human Services (Centrelink) Act 1997 as
amended by this Schedule (Schedule 2). The meaning of the term
under the amended Act is set out in item 6 by reference to new
section 7 inserted by this Bill.
537. Item 49 defines the term "Chief Executive Medicare" as having the
same meaning as in the Human Services (Medicare) Act 1973 as
amended by Schedule 1.
538. Subitem 51(5) provides that a declaration under subitem (3) or (4)
after the transition time takes effect at the transition time.
539. Subitem 50(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 52 Transitional-acts of the CEO under non-binding governmental
agreements etc.
540. This item deals with acts done by, or in relation to, the Chief
Executive Officer before the transition time under, or for the
purposes of, a "non-binding governmental agreement".
541. The term "non-binding governmental agreement" is defined by item 49
as meaning an agreement:
a) between Centrelink and a government body; and
b) that is not legally enforceable; and
c) that was entered into before the transition time.
542. The term "Centrelink" is defined by item 49 as meaning the
Commonwealth Services Delivery Agency (within the meaning of the
Commonwealth Services Delivery Agency Act 1997 as in force
immediately before the transition time). Under section 35 of the
CSDA Act in force before transition time, the Commonwealth Services
Delivery Agency comprises the Chief Executive Officer and the
employees. Accordingly, item 52 applies in relation to non-binding
governmental agreements whether entered into by the CEO or by the
staff of Centrelink.
543. The term "government body" is defined by item 49 as a department of
the Commonwealth, a State or a Territory or an agency, authority or
instrumentality of the Commonwealth, a State or a Territory.
544. The non-binding agreements which are subject to item 52 include
service arrangements entered into in accordance with section 7 of
the CSDA Act with the principal officers of Commonwealth
authorities and agreements about the performance of functions
entered into under section 8A of the CSDA Act before the amendment
of those sections by this Bill.
545. Under subitem 52(2) after transition time, if the act was done by
the Chief Executive Officer, it has effect as if it had been done
by the Chief Executive Centrelink and, if done in relation to the
Chief Executive Officer, it has effect as if it had been done in
relation to the Chief Executive Centrelink.
546. Under subitem 52(3) the Minister may by legislative instrument
declare that subitem (2) does not apply in relation to a specified
act.
547. Subitem 52(4) authorises the Minister when making a declaration
under subitem (3) in relation to a specified act to make any of the
following declarations by legislative instrument:
a) for an act done by the Chief Executive Officer before the
transition, that the act has effect after the transition time
as if it had been done by:
(i) the Secretary; or
(ii) the Chief Executive Medicare.
b) for an act done in relation to the Chief Executive Officer
before the transition time, that the act has effect after the
transition time as if it had been done in relation to:
(i) the Secretary; or
(ii) the Chief Executive Medicare.
548. The purpose of giving the Minister power to make declarations for
acts done by or in relation to the Chief Executive of Centrelink
under non-binding governmental agreements to be taken to have been
done by or in relation to the Secretary or the Chief Executive
Medicare is to allow flexibility in the integration of delivery of
services.
549. Subitem 52(5) provides that a declaration under subitem (3) or (4)
after the transition time takes effect at the transition time.
550. Subitem 52(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 53 Transitional-other acts of the CEO
551. This item deals with the transition in relation to an act which was
done by or in relation to the Chief Executive Officer before
transition and to which none of items 50, 51 or 52 applies.
552. Under subitem 53(2) after transition time, if the act was done by
the Chief Executive Officer, it has effect as if it had been done
by the Chief Executive Centrelink and, if done in relation to the
Chief Executive Officer, it has effect as if it had been done in
relation to the Chief Executive Centrelink.
553. Under subitem 53(3) the Minister may by legislative instrument
declare that subitem (2) does not apply in relation to a specified
act.
554. Subitem 53(4) authorises the Minister when making a declaration
under subitem (3) in relation to a specified act to make any of the
following declarations by legislative instrument:
a) for an act done by the Chief Executive Officer before the
transition, that the act has effect after the transition time
as if it had been done by:
(i) the Secretary; or
(ii) the Chief Executive Medicare.
b) for an act done in relation to the Chief Executive Officer
before the transition time, that the act has effect after the
transition time as if it had been done in relation to:
(i) the Secretary; or
(ii) the Chief Executive Medicare.
555. Subitem 53(5) provides that a declaration under subitem (3) or (4)
before or after the transition time takes effect at the transition
time.
556. Subitem 53(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 54 Transitional-documents lodged with Centrelink
557. The item applies to a document that was given to, or lodged with,
Centrelink before the transition time. In accordance with section
25 of the AIA, the reference to documents generally includes
documents lodged electronically.
558. Under subitem 55(2) any such document has effect as if it had been
given to, or lodged with the Department.
559. Under subitem 55(3) the Minister may, by legislative instrument,
declare that subitem (2) does not apply in relation to a specified
document.
560. Under subitem 55(4) at the same as making a declaration under
subitem (3) the Minister may also declare by legislative instrument
that after transition time the document has effect as if given to
or lodged with the Chief Executive Centrelink or as if given to or
lodged with the Chief Executive Medicare.
561. Subitems 55(3) and (4) are intended to give the Minister power to
adapt the general operation of subitem 55(2) to avoid anomalous or
inappropriate outcomes in relation to particular categories of
documents.
562. Subitem 55(5) provides that a declaration under subitem (3) or (4)
after the transition time takes effect at the transition time.
563. Subitem 55(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 55 Transitional-other acts done in relation to Centrelink etc.
564. This item applies to an act done in relation to Centrelink before
the transition time which is not covered by item 54.
565. Under subitem 55(2) the act has effect as if it had been done in
relation to the Department.
566. Under subitem 55(3), the Minister may, by legislative instrument,
declare that subitem (2) does not apply in relation to a specified
act. Under subitem 55(4) when the Minister makes a declaration
under subitem (3) in relation to a specified act, the Minister may
at the same time, by legislative instrument, make a declaration
that the act has effect, after the transition time, as if it had
been done in relation to the Chief Executive Centrelink or as if it
had been done in relation to the Chief Executive Medicare.
567. Subitems (3) and (4) give the Minister flexibility to modify the
operation of subitem 55(2) to avoid anomalous or inappropriate
outcomes.
568. Subitem 55(5) provides that a declaration made under subitem (3) or
(4) after the transition time takes effect at the transition time.
569. Subitem 55(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
Item 56 Transitional-acts done by employees of Centrelink under
Commonwealth laws etc.
570. This item applies to an act done by, or in relation to, an employee
of Medicare Australia before the transition time under a law of the
Commonwealth.
571. Under subitem 56(2) such an act has effect after transition time as
if it had been done by, or in relation to, a Departmental employee.
"Departmental employee" is defined in item 49 to have the same
meaning as in the Human Services (Centrelink) Act 1997 as amended
by this Schedule.
572. Under subitem 56(3) the Minister may by legislative instrument
declare that subitem 56(2) does not apply to a specified act.
573. Subitem 56(4) provides that a declaration made under subitem (3)
after the transition time takes effect at the transition time.
574. Subitem 56(5) provides that a declaration under subitem (3) before
the transition time, in accordance with section 4 of the AIA, takes
effect at the transition time.
Item 57 Variation or revocation of instruments etc.
575. This item repeals the definition of "CEO" by reference to the CSDA
Act because this Bill abolishes that position. The term will no
longer be used in the Act.
Item 57A Division 2 of Part 2 of Schedule 2 does not apply to
making of lapsed instruments
576. This item ensures that certain instruments made before the
transition time under provisions of the Commonwealth Services
Delivery Agency Act 1997 that have been repealed by the Bill are
not continued by the transitional provisions.
577. In particular, the following instruments will not be continued by a
transitional provision:
a) service arrangements agreed between the Chief Executive
Officer and the principal officer of a Commonwealth authority
under section 7(1);
b) directions conferring functions on the Chief Executive
Officer under section 8(1)(c);
c) Ministerial directions to the Chief Executive Officer about
the exercise or performance of powers or functions under
section 9;
d) requests from the Minister for information from the Chief
Executive Officer under section 10; and
e) instruments made under Division 2 of Part 3 of the
Commonwealth Services Delivery Agency Act 1997 (such as
instruments appointing the Chief Executive Officer, granting
a leave of absence and setting out terms and conditions).
578. Item 57A is included for the avoidance of doubt.
Division 3 - Translation of references in documents
Item 58 Transitional-translation of references in binding non-employment
agreements
579. This item applies to any binding non-employment agreement which was
in force immediately before the transition time. Under subitem
58(2) after transition time the agreement has effect as if:
a) a reference (if any) in the agreement to the Commonwealth of
Australia represented by the Chief Executive Officer of
Centrelink were a reference to the Commonwealth of Australia
represented by the Department; and
b) a reference (if any) in the agreement to the Chief Executive
Officer (other than a reference covered by paragraph (a))
were a reference to the Secretary; and
c) a reference (if any) in the agreement to Centrelink were a
reference to the Department.
580. These provisions allow these agreements to continue to operate
effectively despite the abolition of the statutory office of the
Chief Executive Officer of Centrelink and the integration of
Centrelink into the Department.
581. Under subitem 58(3) the Minister may, by legislative instrument,
declare that any or all of the paragraphs of subitem (2) do not
apply in relation to a specified agreement.
582. Under subitem 58(4) when the Minister makes a declaration under
subitem (3) in relation to a specified agreement, the Minister may
at the same time, by legislative instrument, make a declaration
that after transition time, the agreement has effect as if a
reference (if any) in the agreement to the Chief Executive Officer
(other than a reference covered by paragraph (a)) were a reference
to the Chief Executive Centrelink or to the Chief Executive
Medicare.
583. Subitems (3) and (4) give the Minister flexibility to modify the
operation of subitem 58(2) to avoid anomalous or inappropriate
outcomes.
584. Subitem 58(5) provides that a declaration made under subitem (3) or
(4) after the transition time takes effect at the transition time.
585. Subitem 58(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
586. For the avoidance of doubt, subitem 58(7) provides that this item
does not, by implication, prevent the agreement from being varied,
amended or revoked after the transition time.
Item 59 Transitional-translation of references in non-binding governmental
agreements
587. This item applies to any non-binding governmental agreement which
was in force immediately before the transition time. Under subitem
59(2) after transition time the agreement has effect as if:
a) a reference (if any) in the agreement to the Commonwealth of
Australia represented by the Chief Executive Officer were a
reference to the Commonwealth of Australia represented by the
Department; and
b) a reference (if any) in the agreement to the Chief Executive
Officer (other than a reference covered by paragraph (a))
were a reference to the Chief Executive Centrelink; and
c) a reference (if any) in the agreement to Centrelink were a
reference to the Department.
588. These changes allow these agreements to continue to operate
effectively despite the abolition of the statutory office of the
Chief Executive Officer of Centrelink and the integration of
Centrelink into the Department.
589. Under subitem 59(3) the Minister may, by legislative instrument,
make a declaration that any of the paragraphs of subitem (2) do not
apply to a specified agreement. Under subitem 59(4) when the
Minister makes a declaration under subitem (3) in relation to a
specified agreement, the Minister may at the same time, by
legislative instrument, make a declaration that after transition
time, the agreement has effect as if a reference (if any) in the
agreement to the Chief Executive Officer (other than a reference
covered by paragraph (a)) were a reference to the Secretary or to
the Chief Executive Medicare.
590. Subitems (3) and (4) give the Minister flexibility to modify the
operation of subitem 59(2) to avoid anomalous or inappropriate
outcomes.
591. Subitem 59(5) provides that a declaration made under subitem (3) or
(4) after the transition time takes effect at the transition time.
592. Subitem 59(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
593. For the avoidance of doubt, subitem 59(7) provides that this item
does not, by implication, prevent the agreement from being varied,
amended or revoked after the transition time.
Item 60 Transitional-translation of references in other instruments
594. This item applies to an instrument which is not covered by item 58
or by item 59 and which was in force immediately before the
transition time. In this item, the definition of instrument
includes:
(a) a contract, deed, undertaking or agreement; and
(b) a notice, authority, order or instruction; and
(c) an instrument made under an Act or under regulations;
but does not include an Act. This is a broad definition but under
subitem 60(1), item 60 only applies to an instrument which is not
covered by item 58 or item 59.
595. Under subitem 60(2) after transition time the instrument has effect
as if a reference (if any) in the instrument to Chief Executive
Officer were a reference to the Chief Executive Centrelink and as
if a reference (if any) to Centrelink were a reference to the
Department. These changes allow such instruments to continue to
operate despite the abolition of the office of Chief Executive
Officer of Centrelink and the integration of Centrelink into the
Department.
596. Under subitem 60(3) the Minister may, by legislative instrument
declare that subitem (2)'s provisions in relation to references to
Chief Executive Officer and Centrelink do not apply in relation to
a specified instrument.
597. Under subitem 60(4) when the Minister makes a declaration under
subitem (3) in relation to a specified instrument, the Minister may
at the same time, by legislative instrument, make a declaration
that after transition time, the instrument has effect as if a
reference (if any) in the instrument to the Chief Executive Officer
were a reference to the Secretary or to the Chief Executive
Medicare.
598. Subitem 60(5) provides that a declaration made under subitem (3) or
(4) after the transition time takes effect at the transition time.
599. Subitem 60(6) provides that a declaration under subitem (3) or (4)
before the transition time, in accordance with section 4 of the
AIA, takes effect at the transition time.
600. For the avoidance of doubt, subitem 60(7) provides that this item
does not, by implication, prevent the instrument from being varied,
amended or revoked after the transition time.
Item 60A Division 3 of Part 2 of Schedule 2 does not apply to lapsed
instruments
601. This item applies to certain instruments made before the transition
time under provisions of the Commonwealth Services Delivery Agency
Act 1997 that have been repealed by the Bill. These instruments are
not continued by the transitional provisions (refer to the notes to
item 57A) and accordingly it is not necessary to translate the
references in these lapsed instruments to new references.
602. Item 60A is included for the avoidance of doubt.
Division 3A - Agreements about the performance of the CEO's
functions
Item 60B Transitional - agreements with Secretaries about the performance
of the CEO's functions
603. This item applies to agreements that were made under section 8A of
the Commonwealth Services Delivery Agency Act 1997 before the
transition time between the Chief Executive Officer and the
Secretary of a Department (other than the Human Services
Department) that were in force immediately before the transition
time.
604. Subitem 60B(2) continues these agreements as if they had been made
under section 8B of the Human Services (Centrelink) Act 1997, as
amended by this Schedule and as if the agreement had been made
between the Secretary of the Human Services Department and the
Secretary of the other Department. In addition, where there are
references in the agreement to the functions of the Chief Executive
Officer, subitem 60B(2) translates those references to be
references to the functions of the Chief Executive Centrelink.
605. Under subitem 60B(3) the Minister may, by legislative instrument
declare that subitem (2)'s provisions do not apply in relation to a
specified agreement.
606. Subitem 60B(4) provides that a declaration made under subitem (3)
after the transition time takes effect at the transition time.
607. Subitem 60B(5) provides that a declaration under subitem (3) before
the transition time, in accordance with section 4 of the AIA, takes
effect at the transition time.
608. For the avoidance of doubt, subitem 60B(6) provides that this item
does not, by implication, prevent the instrument from being varied,
amended or revoked after the transition time.
609. Subitem 60B(7) sets out three definitions.
a) Function is defined to include power.
b) Human Services Department is defined as the Department
administered by the Human Services Minister.
c) Human Services Minister is defined as the Minister
administering the Human Services (Centrelink) Act 1997 as
amended by this Schedule.
Item 60C Transitional - other agreements about the performance of the CEO's
functions
610. This item applies to an agreement:
d) that was made under section 8A of the Commonwealth Services
Delivery Agency Act 1997 as in force before the transition
time;
e) that was in force immediately before the transition time; and
f) where section 60B(1) does not apply to the agreement.
611. Subitem 60C(2) provides that agreements covered by item 60C cease
to have effect at the transition time.
612. Agreements that are intended to fall within item 60C include
agreements between the Chief Executive Officer and a Minister or
between the Chief Executive Officer and the head of a statutory
agency. To the extent that any of these types of agreements need to
be continued, they will be remade at or after the transition time.
Item 60D Division 3A prevails over Divisions 2 and 3
613. Item 60D provides that Divisions 2 and 3 of Part 2 (Transitional
Provisions) of Schedule 2 (Amendment of the Commonwealth Services
Delivery Agency Act 1997 have no effect to the extent that they are
inconsistent with Division 3A.
Division 4 - Proceedings in courts and tribunals
Item 61 Transitional-administrative law proceedings
614. This item applies to proceedings to which the Chief Executive
Officer is a party and which are pending immediately before the
transition time in:
(c) in the Administrative Appeals Tribunal; or
(d) in the Social Security Appeals Tribunal; or
(e) in a court under the Administrative Decisions (Judicial
Review) Act 1977;
(f) in a court or tribunal in relation to the review
(otherwise than under the Administrative Decisions (Judicial
Review) Act 1977) of:
(i) a decision; or
(ii) conduct engaged in for the purpose of making a
decision; or
(iii) a failure to make a decision.
615. Subitem (2) substitutes the Chief Executive Centrelink as a party
to the proceeding. This provision enables the effective
continuation of the pending proceedings despite the abolition of
the position of Chief Executive Officer.
616. Subitem (3) provides that where the court or tribunal considers it
to be in the interests of the administration of justice to do so,
the court or tribunal may by order determine that subitem (2) does
not apply in relation to the proceedings and that a person
specified in the order be substituted as a party to the
proceedings.
Item 62 Transitional-other proceedings in courts or tribunals
617. This item applies to proceedings pending immediately before the
transition time in which a party to the proceedings is described as
the Commonwealth represented by the Chief Executive Officer.
Subitem (2) provides that after transition time, the party is to be
described as the Commonwealth represented by the Chief Executive
Centrelink.
618. Subitem (3) provides that if the court or tribunal considers it is
in the interests of justice to do so, the court or tribunal may
order that subitem (2) does not apply and order how the party is to
be described.
Item 63 Transitional-other proceedings to which the CEO or Centrelink is a
party
619. This item applies to proceedings pending immediately before the
transition time which are not subject to item 61 and in which a
party to the proceedings is the Chief Executive Officer or
Centrelink.
620. Subitem (2) gives the court or tribunal power to order that after
transition time another person be substituted as a party to the
proceedings.
Item 64 Transitional-other proceedings to which the Commonwealth
represented by Centrelink is a party
621. This item applies to proceedings pending immediately before the
transition time if a party to the proceedings is described as the
Commonwealth of Australia represented by Centrelink. Subitem (2)
gives the court or tribunal power to order that the party is to be
described in the manner specified in the order.
Item 65 Other powers of courts and tribunals unaffected
622. This item provides that the powers conferred on a court or tribunal
under this Division are in addition to, and not instead of, any
other powers of the court or tribunal.
Division 5 - Employees
623. The items in Division 5 deal with transitional matters arising from
the movement of employees from Centrelink to the Department. It is
intended that a single enterprise agreement will be negotiated for
all Department employees to take effect from the transition date.
If a single enterprise agreement is not successfully negotiated
before the transition date, the Centrelink Agreement 2009-2011 will
cover the Department and the transferring Centrelink employee in
relation to Department work until a single enterprise agreement is
successfully negotiated.
624. If a person becomes a new employee, as defined by subitem 67(6),
before a single enterprise agreement is successfully negotiated,
the Secretary may determine that the Centrelink Agreement 2009-2011
or the Medicare Australia Collective Agreement 2008-2011 or the
Medicare Australia (Medical Officers) Collective Agreement 2008-
2011 applies to the new employee until a single enterprise
agreement is successfully negotiated.
Item 66 Transitional-movement of employees from Centrelink to the
Department
625. This item states that the movement of APS employees from Centrelink
to the Department is to be in accordance with a determination under
the machinery of government provision in section 72 of the PS Act.
Item 67 Transitional-employment agreements and determinations
626. This item deals with the transitional arrangements for transferring
employees. Subitem 67(1) defines a "transferring employee" as a
person who was an APS employee immediately before the transition
time and is covered by a machinery of government determination
under section 72 of the PS Act which causes the person at
transition time to become an employee in the Department.
627. If a person is a transferring employee (other than an SES employee)
and immediately before the transition time the person's employment
in Centrelink was covered by a "designated agreement", then the
detailed provisions in subitem (2) dealing with the operation of
the designated agreement from the transition time apply in relation
to the transferring employee's work in the Department.
628. Subitem (11) defines "designated agreement" as the Centrelink
Agreement 2009-2011 or an enterprise agreement (as defined under
the Fair Work Act 2009).
Transferring non-SES employees covered by a designated agreement
629. If subitem (2) applies then:
g) Under paragraph (c) the designated agreement (as in force
immediately before the transition time) covers the
Commonwealth and the transferring employee in relation to the
Department work (as defined in subitem (11) to mean work
performed after transition by the employee in the
Department).
h) Under paragraph (d) no other enterprise agreement, modern
award or award-based transitional instrument covers the
transferring employee while the designated agreement covers
the Commonwealth and the transferring employee. The term
"award-based transitional instrument" is defined by subitem
(11) as having the same meaning as in Schedule 2 to the Fair
Work (Transitional Provisions and Consequential Amendments)
Act 2009. Under subitem (11) the term "modern award" has the
same meaning as in the Fair Work Act 2009.
i) Under paragraph (e) the designated agreement has effect after
the transition time as if it had been made with the Secretary
on behalf of the Commonwealth.
j) Under paragraph (f) if the transferring employee becomes an
SES employee after the transition time - paragraphs (c), (d)
and (e) cease to apply in relation to the transferring
employee.
k) Under paragraph (g), if an enterprise agreement is made after
the transition time by the Secretary on behalf of the
Commonwealth - and apart from paragraphs (c), (d) and (e),
the enterprise agreement covers the Commonwealth and the
transferring employee, then paragraphs (c), (d) and (e) cease
to apply to the transferring employee when the enterprise
agreement commences. (Subitem (8) provides that paragraph
(g) has effect subject to section 58 of the Fair Work Act
2009. Section 58 of that Act generally requires that only
one enterprise agreement can apply to an employee at a
particular time.)
Transferring employees covered by an individual agreement
630. Under subitem (3) if a transferring employee's employment in
Centrelink was covered immediately before the transition time by an
individual agreement-based transitional instrument, then that
agreement, has effect after the transition time, in relation to the
transferring employee's Department work, as if it had been made
with the Secretary on behalf of the Commonwealth. This provision
is consequential on the abolition of Centrelink.
631. Under subitem (11) for item 67, the term individual agreement-based
transitional instrument has the same meaning as in Schedule 2 to
the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009.
632. Subitem (3) in effect preserves the transferring employee's
position under the individual agreement-based transitional
instrument after transition. However, the coverage of the employee
under the agreement after transition may cease in accordance with
subitem (4).
633. Subitem (4) sets out procedures for shifting transferring employees
covered by an individual agreement-based transitional instrument to
coverage after transition by a designated agreement. Subitem (4)
provides for that shift to occur during a period (the cessation
time):
l) beginning at transition time; and
m) ending immediately before the commencement of an enterprise
agreement made after the transition time by the Secretary on
behalf of the Commonwealth, where (apart from the individual
agreement-based transitional instrument) the enterprise
agreement covers the Commonwealth and the transferring
employee in relation to Department work.
634. Under paragraphs (d), (e) and (f) of subitem (4) if during the
cessation time there is a designated agreement covering the
Commonwealth under subitem (2) which was made before the transition
time, then the Secretary, may by written notice to the transferring
employee, determine that the designated agreement is applicable to
the transferring employee for the purposes of subitem (4). The
notice may be given by the Secretary before, or within 14 days
after, the cessation time and takes effect from the cessation time.
635. Subitem (10) states that a determination by the Secretary under
these provisions is not a legislative instrument. The instrument
would not be a legislative instrument within the meaning of section
5 of the Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
636. If the Secretary gives a notice to an employee then the employee is
subject to the same coverage with the same qualifications
(including section 58 of the Fair Work Act 2009) as applies to
other transferring employees under subitem (2).
Transferring employees whose employment is covered by a
determination under subsection 24(1) of the Public Service Act
637. Subitem (5) applies if a person is a transferring employee; and
immediately before the transition time, the person's employment in
Centrelink was covered by a determination under subsection 24(1) of
the PS Act.
638. Under subsection 24(1) of the PS Act an Agency Head may make
determinations of remuneration and other terms and conditions of
employees. Under subsection 24(2), the power in subsection (1) may
not be used to reduce the benefit to an employee of a term or
condition under certain industrial instruments.
639. If subitem (5) applies, then the determination (to the extent to
which it relates to the person) has effect after the transition
time, in relation to the transferring employee's Department work,
as if the determination had been made by the Secretary; and the
determination were applicable to the person's employment in the
Department.
640. Paragraph (d) of subitem (5) declares that the effect which subitem
(5) gives to such determinations does not prevent the variation or
revocation of the determination.
641. Subitem (5) is intended to preserve the benefit of any subsection
24(1) PS Act determinations which have been made in relation to
transferring employees subject to the possibility of variation or
revocation of any such determinations in accordance with the PS
Act.
New employees
642. Subitem (7) applies in relation to "new employees" defined in
subitem (6) as a person who is an APS employee (other than an SES
employee) in the Department and who is not a transferring employee
(as defined in subitem (1)). If:
n) a designated agreement covers the Commonwealth because of
subitem (2); and
o) the designated agreement was made before the transition time;
and
p) after the transition time, a person becomes a new employee;
then under paragraph (d) the Secretary, may by written notice given
to the new employee, determine that the designated agreement is
applicable to the new employee for the purposes of this subitem.
The notice may be given by the Secretary before, or within 14 days
after, the person becomes a new employee and takes effect from the
time a person becomes a new employee.
643. Subitem (10) states that a determination by the Secretary under
these provisions is not a legislative instrument. The instrument
would not be a legislative instrument within the meaning of section
5 of the Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
644. If the Secretary gives a notice to an employee, then the employee
is subject to the same coverage under the designated agreement with
the same qualifications (including section 58 of the Fair Work Act
2009) as apply to transferring employees under subitem (2).
Section 58 of the Fair Work Act 2009
645. This provision qualifies the operation of subitems (2), (4) and (7)
by declaring that any shift to an enterprise agreement is subject
to section 58 of the Fair Work Act 2009 which generally requires
that only one enterprise agreement can apply to an employee at a
particular time.
Delegation
646. Subitem (9) authorises the Secretary to delegate the power to make
determinations by giving notices under subitems (4) and (7) to an
SES employee in the Department. It is appropriate for the
Secretary to be able to delegate this power given the size of the
workforce involved.
Legislative Instrument
647. Subitem (10) declares that the determinations which the Secretary
is authorised to give under subitems (4) and (7) are not
legislative instruments. These instruments would not be
legislative instruments within the meaning of section 5 of the
Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
Definitions
648. Subitem (11) sets out the definition of terms used in item 67.
Each of these definitions has been referred to above in the
explanation of the first provision of item 67 to use the defined
term.
Item 68 This Division prevails over Divisions 2 and 3
649. This item provides that Division 2 and 3 have no effect to the
extent if any to which they are inconsistent with this Division.
Division 6 - Miscellaneous
Item 69 Transitional-transfer of appropriated money
650. This item provides that in Appropriation Acts for the financial
year beginning 1 July 2010 or earlier financial years references to
Centrelink are to be read as references to the Department.
651. This is consistent with the integration of Centrelink into the
Department.
Item 70 Transitional-responsibility for Commonwealth resources
652. This item transfers to the Secretary at transition time
responsibility under the Financial Management and Accountability
Act 1997 for any Commonwealth resources for which the Chief
Executive Officer was responsible immediately before the transition
time.
Item 71 Transitional-final annual report
653. This provision provides that despite amendments of section 40 of
the CSDA Act made by this Schedule, that section continues to
apply, in relation to the report for the financial year beginning
on 1 July 2010, as if those amendments had not been made.
654. However, the reporting obligation is imposed on the Secretary
instead of the Chief Executive Officer. It is intended that the
Secretary could provide a single consolidated annual report for the
financial year beginning 1 July 2010 to meet:
. the Secretary's obligation to provide the report required by
item 71;
. the Secretary's obligation to provide a similar report in
relation to the performance of the functions and powers of the
Chief Executive Officer of Medicare Australia and on the
operations of Medicare Australia for the financial year
beginning 1 July 2010 in accordance with transitional provisions
in relation to Medicare Australia being introduced by this Bill;
and
. the Secretary's direct obligations to provide an annual report
in accordance with section 63 of the PS Act in relation to the
Department for the financial year beginning 1 July 2010.
Item 72 Transitional-other reporting requirements
655. This item imposes on the Secretary any obligation under a law of
the Commonwealth which, if this Schedule had not been enacted,
would have applied to the Chief Executive after the transition time
to prepare a report to give to another person in relation to
Centrelink relating either to the financial year beginning 1 July
2010 or to a period that ends on or before 30 June 2011.
Item 73 Transitional-transfer of records to the Department
656. This item transfers any records or documents that were in
possession of the Chief Executive Officer or Centrelink immediately
before the transition time to the Department.
Item 74 Transitional-subsections 8(10) to (14) of the Human Services
(Centrelink) Act 1997
657. This item has been included to avoid any doubt about the validity
of directions under section 8(1)(c) of the Commonwealth Services
Delivery Agency Act 1997 made before the transition time. Section
8(1)(c) is repealed by item 27.
Item 75 Transitional - regulations setting out protected symbol
658. Item 75 applies to regulations that were made for the purposes of
the definition of "protected symbol" in subsection 38(4) of the
Commonwealth Services Delivery Act 1997 and were in force
immediately before the transition time. Under subsection (2), the
regulations have effect after the transition time as if they had
been made for the purposes of subsection 38(4)(a)(ii) of the Human
Services (Centrelink) Act 1997.
659. Item 75 has the effect that any symbols that are currently
protected will continue to be protected after the transition time.
Schedule 3-Amendment of the Child Support (Registration and Collection)
Act 1988
Child Support (Registration and Collection) Act 1988
Item 1 Subsection 4(1) (definition of CEO)
660. This item repeals the definition of "CEO" by reference to the CSDA
Act because this Bill abolishes that position. The term will no
longer be used in the Act.
Item 2 Subsection 4(1)
661. This item inserts a new definition of Chief Executive Centrelink by
reference to the Human Services (Centrelink) Act 1997 as amended
and renamed by Schedule 2 of this Bill.
662. This repeal is consequential on the creation by this Bill of a new
statutory office of Chief Executive Centrelink.
Item 3 Subsection 4(1)
663. This item inserts a new definition of Chief Executive Medicare by
reference to the Human Services (Medicare) Act 1973 as amended and
renamed by Schedule 1 of this Bill.
664. This repeal is consequential on the creation by this Bill of a new
statutory office of Chief Executive Medicare.
Item 4 Subsection 4(1) (definition of employee)
665. This item amends this definition by deleting the first paragraph
defining the term "employee" when used in the Act in relation to
the Commonwealth Services Delivery Agency (Centrelink). This
deletion is consequential on the abolition of Centrelink by this
Bill.
Item 5 Subsection 4(1)
666. This item inserts a definition of the term "medicare program" by
reference to the Human Services (Medicare) Act 1973 as amended and
renamed by this Bill. Medicare program is used in this Act in
relation to the communication of protected information (see the
notes to item 11 of Schedule 3 for more detail).
Item 6 Subsection 4(1) (definition of service arrangements)
667. This item repeals the definition which refers to the meaning of
that term in the CSDA Act. This repeal is consequential on this
Bill's repeal of that term in that Act.
668. The term will no longer be used in the Act.
Item 7 Subsection 4(1) (definition of Services Delivery Agency)
669. This item repeals the definition which referred to the Commonwealth
Services Delivery Agency established by the CSDA Act. This repeal
is consequential on this Bill's repeal of the provisions in that
Act which established that Agency (Centrelink).
Item 8 Subsection 10(2)
670. This item repeals subsection 10(2) dealing with the position of the
Child Support Registrar. This item substitutes new subsections
(2), (3) and (4).
671. Under the new subsection (2) the Child Support Registrar is to be a
person who is an SES employee in the Department and is specified in
a written instrument made by the Secretary.
672. Subsection 10(3) provides that an SES employee must not be
specified in an instrument under subsection 10(2) if the person is,
or is acting as, either the Chief Executive Centrelink or the Chief
Executive Medicare.
673. The intention of subsection 10(3) is to prevent one person holding
more than one of the positions of Chief Executive Medicare, Chief
Executive Centrelink and Child Support Registrar at the same time.
This Bill introduces similar limitations in the provisions dealing
with appointment of the Chief Executive Centrelink and the Chief
Executive Medicare.
674. The Secretary will not be eligible to be appointed as the Child
Support Registrar because the Secretary is not an APS employee and
therefore is not an SES employee within the meaning of section 34
of the PS Act.
675. Subsection (4) states that an instrument under subsection (2) is
not a legislative instrument. The instrument would not be a
legislative instrument within the meaning of section 5 of the
Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
Item 9 After Section 10
676. This item inserts a new section 10A providing for the Secretary to
appoint an SES employee in the Department to act as the Child
Support Registrar during a vacancy in the position of Child Support
Registrar or during any period or during all periods when the Child
Support Registrar is absent from duty or from Australia or is, for
any reason, unable to perform the duties of the position. Section
10A provides that a person who is, or is acting as, either the
Chief Executive Centrelink or the Chief Executive Medicare, may not
be appointed to act as Child Support Registrar. Maintaining this
separation of the persons carrying out the functions of these
different positions is consistent with subsection 10(3).
677. This Bill introduces similar limitations in the provisions dealing
with who can be appointed to act as the Chief Executive Centrelink
or the Chief Executive Medicare.
678. Subsection 10A(3) provides that anything done by or in relation to
a person purporting to act under an appointment under subsection
(1) is not invalid merely because there was a defect or
irregularity in connection with the appointment or the appointment
had ceased to have effect or the occasion had not arisen or had
ceased. This provision is intended, as far as possible, to prevent
technical defects in relation to the appointment of a person to act
in the position of Child Support Registrar from affecting the
validity of things done by or in relation to such a person.
Item 10 Subsection 15(1A)
679. This item repeals subsection 15(1A) which currently authorises the
Child Support Registrar to delegate his or her powers or functions
under this Act to the "CEO" or "an employee of the Services
Delivery Agency". "CEO" and "an employee of the Services Delivery
Agency" were defined terms.
680. This item substitutes a new subsection 15(1A) which authorises the
Child Support Registrar to delegate all or any of his or her powers
or functions to the Chief Executive Centrelink. This change is
consequential on this Bill's abolition of the office of Chief
Executive Officer (Centrelink) and the establishment of a new
position in the Department of Chief Executive Centrelink.
681. The repealed subsection 15(1A) authorised delegation to employees
of "the Services Delivery Agency" (Centrelink). That aspect of the
repeal of subsection 15(1A) is consequential on this Bill's repeal
of the provisions which established Centrelink as a separate
agency. There is no need for the new subsection 15(1A) to deal
with delegation to Departmental employees because subsection (1)
already authorises delegation to "an officer or employee of the
Department."
Item 11 Paragraphs 16(3)(ba) and (bb)
682. Subsection 16(2) makes it an offence for a person to whom the
section applies to make a record of, or to communicate to a person,
any "protected information". The term "protected information" is
defined by subsection (1) as information that concerns a person and
is disclosed to or obtained by another person in the course of, or
because of, the other person's duties under or in relation to this
Act or such information which is communicated to another person in
accordance with section 16.
683. The provisions in section 16 which qualify the general prohibition
on making a record or communicating information include under
subsection (3) provisions that subsection (2) does not prevent the
Registrar, or a person authorised by the Registrar, from
communicating any protected information:
. under paragraph (ba) - to the CEO or an employee of the Services
Delivery Agency, for the purpose of the administration of this
Act or of any other law of the Commonwealth relating to
pensions, allowances or benefits; and
. under paragraph (bb) - to the Chief Executive Officer or an
employee of Medicare Australia for the purposes of the
performance of functions or the exercise of powers under the MA
Act.
684. This item repeals these two paragraphs and substitutes new
paragraphs (ba) and (bb) which are subdivided into subparagraphs so
that they can be more easily read. This item also amends these
provisions as follows.
685. The reference in paragraph (ba) to the "CEO" is replaced with a
reference to the "Chief Executive Centrelink":
. This change is consequential on this Bill's abolition of the
office of Chief Executive Officer (Centrelink) and the
establishment of a new position in the Department of Chief
Executive Centrelink.
686. The reference in paragraph (ba) to "an employee of the Services
Delivery Agency" is replaced with a reference to a "Departmental
employee". This change is consequential on this Bill's repeal of
provisions establishing Centrelink as a separate statutory
authority.
. This amendment has the effect of widening the category of
persons to whom the Registrar is authorised to communicate
information to include all Departmental employees.
. However, the limitation that the communication must be "for the
purpose of the administration of this Act or of any other law of
the Commonwealth relating to pensions, allowances or benefits"
is unchanged.
687. The reference in paragraph (bb) to the "Chief Executive Officer"
[of Medicare Australia] is replaced with a reference to the "Chief
Executive Medicare".
. This change is consequential on this Bill's abolition of the
office of Chief Executive Officer (of Medicare Australia) and
the establishment of a new position in the Department of Chief
Executive Medicare.
688. The reference in paragraph (bb) to "an employee of Medicare
Australia" is replaced with a reference to a Departmental employee.
. This change is consequential on this Bill's repeal of provisions
establishing Medicare Australia as a separate statutory
authority.
. This amendment has the effect of widening the category of
persons to whom the Registrar is authorised to communicate
information to include all Departmental employees.
689. The limitation in paragraph (bb) to communication which is
authorised is amended from communication "for the purposes of the
performance of functions or the exercise of powers under the
Medicare Australia Act 1973" to communication "for the purpose of
the performance of functions, or the exercise of powers, in
connection with a medicare program".
. The definition of "medicare program" inserted by this Bill in
the amended MA Act renamed by this Bill as the Human Services
(Medicare) Act 1973 is limited to:
. services, benefits, programs or facilities that are
provided for under the Health Insurance Act 1973, the
National Health Act 1953 the Dental Benefits Act 2008, the
Aged Care Act 1997, the Healthcare Identifiers Act 2010,
the Private Health Insurance Act 2007 and the Health and
Other Services (Compensation) Act 1995; and
. services, benefits, programs or facilities specified in the
regulations under the Human Services (Medicare) Act 1973.
. It is intended that the programs currently delivered by Medicare
Australia that are not specified above will be specified in the
regulations as medicare programs.
Item 12 Paragraph 16(4C)(d)
690. This item amends paragraph 16(4C)(d) by replacing the reference to
"Child Support Agency" with a reference to the "Registrar or an
officer or employee of the Department".
691. Paragraph 16(4C)(d) as amended authorises communication of
protected information to the extent necessary to brief a relevant
Minister about a possible error or delay on the part of the
Registrar or an officer or employee of the Department.
692. The inclusion of the reference to the Registrar is consistent with
the Registrar being an employee of the Department that is
administered by the Minister. The reference to an officer or
employee of the Department is consistent with the previous
administrative integration of the Child Support Agency into the
Department.
Item 13 Subsection 16AA(3) (paragraphs (a) and (b) of the definition of
relevant information)
693. Section 16AA(1) makes it an offence - subject to the qualifications
set out in the section - to record, use or communicate "relevant
information".
694. This item amends paragraph 16AA(3)'s definition of "relevant
information" by changing references to information in the records
of the Child Support Agency to information in the records of the
former Child Support Agency. These changes reflect the fact that
the Child Support Agency has ceased to exist as an agency separate
from the Department.
Item 14 After section 16AA
695. This item inserts section 16AB dealing with multiple secrecy
provisions. The intent of section 16AB is to clarify and simplify
the circumstances in which the Registrar or an officer or employee
of the Department may disclose, use or record information where the
secrecy provisions of more than one Act apply in relation to
specific information about a specific person, for example, a
person's address. The provision makes clear that, if a person has
provided the same specific personal information to the Department
of Human Services for a number of different programs to which
different secrecy provisions apply, the specific information can be
dealt with in accordance with any of the applicable secrecy
provisions. Thus, for example, if a person provides the
Department of Human Services with their address for the purposes of
program "A" and program "B" and the secrecy provisions covering
program "A" permit the disclosure of the person's address in
specific circumstances, the information can be disclosed in those
circumstances even if the disclosure is not authorised under the
secrecy provisions covering program "B". This is intended to
replicate, as far as possible, the current situation with the use
and disclosure of information by the Department of Human Services,
Medicare Australia and Centrelink. For example, where, a person
has provided their address to both Medicare Australia and the
Department of Human Services, in some specific situations it is
possible that Medicare Australia may be able to disclose the
address to another person, but the Department of Human Services may
be prevented by secrecy provisions from disclosing the same
information.
696. Section 16AB applies to actions of the Secretary, Registrar or an
officer or employee of the Department of disclosure, use or the
making of a record of, information. Subsection (3) defines
"disclose" to mean disclose, divulge or communicate.
697. Subsection 16AB(2) provides that if:
(a) particular information (the "protected information") is
subject to a regulatory regime under a "designated program
Act" (the "first program Act"); and
(b) the protected information is also subject to a regulatory
regime under another designated program Act (the "second
program Act"); and
(c) particular action can be taken in relation to the
protected information in particular circumstances without
contravening the second program Act;
then the taking of the action (disclosure, use or making a record)
in those circumstances is taken not to contravene the first program
Act. The section will only apply if the same specific information
about a person is held by the Department of Human Services under two
or more programs covered by different secrecy provisions.
698. The "designated program Acts" are the Acts listed in subsection
(3). These Acts are Acts which have provisions dealing with
aspects of disclosure, use or the making of a record of,
information which affect services benefits, programs or facilities
delivered by the Human Service portfolio agencies.
699. Additional Acts may become "designated program Acts" by being
prescribed in regulations. This power to prescribe additional Acts
is important to ensure that the multiple secrecy provision remains
current when new functions which require access to, and use of,
information that is protected by legislation, are conferred on the
Department of Human Services.
Item 15 Subparagraphs 94(1)(a)(iii) and (iv)
700. Paragraph 94(1)(a) gives a range of places where people may lodge
written applications for Social Security Tribunal review of some
decisions under the Act. Subparagraph (ii) provides for lodging at
"an office of the Department".
701. This item repeals subparagraph 94(1)(a)(iii) which refers to
lodging written applications for review by "an office of the
Commonwealth Services Delivery Agency". This Bill repeals
provisions of the CSDA Act which establish the Commonwealth
Services Delivery Agency (Centrelink). There will still be offices
operating under the name of Centrelink after Centrelink ceases to
exist as a separate agency. However, those offices will be offices
of the Department. Service at an office of the Department is
already provided for in subparagraph (ii).
702. This item also repeals subparagraph 94(1)(a)(iv) which refers to
lodging written applications for review of Social Security Tribunal
of some decisions under the Act or at "an office of the Department
administering the Commonwealth Services Delivery Agency Act 1997".
The main purpose of this Bill is to support integration of service
delivery through the Department of Human Services. It is proposed
that the Department administering that Act - which will be renamed
the Human Services (Centrelink) Act 1997 by this Bill - will be the
same Department as the Department referred to in subparagraph (ii).
Accordingly, there is no need to maintain lodging applications at
the office of the Department administering the CSDA Act as a
separate option.
Item 16 Subsection 95(1)
703. Subsection 95(1) imposes obligations to forward to the SSAT
applications for SSAT review which are received at offices in
accordance with section 94. This item repeals subsection 95(1) and
substitutes a new subsection 95(1) which deletes references to an
"office of the Commonwealth Services Delivery Agency" and to the
"CEO of the Agency."
704. Those changes are consequential on the amendments to section 94 and
on this Bill's abolition of Centrelink.
Item 17 Paragraph 95(2)(b)
705. This item amends paragraph 95(2)(b) by replacing the reference to
"a Secretary or the CEO" with a reference to "the Secretary".
706. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the integration of the
functions performed by Centrelink into the Department of Human
Services.
Schedule 4-Consequential amendments
Part 1-General amendments
Aged Care Act 1997
Item 1 Paragraph 86-3(c)
707. This items amends the paragraph by replacing the reference to
"Chief Executive Officer" with a reference to "Chief Executive
Medicare".
708. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 2 Paragraph 86-3(ca)
709. This item amends the paragraph by replacing the reference to "Chief
Executive Officer" with a reference to "Chief Executive
Centrelink".
710. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
Item 3 Section 86-7
711. This item amends section 86-7 by replacing the reference to "CEO"
(meaning the Chief Executive Officer of Centrelink) with a
reference to "Chief Executive Centrelink".
712. This change is consequential on the abolition of the statutory
office of Chief Executive Officer of Centrelink and the creation of
a new statutory office of Chief Executive Centrelink.
713. This item further amends section 86-7 by replacing the reference to
"an employee of the Service Delivery Agency" (Centrelink) with a
reference to "a Departmental employee (within the meaning of the
Human Services (Centrelink) Act 1997)" as amended by this Bill.
714. This change is consequential on this Bill's repeal of the
provisions which establish Centrelink and which provide for staff
of the Department to be able to assist in the carrying out of the
Chief Executive Centrelink's functions.
Items 4 and 5 Paragraphs 96-2(2A)(a) and 96-2(3A)(a)
715. These items amend these provisions which give the Secretary of the
Department of Health and Ageing power to delegate powers under some
provisions of the Act. The persons to whom powers can be delegated
under these provisions are amended by replacing references to "CEO"
(meaning the Chief Executive Officer of Centrelink) with references
to "Chief Executive Centrelink" and "Chief Executive Medicare".
716. The deletion of the reference to the CEO and insertion of a
reference to the Chief Executive Centrelink is consequential on the
abolition of the statutory office of Chief Executive Officer of
Centrelink and the creation of a new statutory office of Chief
Executive Centrelink.
717. The addition of the Chief Executive Medicare as a person to whom
powers may be delegated under the Act is consistent with the
purpose of enabling flexibility in arrangements for service
delivery with the Department of Human Services providing support to
both the Chief Executive Centrelink and the Chief Executive
Medicare.
Item 6 Subsection 96-2(6A)
718. This item amends this provision by replacing references to the
"CEO" (meaning the Chief Executive Officer of Centrelink) with
references to "Chief Executive Centrelink".
719. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer of Centrelink and the creation of
a new statutory office of Chief Executive Centrelink.
Item 7 Subsection 96-2(6A)
720. This item amends subsection 96-2(6A) by replacing the reference to
"an employee of the Services Delivery Agency (Centrelink)" with a
reference to "a Departmental employee (within the meaning of the
Human Services (Centrelink) Act 1997)" as amended by this Bill.
721. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
722. The power of sub-delegation continues to be not restricted to SES
employees because of the volume of decisions to be made.
Item 8 After subsection 96-2A(6A)
723. This item inserts subsection 96-2(6AA) which provides that if,
under subsection (2A) or (3A) as amended by this Bill, the
Secretary of the Department of Health and Ageing delegates a power
to the Chief Executive Medicare, the Chief Executive Medicare may
sub-delegate the power to a Departmental employee.
724. This change is consequential on the amendments of subsections (2A)
and (3A) and supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Medicare's functions.
725. The power of sub-delegation continues to be not restricted to SES
employees because of the volume of decisions to be made.
Item 9 Paragraphs 96-2(7)(b) and (c)
726. This item repeals paragraph 96-2(7)(b) and substitutes a provision
replacing the reference to "CEO" with a reference to "Chief
Executive Centrelink".
727. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
728. This item also repeals paragraph 96-2(7)(c) and substitutes a
provision replacing the reference to employees of Centrelink with a
reference to Departmental employees.
729. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 10 Clause 1 of Schedule 1 (definition of Centrelink)
730. This item repeals the definition of "Centrelink" by reference to
the CSDA Act because this Bill repeals the provisions of that Act
which establish Centrelink.
Item 11 Clause 1 of Schedule 1 (definition of CEO)
731. This item repeals this definition of "CEO" by reference to the CSDA
Act. These changes are consequential on this Bill's abolition of
the statutory office of Chief Executive Officer.
Item 12 Clause 1 of Schedule 1
732. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 13 Clause 1 of Schedule 1
733. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 14 Clause 1 of Schedule 1 (definition of employee)
734. This item repeals this definition in relation to the Service
Delivery Agency (Centrelink) because Centrelink is being abolished
by this Bill.
Item 15 Clause 1 of Schedule 1 (definition of Services Delivery Agency)
735. This item repeals the definition of "Services Delivery Agency"
(Centrelink) by reference to the CSDA Act because this Bill repeals
the provisions of that Act which establish Centrelink.
Age Discrimination Act 2004
Item 16 Section 5
736. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Items 17 and 18 Subparagraph 42(5)(a)(i) and Paragraph 42(5)(b)
737. These items amend these provisions by replacing references to
"Chief Executive Officer" with references to "Chief Executive
Medicare".
738. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
A New Tax System (Family Assistance) (Administration) Act 1999
Item 19 Subsection 3(1) (paragraphs (b) and (d) of the definition of
agency)
739. This item amends the definition of "agency" by repealing paragraph
(b) (which refers to the "Commonwealth Services Delivery Agency"
(Centrelink) and paragraph (d) which refers to "Medicare Australia"
and substituting a new paragraph (b) referring to the Human
Services Department.
740. This change is consequential on the abolition of Medicare Australia
and Centrelink.
Item 20 Subsection 3(1)
741. This item inserts a definition of "centrelink program" by reference
to the Human Services (Centrelink) Act 1997 which will be the name
of the Commonwealth Services Delivery Agency Act 1997 as amended
and renamed by this Bill.
742. This definition is used in provisions of the Act amended by this
Bill which deal with disclosure, use and recording of information,
and with parties to SSAT proceedings.
Item 21 Subsection 3(1)
743. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 22 Subsection 3(1)
744. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 23 Subsection 3(1) (paragraphs (b) and (d) of the definition
of head)
745. This item amends the definition of "head" (as it applies to
Centrelink and Medicare Australia as separate agencies) by:
. repealing paragraph (b) (which refers to the Chief Executive
Officer of the Commonwealth Services Delivery Agency as the head
of that Agency (Centrelink); and
. repealing paragraph (d) which refers to the Chief Executive
Officer of Medicare Australia as the head of Medicare Australia;
and
. substituting a new paragraph (b) referring to Secretary of the
Human Services Department as the head of that Department.
746. These changes are consequential on the abolition of Medicare
Australia and Centrelink and on the abolition of the statutory
offices of Chief Executive Officer of Medicare Australia and Chief
Executive Officer of Centrelink.
Items 24 and 25 Subsection 3(1)
747. Item 24 inserts a definition of "Human Services Department" as the
Department administered by the Human Services Minister. Item 25
inserts a definition "Human Services Minister" as the Minister
administering the Human Services (Centrelink) Act 1997.
748. The defined term "Human Services Department" is used in the section
3(1) definition of "agency" as amended by this Schedule.
Item 26 Subsection 3(1)
749. This item inserts a definition of "medicare program" by reference
to the Human Services (Medicare) Act 1973 which will be the name of
the Medicare Australia Act 1973 as amended and renamed by this
Bill.
750. This definition is used in provisions of the Act amended by this
Bill which deal with disclosure, use and recording of information,
and with parties to SSAT proceedings.
Item 27 Subsection 3(1) (after paragraph (a) of the definition of
officer)
751. This item inserts a paragraph (aa) in the definition of "officer"
which brings within the definition - if the agency is the Human
Services Department - the Chief Executive Centrelink and the Chief
Executive Medicare. The Chief Executive Centrelink and the Chief
Executive Medicare are employees of the Department of Human
Services. As such they are within the existing paragraph (b)
definition of "officer" as employees of an agency. Paragraph (aa)
is inserted for the avoidance of doubt.
Item 28 Subsection 3(1) (paragraphs (a) and (b) of the definition
of protected information)
752. This item repeals two of the paragraphs of this subsection's
definition of "protected information" and substitutes three new
paragraphs (a), (aa) and (b).
753. The new paragraph (a) replaces the current paragraph (a)'s
reference to information about a person that is or was held in the
records of the Commonwealth Services Delivery Agency (Centrelink)
with a reference to such information that is or was held by the
Human Services Department. That change is consequential on the
abolition of Centrelink.
754. The new paragraph (a) also inserts an express limitation in
subparagraph (i) so that paragraph (a) of the definition only
applies to such information which was obtained by an officer (as
defined by the provisions amended by this Schedule) under the
family assistance law.
755. The new paragraph (aa) brings within the definition of "protected
information" information about a person that was held in the
records of the Commonwealth Services Delivery Agency (within the
meaning of the CSDA Act as in force before 1 July 2011).
. The purpose of this provision is to ensure that particular
information which was "protected information" within paragraph
(a) of the definition before the amendments made by this Bill
will continue to be "protected information".
756. The new paragraph (b) brings within the definition of "protected
information", information about a person that was obtained by an
officer under the family assistance law and was held in the records
of Medicare Australia (within the meaning of the MA Act as in force
before 1 July 2011).
. The purpose of this provision is to ensure that particular
information which was "protected information" within paragraph
(b) of the definition before the amendments made by this Bill
will continue to be "protected information".
757. These changes complement other changes made by this Bill and are
consequential on the abolition of Medicare Australia and Centrelink
and on the transfer of the records of those entities to the
Department of Human Services.
Item 29 Paragraph 108(2)(a)
758. Section 108(1) of the Act provides that a decision of any officer
under the family assistance law must be reviewed on application
under section 109A unless an exception set out in subsection (2)
applies to the decision. The exceptions provided for under
paragraph 108(2)(a) include decisions made by the Secretary
personally and decisions by another agency head himself or herself
in the exercise of a delegated power.
759. This item repeals 108(2)(a) and substitutes a new paragraph
108(2)(a) which continues the exception for the Secretary and other
agency heads and adds decisions made by the Chief Executive
Centrelink and the Chief Executive Medicare in the exercise of a
delegated power.
760. Prior to this Bill's abolition of Centrelink and Medicare
Australia, their Chief Executive Officers would have come within
the definition of "agency head" and their decisions were within the
paragraph 108(2)(a) exception.
761. After the integration of Medicare Australia and Centrelink into the
Department of Human Services and the creation of the new statutory
offices of Chief Executive Medicare and Chief Executive Centrelink,
the nature of the decisions is substantially unchanged.
762. Accordingly, it is appropriate for the subsection 108(2) exception
to apply to decisions by the Chief Executive Centrelink and the
Chief Executive Medicare.
Item 30 Subsection 109C(2)
763. This item replaces the reference to "head of agency" with a
reference to the "Secretary of the Human Services Department".
764. This change is consistent with the abolition of Medicare Australia
and Centrelink and with amendments to the definition of "head" made
by this Schedule.
Item 31 Subsection 111(1A)
765. Subsection 111(1A) provides that persons whose interests are
affected by certain decisions may apply to the Social Security
Appeals Tribunal for review of the decision. This item repeals
subsection 111(1A) and substitutes a new subsection 111(1A).
766. Subsection 111(1A) has provided for, and will continue to provide
for, applications for review of certain decisions made by the
Secretary personally or by another agency head himself or herself
in the exercise of a delegated power.
767. Prior to this Bill's abolition of Centrelink and Medicare
Australia, their Chief Executive Officers come within the
definition of "agency head" and their decisions are within
subsection 111(1A).
768. The new subsection 111(1A) adds decisions of the Chief Executive
Centrelink and Chief Executive Medicare as decisions subject to
SSAT review.
769. These changes will not change the kind of decisions which are
subject to SSAT review.
770. These changes are consequential on the integration of Medicare
Australia and Centrelink into the Department of Human Services and
the creation of the new statutory offices of Chief Executive
Medicare and Chief Executive Centrelink.
Item 32 Paragraphs 118(1)(c) and (e)
771. Subsection 118(1) provides who are the parties to a review by the
SSAT.
772. This item repeals paragraph 118(1)(c) which makes the Chief
Executive Officer of Centrelink party to SSAT review of decisions
made by an officer of Centrelink and substitutes a new paragraph
118(1)(c).
773. The new subsection 118(1)(c) makes the Chief Executive Centrelink
party to SSAT review of decisions:
. made by an officer of the Department of Human Services;
. which relate to a "centrelink program" (as defined by new
section 40 of the renamed Human Services (Centrelink) Act 1997,
inserted by item 48 of Schedule 2 of this Bill).
774. This item repeals paragraph 118(1)(d) which makes the Chief
Executive Officer of Medicare party to SSAT review of decisions
made by an officer of Medicare Australia and substitutes a new
paragraph 118(1)(d) which makes the Chief Executive Medicare party
to SSAT review of decisions:
. made by an officer of the Department of Human Services;
. which relate to a "medicare program" (as defined by new section
41G of the renamed Human Services (Medicare) Act 1973, inserted
by item 82 of Schedule 1 of this Bill).
775. These changes are consequential on:
. the abolition of Medicare Australia and Centrelink; and
. the abolition of the offices of Chief Executive Officer
Centrelink and Chief Executive Officer Medicare Australia; and
. the integration of service delivery through the Department of
Human Services.
Item 33 Subdivision B of Division 3 of Part 5 (heading)
776. This item repeals the heading "Submissions from parties other than
agency heads" and substitutes "Submissions from parties other than
agency representatives". This change reflects the amendments of
the provisions in the Subdivision.
Item 34 At the end of section 122A
777. Section 122A provides that the subdivision of the Act in which the
section appears does not apply in relation to a party to a review
of a decision who is the head of an agency.
778. Prior to this Bill's abolition of Centrelink and Medicare
Australia, their Chief Executive Officers come within the
definition of "agency head" and their decisions are within
subsection 111(1A).
779. This item amends this section by adding a reference to "Chief
Executive Centrelink" and "Chief Executive Medicare" as parties to
whom the subdivision does not apply.
780. These changes are consequential on the integration of Medicare
Australia and Centrelink into the Department of Human Services and
the creation of the new statutory offices of Chief Executive
Medicare and Chief Executive Centrelink.
Item 35 Subdivision BA of Division 3 of Part 5 (heading)
781. This item repeals the heading "Submissions from parties other than
agency heads" with "Submissions from parties other than agency
representatives". This change reflects the amendments of the
provisions in the Part.
Item 36 Subsection 126A(1)
782. This item repeals subsection 126A(1) and substitutes a new
subsection 126A(1).
783. Subsection 126A(1) has given the head of an agency that is a party
to a review of a decision the right to make written submissions to
the SSAT. The new subsection 126A(1) continues that provision but
gives the same right to the Chief Executive Centrelink and to the
Chief Executive Medicare when they are parties to a review of a
decision.
784. These changes are consequential on the integration of Medicare
Australia and Centrelink into the Department of Human Services and
the creation of the new statutory offices of Chief Executive
Medicare and Chief Executive Centrelink.
785. The new subsection calls these persons "agency representatives".
Items 37 -39
786. These items amend the legislative provisions in the table below by
replacing references to "head of agency" with references to "agency
representative."
|Item |Legislative Provision |
|37 |Subsection 126A(2) |
|38 |Subsection 126A(4) |
|39 |Subsection 126A(5) |
Item 40 Subsection 141(2)
787. The general obligation on the Principal Member of the SSAT on
determination of the review to give each party a statement of
appeal rights does not apply to a party who is the head of an
agency.
788. This item amends subsection 141(2) by extending this exception so
that there is also no obligation to give such a notice to the Chief
Executive Centrelink or the Chief Executive Medicare".
789. These changes are consequential on the integration of Medicare
Australia and Centrelink into the Department of Human Services and
the creation of the new statutory offices of Chief Executive
Medicare and Chief Executive Centrelink.
Item 41 Subsection 144(1C)
790. This item repeals subsection 144(1C) and substitutes a new
subsection 144(1C).
791. Subsection 144(1C) has provided for appeal to the AAT from
decisions made by the Secretary personally, or by another agency
head himself or herself in the exercise of a delegated power. The
new subsection 144(1C) continues those rights of appeal but also
gives rights to appeal to the AAT against decisions made the Chief
Executive Centrelink and the Chief Executive Medicare in the
exercise of a delegated power.
792. These changes will not change the kind of decisions which are
subject to AAT Review.
793. These changes are consequential on the integration of Medicare
Australia and Centrelink into the Department of Human Services and
the creation of the new statutory offices of Chief Executive
Medicare and Chief Executive Centrelink.
Item 42 At the end of paragraph 168(1)(b)
794. Subparagraph 168(1)(b)(i) provides that the Secretary may disclose
information which is otherwise subject to section 164 and 167
prohibitions on disclosure to the Secretary of a Department of
State of the Commonwealth or to the head of an authority of the
Commonwealth for the purposes of that Department or authority.
795. That power currently applies in relation to disclosure to the Chief
Executive Officers of Centrelink and Medicare Australia as the
"heads of authorities". However, the amendments being made by this
Bill will abolish those statutory offices and will cause Centrelink
and Medicare Australia to cease to exist as separate agencies.
796. This item amends paragraph (1)(b) by adding new paragraphs
authorising disclosure to:
. the Chief Executive Centrelink for the purposes of a "centrelink
program", as defined by new section 40 of the renamed Human
Services (Centrelink) Act 1997, which is inserted by item 48 of
Schedule 2 (new paragraph (1)(b)(iii)); and
. to the Chief Executive Medicare for the purposes of a "medicare
program", as defined by new section 41G of the renamed Human
Services (Medicare) Act 1973, which is inserted by item 82 of
Schedule 1 (new paragraph (1)(b)(iv)).
797. These changes are consequential on the integration of Medicare
Australia and Centrelink into the Department of Human Services and
the creation of the new statutory offices of Chief Executive
Medicare and Chief Executive Centrelink.
798. These changes will not substantially alter the circumstances in
which the Secretary is authorised to make disclosures of
information in relation to centrelink and medicare programs.
Items 43 and 44 Subsection 221(3)
799. Subsection 221(3) provides that the Secretary must not delegate to
an officer "except the head of an agency" the power under
subparagraph 168(1)(b)(i) to disclose information to the Secretary
of a Department of State of the Commonwealth or to the head of an
authority of the Commonwealth for the purposes of that Department
or authority.
800. Currently the Chief Executive Officers of Centrelink and Medicare
Australia come within the definition of "head of agency." With the
amendments made by this Bill those offices will no longer exist and
the new statutory offices of Chief Executive Centrelink and
Medicare will not come within the definition of "head of agency".
801. These items amend subsection 221(3) by extending the exception so
that it applies to "the head of an agency, the Chief Executive
Centrelink or the Chief Executive Medicare."
802. These changes are consequential on the integration of Medicare
Australia and Centrelink into the Department of Human Services and
the creation of the new statutory offices of Chief Executive
Medicare and Chief Executive Centrelink.
803. These changes will not substantially alter the circumstances in
which the Secretary is authorised to make disclosures of
information in relation to centrelink and medicare programs.
Item 45 Subsection 234(3)
804. This item replaces the reference to "Chief Executive Officer of
Medicare Australia" with a reference to "Chief Executive Medicare".
805. This change is consequential on the integration of Medicare
Australia and Centrelink and the creation of the new statutory
office of Chief Executive Medicare.
Item 46 At the end of section 234
806. This item amends section 234 by adding subsection (4) allowing the
Secretary (under the Act) and the Secretary of the Human Services
Department to agree on administrative arrangements to further the
objectives of the Act.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Item 47 Section 5 (paragraphs (i) and (j) of the definition of designated
agency)
807. This item amends section 5 by replacing the references to "the
Child Support Agency" and "the Commonwealth Services Delivery
Agency (Centrelink)" with "Human Services Department".
808. This amendment reflects the previous integration of the Child
Support Agency into the Department of Human Services through
administrative action, and this Bill's abolition of Centrelink as a
separate entity (with effective integration of Centrelink into the
Department of Human Services).
Items 48 and 49 Section 5
809. Item 48 inserts a definition "Human Services Department" as the
Department administered by the Human Services Minister. Item 49
inserts a definition of "Human Services Minister" as the Minister
administering the Human Services (Centrelink) Act 1997.
810. The defined term "Human Services Department" is used in the section
5 definition of "designated agency" as amended by this Schedule.
811. Under section 126 of the Act, the AUSTRAC CEO may, in writing,
authorise specified officials, or a specified class of officials,
of a specified designated agency to have access to AUSTRAC
information for the purposes of performing the agency's functions
and exercising the agency's powers.
812. It is expected that this power would be used to authorise only
limited groups and individuals within the Department of Human
Services so that these amendments would not in practice result in
an increase in the numbers of officials who have access to AUSTRAC
information.
Child Support (Assessment Act) 1989
Item 50 Subsection 149(1AA)
813. Subsection 149(1AA) authorises the Registrar to delegate in writing
all or any of his or her powers or functions under this Act to the
"CEO" or an "employee" of the "Services Delivery Agency".
Currently such delegation must be in accordance with "service
arrangements".
814. The terms "CEO", "employee", "Services Delivery Agency" and
"service arrangements" have taken their meanings from the
definitions given to those terms by the Child Support (Registration
and Collection) Act 1988 which is a cognate Act. Schedule 2 is
abolishing the position of "CEO" (of Centrelink) and the "Services
Delivery Agency" (Centrelink)", and Schedule 2 of this Act is
repealing those definitions. Schedule 3 is amending the references
to the CSDA Act definitions accordingly.
815. The term "service arrangements" appears to be a reference to
section 7 of the CSDA Act. That definition is also being repealed
by Schedule 2 of this Bill.
816. This item repeals subsection 149(1AA) and substitutes a new
subsection 149(1AA) which authorises the Registrar in writing, to
delegate all or any of his or her powers or functions under this
Act to the Chief Executive Centrelink. There is no longer a
requirement for the delegation to be in accordance with a "service
arrangement".
Item 51 Paragraphs 150(3)(ba) and (bb)
817. Subsection 150(2) generally prohibits communication of "protected
information." That prohibition does not apply to the Registrar or
a person authorised by the Registrar communicating protected
information:
. under paragraph 150(3)(ba) - to the CEO (of Centrelink) or an
employee of the Services Delivery Agency for the purpose of the
administration of the Act or of any other law of the
Commonwealth relating to pensions, allowances or benefits; or
. under paragraph 150(3)(bb) - to the Chief Executive Officer or
an employee of Medicare Australia for the purposes of the
performance of functions or the exercise of powers under the MA
Act.
818. This item repeals these paragraphs and substitutes new paragraphs.
819. Apart from formatting changes to improve readability, the new
paragraph (ba):
. substitutes a reference to "the Chief Executive Centrelink" for
the reference to "CEO"; and
. substitutes a reference to Departmental employees within the
meaning of the Human Services (Centrelink) Act 1997 as amended
by this Bill for the reference to "employee of the Services
Delivery Agency".
820. Apart from formatting changes to improve readability, the new
paragraph (bb):
. substitutes a reference to "the Chief Executive Medicare" for
the reference to "Chief Executive Officer "; and
. substitutes a reference to Departmental employees within the
meaning of the Human Services (Medicare) Act 1973 as amended by
this Bill for the reference to "employee of Medicare Australia";
and
. substitutes a reference to "connection with the medicare
program" for the reference to "under the Medicare Australia Act
1973". The term "medicare program" is defined in the Human
Services (Medicare) Act 1973 as amended by this Bill.
821. These changes are consequential on the integration of Medicare
Australia and Centrelink into the Department of Human Services and
the creation of the new statutory offices of Chief Executive
Medicare and Chief Executive Centrelink.
822. These changes will not substantially alter the circumstances in
which the Registrar is authorised to make disclosures of
information.
Item 52 Paragraph 150(4C)(d)
823. This item amends paragraph 150(4C)(d) by replacing the reference to
"Child Support Agency" with "Registrar or an officer or employee of
the Department".
824. The amendment allows the Registrar or an officer or employee of the
Department to communicate protected information to the Minister if
the communication is necessary to brief a relevant Minister about a
possible error or delay on the part of the Registrar or an officer
or employee of the Department.
825. This change is consistent with the fact that the Child Support
Agency has been administratively integrated into the Department.
Item 53 Subsection 150AA(3) (paragraphs (a) and (b) of the
definition of relevant information)
826. This item amends paragraph 150AA(3)'s definition of "relevant
information" by changing references to records of the Child Support
Agency to records of the "former" Child Support Agency.
827. These changes reflect the fact that the Child Support Agency is not
an agency separate from the Department.
Item 54 Subsection 151A(1)
828. This item repeals the subsection and substitutes another
subsection.
829. Apart from changes in formatting to improve readability the changes
are to replace references to the "CEO" (of Centrelink) with
references to the Chief Executive Centrelink and to replace
references to "an employee of the Services Delivery Agency" with a
reference to "an officer or employee of the Department".
830. These changes are consequential on the integration of Centrelink
into the Department of Human Services, the abolition of the
statutory office of Chief Executive Officer of Centrelink and the
creation of the new statutory office of Chief Executive Centrelink.
Item 55 Subsection 151A(7)
831. This item repeals the subsection and substitutes another
subsection.
832. Apart from changes in formatting to improve readability the changes
are to replace a reference to the "CEO" (of Centrelink) with a
reference to the Chief Executive Centrelink and to replace a
reference to "an employee of the Services Delivery Agency" with a
reference to "an officer or employee of the Department".
833. These changes are consequential on the integration of Centrelink
into the Department of Human Services and the creation of the new
statutory office of Chief Executive Centrelink.
Data-matching Program (Assistance and Tax) Act 1990
Item 56 Subsection 3(1) (paragraph (e) of the definition of assistance
agency)
834. This item repeals the paragraph including the "Services Delivery
Agency" in the definition of "assistance agency" (Centrelink) and
substitutes a paragraph which refers to the "Human Services
Department".
835. This change is consequential on the abolition of Centrelink as a
separate agency.
Item 57 Subsection 3(1) (definition of CEO)
836. This item repeals the definition of "CEO" as the Chief Executive
Officer of the "Services Delivery Agency" (Centrelink).
837. This repeal is consequential on the abolition of Centrelink as a
separate agency and the abolition of the statutory office of Chief
Executive Officer of Centrelink.
Item 58 Subsection 3(1)
838. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 59 Subsection 3(1) (definition of employee)
839. This item repeals this definition of employee in relation to the
"Services Delivery Agency" (Centrelink).
840. This repeal is consequential on the abolition of Centrelink as a
separate agency.
Items 60 and 61 Subsection 3(1)
841. Item 60 inserts a definition of "Human Services Department" as the
Department administered by the Human Services Minister. Item 61
inserts a definition of "Human Services Minister" as the Minister
administering the Human Services (Centrelink) Act 1997.
842. The defined term "Human Services Department" is used in the
subsection 3(1) definition of "assistance agency" as amended by
this Schedule.
Item 62 Subsection 3(1) (paragraph (b) of the definition of matching
agency)
843. This item amends subsection 3(1)'s definition by replacing the
reference to "the employees of the "Services Delivery Agency" with
a reference to "the Departmental employees (within the meaning of
the Human Services (Centrelink) Act 1997)" (as amended and renamed
by this Bill).
844. This change is consequential on the abolition of Centrelink as a
separate agency and supports the integration of service delivery
through the Department of Human Services.
Item 63 Subsection 3(1) (paragraphs (b), (ca) and (de) of the
definition of personal assistance)
845. This item amends subsection 3(1) by replacing the reference to
"Services Delivery Agency" with "Human Services Department".
846. This change is consequential on the abolition of Centrelink and
supports the integration of service delivery through the Department
of Human Services.
Item 64 Subsection 3(1) (definition of Services Delivery Agency)
847. This item repeals the definition of "Services Delivery Agency"
(Centrelink).
848. This change is consequential on the abolition of Centrelink (the
Services Delivery Agency).
Item 65 Paragraph 3A(1)(a)
849. This item repeals the paragraph and substitutes another paragraph.
850. Apart from changes in formatting to improve readability the changes
are to replace a reference to the "CEO" (of Centrelink) with a
reference to the "Chief Executive Centrelink" and to replace a
reference to "an employee of the Services Delivery Agency" with a
reference to "an officer or employee of the Department".
851. These changes are consequential on the integration of Centrelink
into the Department of Human Services and the creation of the new
statutory office of Chief Executive Centrelink.
Item 66 Subsection 4(2)
852. This item repeals the subsection and substitutes another
subsection.
853. The new subsection replaces a reference to the "CEO" (of
Centrelink) with a reference to the "Chief Executive Centrelink"
and replaces a reference to "employees of the Services Delivery
Agency" with a reference to "Departmental employees (within the
meaning of the Human Services (Centrelink) Act 1997)" (as amended
and renamed by this Bill).
854. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer (Centrelink) and the creation of
a new statutory office of Chief Executive Centrelink and on the
abolition of Centrelink as a separate agency. These changes
support the integration of service delivery through the Department
of Human Services.
Item 67 Subsection 10(3A)
855. Subsection 10(3) requires a source agency to commence any action in
relation to information it receives under subsection (1) within 12
months from the date that it receives the information from the
matching agency. Subsection 10(3A) authorises the holders of
particular positions to extend the time limit in subsection 10(3).
856. This item amends item 10(3A) by replacing a reference to "the CEO"
(of Centrelink) with a reference to "the Chief Executive
Centrelink" as a person authorised to extend the subsection 10(3)
time limit. That change is consequential on the abolition of the
statutory office of Chief Executive of Centrelink and the creation
of the statutory office of Chief Executive Centrelink.
857. This item also amends item 10(3A) by inserting after the reference
to "the Secretary to an assistance agency that is a Department" as
being authorised to grant an extension the restriction "other than
the Human Services Department".
Dental Benefits Act 2008
Items 68 Section 3
858. These items amend the legislative provisions in the table below by
replacing references to "Medicare Australia CEO" with references to
"Chief Executive Medicare".
859. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 69 Section 4 (definition of approved form)
860. This item amends this provision by replacing the reference to
"Medicare Australia CEO" with a reference to "Chief Executive
Medicare".
861. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Item 70 Section 4
862. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 71 Section 4
863. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 72 Section 4 (definition of employee of Medicare)
864. This item repeals this definition because this Bill abolishes
Medicare Australia.
Items 73 and 74 Section 4
865. Item 73 inserts a definition "Human Services Department" as the
Department administered by the Human Services Minister. Item 74
inserts a definition of "Human Services Minister" as the Minister
administering the Human Services (Medicare) Act 1973.
866. The defined term "Human Services Department" is used in the list of
"entrusted public officials" provisions of section 34 as amended by
this Schedule.
Item 75 Section 4 (definition of Medicare Australia CEO)
867. This item repeals the definition because this Bill abolishes
Medicare Australia and the statutory office of Chief Executive
Officer of Medicare Australia.
Item 76 Section 4
868. This item inserts a definition of "medicare program" by reference
to the Human Services (Medicare) Act 1973 which will be the name of
the Medicare Australia Act 1973 as amended and renamed by this
Bill.
869. This definition is used in provisions of section 35 of the Act as
amended by this Bill which deal with disclosure of protected
information.
Items 77 - 82
870. These items replace references to "Chief Executive Officer of
Medicare Australia" with references to "Chief Executive Medicare"
in the following legislative provisions.
|Item |Legislative Provision |
|77 |Section 10 |
|78 |Subsection 11(1) |
|79 |Subsection 13(2) |
|80 |Sections 14 to 16 |
|81 |Section 22 |
|82 |Sections 27 to 29 |
871. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Item 83 Paragraphs 34(2)(a) to (c)
872. Subsection 34(1) imposes duties not to disclose "protected
information" on "entrusted public officials" as identified in
subsection (2).
873. This item amends the list of "entrusted public officials" who are
subject to these duties by:
. repealing paragraphs (a), (b) and (c) which had referred to "the
Medicare Australia CEO", "an employee of Medicare Australia" and
"a consultant engaged under section 21 of the Medicare Australia
Act 1973"; and
. substituting new paragraphs which refer to "the Chief Executive
Medicare", a "Departmental employee (within the meaning of the
Human Services (Medicare) Act 1973) and "a consultant to the
Human Services Department".
874. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare and
on the abolition of Medicare Australia as a separate agency. These
changes reflect the integration of service delivery through the
Department of Human Services.
Item 84 Paragraph 35(c)
875. Section 35 authorises some disclosure of protected information.
This item amends the categories of "authorised disclosure" by
replacing a reference to disclosure "for the purposes of enabling a
person to perform duties or functions, or exercise powers, under
the Medicare Australia Act 1973" with a reference to disclosure
"for the purposes of enabling a person to perform duties or
functions, or exercise powers, in connection with a medicare
program."
876. These changes are consequential on the integration of Medicare
Australia into the Department of Human Services. The term
"medicare programs" is defined in s41G of the Human Services
(Medicare) Act 1973 as amended and renamed by Schedule 1 of this
Bill.
877. These changes will not substantially alter the circumstances in
which section 35 authorises disclosures of information in relation
to medicare programs as defined by amendments made by Schedule 1 of
this Bill.
Item 85 Sections 36 to 40
878. This item amends these legislative provisions by replacing
references to "Medicare Australia CEO" with references to "Chief
Executive Medicare".
879. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 86 Paragraphs 41(1)(a) to (c)
880. This item amends section 41's authorisation of disclosure of
protected information by repealing paragraphs (a), (b) and (c) and
substituting new paragraphs (a), (b) and (c). The changes:
. replace a reference to "the Medicare Australia CEO or an
employee of Medicare Australia" with a reference to "the Chief
Executive Medicare";
. replace a reference to "the Chief Executive Officer of
Centrelink or an employee of Centrelink" with a reference to
"the Chief Executive Centrelink"; and
. replace a reference to "the Minister who administers ...the
Medicare Australia Act 1973" with a reference to "the Minister
who administers ... the Human Services (Medicare) Act 1973".
881. These changes are consequential on amendments to legislation made
by this Bill including:
. the abolition of the statutory offices of Chief Executive
Officers of Medicare Australia and Centrelink; and
. the creation of new statutory offices of Chief Executive
Medicare and Centrelink and on the abolition of Medicare
Australia and Centrelink as separate agencies; and
. the amendment and renaming of the Medicare Australia Act 1973 as
Human Services (Medicare) Act 1973.
882. Paragraph (d) authorises disclosure to the Secretary of, and APS
employees in, a Department administered by the Minister who
administers the Human Services (Medicare) Act 1973 (as amended by
this Bill), if the disclosure is for the purpose of administering
the Dental Benefits Act 2008.
883. The amendments to section 41 will not otherwise substantially alter
the operation of section 41.
Item 87 Subsection 41(2) (definition of Centrelink)
884. This item repeals this definition because the term will no longer
be used in the Act. The Bill abolishes Centrelink.
Item 88 Subsection 41(2) (definition of employee of Centrelink)
885. This item repeals this definition because the term will no longer
be used in the Act. The Bill abolishes Centrelink.
Items 89 - 91
886. These items amend these legislative provisions in the table below
by replacing references to "Medicare Australia CEO" with references
to "Chief Executive Medicare".
|Item |Legislative Provision |
|89 |Sections 57 and 58 |
|90 |Subsection 60(2) |
|91 |Section 63 |
887. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Items 92-94 Subsections 64(1) and 64(2)
888. Item 92 repeals subsection 64(1) and substitutes a new subsection.
The new subsection;
. replaces a reference to "the functions of the Medicare Australia
CEO under the Medicare Australia Act 1973" with a reference to
"the functions of the Chief Executive Medicare under the Human
Services (Medicare) Act 1973";
. replaces another reference to the "Medicare Australia CEO" with
a reference to the "Chief Executive Medicare".
889. Item 93 replaces a reference to the "Medicare Australia CEO" with a
reference to the "Chief Executive Medicare."
890. Item 94 replaces a reference to the "Medicare Australia Act 1973"
with a reference to the "Human Services (Medicare) Act 1973."
891. These changes are consequential on amendments to legislation made
by this Bill including:
. the abolition of the statutory office of Chief Executive Officer
of Medicare; and
. the creation of new statutory offices of Chief Executive
Medicare; and
. the amendment and renaming of the Medicare Australia Act 1973 as
Human Services (Medicare) Act 1973.
Farm Household Support Act 1992
Item 95 Subsection 3(2) (definition of Agency)
892. This item repeals this definition because Centrelink is being
abolished by this Bill. The term "Agency" will no longer be used
in the Act.
Item 96 Subsection 3(2) (definition of CEO)
893. This item repeals the definition of "Chief Executive Officer"
because this Bill repeals the relevant provisions of the CSDA Act
establishing that position. The term will no longer be used in the
Act.
Item 97 Subsection 3(2)
894. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 98 Subsection 3(2) (definition of employee)
895. This item repeals the definition of "employee" in relation to the
Centrelink because Centrelink is being abolished by this Bill.
Items 99 and 100 Subsection 3(2)
896. Item 99 inserts a definition "Human Services Department" as the
Department administered by the Human Services Minister. Item 100
inserts a definition of "Human Services Minister" as the Minister
administering the Human Services (Centrelink) Act 1997.
897. The defined term "Human Services Department" is used in section
53A, as amended by this Schedule, relating to powers to require
production of documents and information.
Item 101 Subsection 3(2) (definition of service arrangements)
898. This item repeals this definition because this Bill repeals the
relevant provisions of the CSDA Act defining that term. The term
will no longer be used in the Act.
Item 102 Subsection 53(3)
899. This item repeals subsection 53(3) which currently authorises the
Secretary to delegate his or her powers or functions under this Act
"in accordance with service arrangements" to the "CEO" or "an
employee of the Services Delivery Agency", The Act's definitions
of the terms "service arrangements," "CEO" and "an employee of the
Services Delivery Agency" are being repealed by this Schedule.
900. This item substitutes a new subsection 53(3) which authorises the
Secretary to delegate all or any of his or her powers or functions
to the Chief Executive Centrelink or to a "Departmental employee
(within the meaning of the Human Services (Centrelink) Act 1997)".
901. These changes are consequential on this Bill's abolition of the
statutory office of Chief Executive Officer of Centrelink and the
creation of a new statutory office of Chief Executive Medicare and
on the abolition of Centrelink as a separate agency with service
delivery through the Department of Human Services.
902. The power of delegation as amended will no longer be required to be
"in accordance with service arrangements". The removal of that
restriction is consistent with the purpose of enabling flexibility
in service delivery which is one of the main objectives of the
Bill.
Item 103 Subsection 53A(1)
903. This item repeals this subsection dealing with the exercise of
delegated power to order production of documents or information and
substitutes a new subsection.
904. Apart from formatting changes to improve readability, the new
subsection replaces references to the "CEO" (of Centrelink) and
"employees of the Agency" (Centrelink) with references to "the
Chief Executive Centrelink" and "Departmental employee (within the
meaning of the Human Services (Centrelink) Act 1997)."
905. These changes are consequential on this Bill's abolition of the
statutory office of Chief Executive Officer of Centrelink and the
creation of a new statutory office of Chief Executive Medicare and
on the abolition of Centrelink as a separate agency with service
delivery through the Department of Human Services.
Item 104 Subsections 53A(2) and (3)
906. This item omits the reference to "Agency" and inserts a reference
to the "Human Services Department."
907. This change is consequential on the abolition of Centrelink ("the
Agency").
Item 105 Paragraph 53A(4)(a)
908. This item omits the reference to "CEO or an employee of the Agency"
and substitutes "Chief Executive Centrelink or a Departmental
employee (within the meaning of the Human Services (Centrelink) Act
1997)."
909. These changes are consequential on this Bill's abolition of the
statutory office of Chief Executive Officer of Centrelink and the
creation of a new statutory office of Chief Executive Medicare and
on the abolition of Centrelink as a separate agency with service
delivery through the Department of Human Services.
Item 106 Paragraph 53A(4)(c)
910. This item amends the paragraph by replacing the reference to "CEO"
with "Chief Executive Centrelink".
911. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
Item 107 Paragraph 53A(4)(d)
912. This item omits the reference to "Agency" and inserts a reference
to the "Human Services Department."
913. This change is consequential on the abolition of Centrelink ("the
Agency").
Freedom of Information Act 1982
Item 108 Subsection 4(1)
914. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1997 as amended and
renamed by this Bill.
Items 109 and 110 Subsection 4(1)
915. Item 109 inserts a definition "Human Services Department" as the
Department administered by the Human Services Minister. Item 110
inserts a definition of "Human Services Minister" as the Minister
administering the Human Services (Medicare) Act 1973.
916. The defined term "Human Services Department" is used in Division 1
of Part II of Schedule 2 as amended by this Schedule. Division 1
of Part II of Schedule 2 of the Freedom of Information Act 1982
relates to "Agencies exempt in respect of particular documents".
Item 111 Division 1 of Part II of Schedule 2 (before the item
relating to Indigenous Business Australia)
917. This item inserts a reference to the "Human Services Department" in
the list of "Agencies exempt in respect of particular documents"
and identifies "documents in respect of commercial activities
relating to the functions of the Chief Executive Medicare" as the
relevant documents. This amendment is consequential on the
abolition of Medicare Australia as a separate agency. It is not
intended to expand the scope of the exemption.
Item 112 Division 1 of Part II of Schedule 2 (the item relating to
Medicare Australia)
918. This item repeals the item referring to Medicare Australia and
documents relating to its commercial activities.
919. This item is consistent with portfolio integration and is
consequential on the abolition of Medicare Australia as a separate
agency.
Item 113 Transitional-Medicare Australia documents
920. This item provides that the amendment to Division 1 of Part II of
Schedule 2 made by item 111 is to have effect as if that Division
also referred to:
. documents in respect of commercial activities of Medicare
Australia (within the meaning of the MA Act as in force before
1 July 2011);
. documents in respect of commercial activities of the Health
Insurance Commission (within the meaning of the Health Insurance
Act 1973 as in force before 1 October 2005).
921. These provisions recognise that there has been business continuity
through the re-structure of the Health Insurance Commission to
Medicare Australia and then to the abolition of Medicare Australia
and integration into the Department of Human Services.
Fringe Benefits Tax Assessment Act 1986
Item 114 Paragraph 5(5)(d)
922. This item amends the paragraph by replacing the reference to "Chief
Executive Officer of the Commonwealth Services Delivery Agency"
with "Chief Executive Centrelink".
923. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
Item 115 Subsection 136(1)
924. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Health and Other Services (Compensation) Act 1995
Item 116 Subsection 3(1)
925. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 117 Subsection 3(1) (definition of employee of Medicare
Australia)
926. This item repeals this definition because the Bill abolishes
Medicare.
Item 118 Subsection 3(1) (definition of Medicare Australia CEO)
927. This item amends the paragraph by replacing the reference to "Chief
Executive Officer" with a reference to "Chief Executive
Centrelink".
928. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Centrelink.
Items 119 - 135, except Item 134
929. These items amend the provisions referred to in the table below by
replacing references to the "Medicare Australia CEO" with
references to the "Chief Executive Medicare".
|Item |Legislative Provision |
|119 |Paragraph 8(6)(a) |
|120 |Paragraph 10(6)(a) |
|121 |Sections 13 to 18 |
|122 |Subsection 19(1) |
|123 |Subsection 19(1) |
|124 |Subsection 19(3) |
|125 |Paragraph 19(3)(d) |
|126 |Subsection 19(4) |
|127 |Sections 21 to 26 |
|128 |Section 28 |
|129 |Sub-section 32(1) |
|130 |Sections 33C to 33H |
|131 |Subsection 33K(1) |
|132 |Sections 34 to 36 |
|133 |Section 39 |
|135 |Subsection 40(2) |
930.
931. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 134 Subsection 40(1)
932. This item repeals this subsection and substitutes a new subsection
which replaces the reference to "Medicare Australia CEO" with
"Chief Executive Medicare".
933. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 136 Subsection 40(2)
934. This item omits the reference to the "Medicare Australia Act 1973"
and replaces it with "Human Services (Medicare Act) 1973". This
change reflects the renaming of the Act by this Bill.
Item 137 Subsection 41(1)
935. This items amends the subsection conferring power to delegate by
replacing the reference to "Medicare Australia CEO" with "Chief
Executive Medicare".
936. This change is consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Item 138 Paragraph 41(1)(a)
937. This item amends subsection 41(1)(a) by repealing this paragraph
with a reference to "an employee of Australia Medicare" and
substituting a paragraph with a reference to "a Departmental
employee (within the meaning of the Human Services (Medicare) Act
1973)" as amended by this Bill.
938. These changes are consequential on this Bill's abolition of
Medicare Australia and support the integration of portfolio service
delivery with all employees of the integrated Department able to
assist in the carrying out of the Chief Executive Medicare's
functions.
Item 139 Subsection 41(2)
939. This item omits the reference to "Medicare Australia CEO" and
replaces it with "Chief Executive Medicare". This change is
consequential on the abolition of the statutory office of Chief
Executive Officer Medicare Australia and the creation of a new
statutory office of Chief Executive Medicare.
940. This item also omits the reference to the "Medicare Australia Act
1973" and replaces it with the Human Services (Medicare) Act 1973.
This change reflects the renaming of the Act by this Bill.
Item 140 Paragraphs 41(3)(b) and (c)
941. This item repeals these paragraphs conferring powers of delegation
and substitutes new paragraphs (b) and (c).
942. In paragraph (b) the reference to "Medicare Australia CEO" is
replaced with "Chief Executive Medicare." This change is
consequential on the abolition of the statutory office of Chief
Executive Officer of Medicare Australia and the creation of a new
statutory office of Chief Executive Medicare.
943. In paragraph (c), the reference to "an employee of Medicare
Australia" is replaced with "a Departmental employee (within the
meaning of the Human Services (Medicare) Act 1973". This change
supports the integration of portfolio service delivery and
implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Medicare's functions.
Item 141 Subsection 42(1)
944. This items amends the paragraph by replacing references to
"Medicare Australia CEO" with "Chief Executive Medicare".
945. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Item 142 Subsection 42(3) (paragraph (a) of the definition of
authorised officer)
946. This item amends the reference to the "Medicare Australia Act 1973"
and replaces it with the Human Services (Medicare) Act 1973. This
change reflects the renaming of the Act by this Bill.
Item 143 Subsection 42(3) (paragraph (b) of the definition of authorised
officer)
947. This item amends subsection 42(3)'s definition of "authorised
officer" for purposes of conferring powers to require production of
document and information by replacing the reference to "an employee
of Medicare Australia" with a reference to "a Departmental employee
(within the meaning of the Human Services (Medicare) Act 1997)" as
amended by this Bill.
948. These changes are consequential on this Bill's abolition of
Medicare Australia and support the integration of portfolio service
delivery with all employees of the integrated Department able to
assist in the carrying out of the Chief Executive Medicare's
functions.
Item 144 Subsection 42(3) (paragraph (b) of the definition of
authorised officer)
949. This items amends the paragraph by replacing the reference to
"Medicare Australia CEO" with "Chief Executive Medicare".
950. This change is consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Items 145 - 147
951. These items amend the legislative provisions in the table below by
replacing references to "employee of Medicare Australia" with
references to "a Departmental employee (within the meaning of the
Human Services (Medicare) Act 1997)" as amended by this Bill.
|Item |Legislative Provision |
|145 |Paragraph 43(1)(c) |
|146 |Subsection 43(3) |
|147 |Subsection 43(5) |
952. These provisions deal with the requirements for notices to produce
information under section 42. The changes made by these items to
section 45 are consequential on the changes to section 42 made by
this Schedule.
Items 148 and 149 Subsection 43(5), Section 46
953. These items amend these provisions by replacing references to
"Medicare Australia CEO" with "Chief Executive Medicare".
954. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Health and Other Services (Compensation) Care Charges Act 1995
Items 150 and 151 Paragraph 6(6)(a), Paragraph 8(6)(a)
955. These items amend the legislative provisions by replacing
references to "Medicare Australia CEO" with "Chief Executive
Medicare".
956. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Healthcare Identifiers Act 2010
Item 152 Section 5
957. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Items 153 and 154 Section 5
958. Item 153 inserts a definition "Human Services Department" as the
Department administered by the Human Services Minister. Item 154
inserts a definition of "Human Services Minister" as the Minister
administering the Human Services (Medicare) Act 1973.
959. The defined term "Human Services Department" is used in section
12's provisions as amended by this Schedule dealing with disclosure
of information to the service operator.
Item 155 Section 5
960. This item inserts a definition of the term "medicare program" by
reference to the Human Services (Medicare) Act 1973 as amended by
this Bill.
Item 156 Section 5 (definition of service operator)
961. This item amends the paragraph by replacing the reference to "Chief
Executive Officer of Medicare Australia with "Chief Executive
Medicare".
962. This change is consequential on the abolition of the statutory
office of Chief Executive Officer and the creation of a new
statutory office of Chief Executive Medicare.
Item 157 Paragraph 12(2)(a)
963. This item repeals this paragraph identifying "data sources" which
has a reference to "Medicare Australia" and substitutes a paragraph
referring to the "Human Services Department".
964. This change is consequential on this Bill's abolition of Medicare
Australia and transfer of Medicare Australia records to the
Department of Human Services.
Item 158 At the end of subsection 12(3)
965. Subsection 12(1) authorises "data sources" to transfer some
identifying information for healthcare identifier purposes to the
service operator. This item adds subsection (4) which applies when
the data source is the Human Services Department to exclude from
the operation of subsection 12(1), identifying information which
was not obtained in connection with a medicare program.
966. The intent of this provision is to exclude from the disclosure
authorisation in subsection 12(1) information held by the
Department of Human Services which is not connected with a
"medicare program", such as information connected with "centrelink
programs".
Health Insurance Act 1973
Item 159 Subsection 3(1) (definition of Centrelink CEO)
967. This item repeals the definition of "Chief Executive Officer"
because this Bill repeals the relevant provisions of the CSDA Act
establishing that position. The term will no longer be used in the
Act.
968. This change is consequential on the abolition of the statutory
office of the "Centrelink CEO" and the creation of the statutory
office of "Chief Executive Centrelink".
Item 160 Subsection 3(1)
969. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
970. This change is consequential on the abolition of the statutory
office of the "Centrelink CEO" and the creation of the statutory
office of "Chief Executive Centrelink."
Item 161 Subsection 3(1)
971. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 162 Subsection 3(1) (definition of employee of Centrelink)
972. This item repeals this definition because the Bill abolishes
Centrelink.
Item 163 Subsection 3(1) (definition of employee of Medicare Australia)
973. This item repeals this definition because the Bill abolishes
Medicare Australia.
Items 164 and 165 Subsection 3(1)
974. Item 164 inserts a definition "Human Services Department" as the
Department administered by the Human Services Minister. Item 165
inserts a definition of "Human Services Minister" as the Minister
administering the Human Services (Centrelink) Act 1997.
Item 166 Subsection 3(1) (definition of Medicare Australia CEO)
975. This item repeals the definition because this Bill abolishes the
statutory office of Chief Executive Officer of Medicare Australia.
Item 167 Subsection 3(1)
976. This item inserts a definition of the term "medicare program" by
reference to the Human Services (Medicare) Act 1973 as amended by
this Bill.
Items 168 - 275, except for Items 256, 266, 268-272 and 275
977. These items amend the provisions referred to in the table below:
. by replacing references to "Medicare Australia CEO" with references
to "Chief Executive Medicare". These changes are consequential on
the abolition of the statutory office of Medicare Australia CEO and
the creation of a new statutory office of Chief Executive Medicare;
and/or
. by replacing references to "an employee of Medicare Australia with
references to "a Departmental employee (within the meaning of the
Human Services (Medicare) Act 1973)" as amended by this Bill.
These changes are consequential on this Bill's abolition of
Medicare Australia. These changes also support the integration of
portfolio service delivery and implement the objective that all of
the employees of the integrated Department should be available to
assist in the carrying out of the Chief Executive Medicare's
functions.
|Item |Legislative Provision |
|168 |Subsection 3D(1) |
|169 |Subsection 3D(3) |
|170 |Paragraph 3DA(3)(a) |
|171 |Subsections 3EA(1) to (6) |
|172 |Subsection 3EA(7) |
| |(definition of authorised |
| |officer) |
|173 |Section 3EB |
|174 |Subsections 3F(2), (4), |
| |(7), (8) and (9) |
|175 |175 Subsection 3F(10) |
|176 |Sections 3G to 3GB |
|177 |Subsections 10AA |
|178 |Sections 10AC to 10AE |
|179 |Subparagraphs 16B(7)(e)(i) |
|180 |Subparagraph 16B(11)(d)(i) |
|181 |Paragraph 19AB(6)(b) |
|182 |Subsection 19AB(6) |
|183 |Subsection 19D(12) |
|184 |Sections 20 to 20AB |
|185 |Subsection 20AC(1) |
|186 |Subsection 20AC(2) |
|187 |Paragraph 20AC(2)(a) |
|188 |Paragraph 20AC(2)(b) |
|189 |Subsections 20AC(3) to (5) |
|190 |Subsections 20AD(1) to (3) |
|191 |Subsection 20AD(4) |
|192 |Subsection 20AD(5) |
|193 |Section 20B |
|194 |Paragraph 20BA(1)(e) |
|195 |Subsection 20BA(2) |
|196 |Subsection 20BA(3) |
|197 |Paragraph 20BA(3)(c) |
|198 |Paragraph 20BA(3)(d) |
|199 |Subsection 20BA(4) |
|200 |Subsection 20BA(5) |
|201 |Paragraphs 23DK(1A)(c) and |
| |(2A)(c) |
|202 |Subsection 23DK(3) |
|203 |Subsection 23DK(4) |
|204 |Subsection 23DKA(4) |
|205 |Subsection 23DKA(5) |
|206 |Paragraphs 23DKA(7)(a) and |
| |(b) |
|207 |Subsection 23DR(2) |
|208 |Subsection 23DR(3) |
|209 |Subsection 23DS(4) |
|210 |Subsection 23DS(5) |
|211 |Paragraphs 23DS(7)(a) and |
| |(b) |
|212 |Sections 23DSC and 23DSD |
|213 |Paragraph 23DZZIK(3)(a) |
|214 |Paragraph 23DZZIL(3)(a) |
|215 |Paragraph 23DZZIM(3)(a) |
|216 |Paragraph 23DZZIQ(7)(a) |
|217 |Paragraph 23DZZIR(5)(a) |
|218 |Paragraph 23DZZIS(5)(a) |
|219 |Section 46A (paragraph (b) |
| |of the definition of |
| |information relating to a |
| |child's Australian |
| |immunisation encounter) |
|220 |Section 46A (definition of |
| |recognised immunisation |
| |provider) |
|221 |Section 46B |
|222 |Paragraphs 46B(b) and (d) |
|223 |Sections 46C and 46D |
|224 |Subsection 46E(1) |
|225 |Paragraph 46E(1)(c) |
|226 |Subsection 46E(2) |
|227 |Subsection 80(3) |
|228 |Subsection 81(1) (paragraph|
| |(a) of definition of review|
| |period) |
|229 |Division 3 of Part VAA |
| |(heading) |
|230 |Subsection 86(1) |
|231 |Subsection 87(1) |
|232 |Subsection 88(1) |
|233 |Subsection 88(3) |
|234 |Section 88A |
|235 |Sections 89 and 89A |
|236 |Subsection 91(2) |
|237 |Paragraph 92(4)(c) |
|238 |Subsection 93(7) |
|239 |Paragraphs 105(1)(b) and |
| |2(b) |
|240 |Paragraph 106G(b) |
|241 |Subsections 106J(2) and (3)|
|242 |Subsection 106KB(2) |
|243 |Section 106KC |
|244 |Subparagraph |
| |106KE(1)(b)(iii) |
|245 |Subsection 106L(5)(a)(iii) |
|246 |Subsection 106N |
|247 |Section 106W |
|248 |Subsection 106ZPM(3) |
|249 |Paragraph 124EC(b) |
|250 |Section 124EC |
|251 |Subsection 125A(1) |
|252 |Paragraph 125D(b) |
|253 |Subsection 129AAC(1) |
|254 |Section 129AC |
|255 |Section 129AF |
|257 |Subsections 130(3) and (3A)|
|258 |Paragraph 130(3D)(a) |
|259 |Paragraph 130(4A)(a) |
|260 |Subsection 130(5) |
|261 |Subsection 130(5E) |
|262 |Subsection 130(6) |
|263 |Paragraph 130(6)(ca) |
|264 |Paragraph 130(6)(f) |
|265 |Subsection 130(7) |
|267 |Paragraph 130(7)(h) |
|268 |Paragraph 130(9)(aa) |
|273 |Subsections 131(1) to (3) |
|274 |Subsection 131(4) |
| |(paragraphs (b) and (c) of |
| |the definition of officer) |
Item 256 Subsection 130(1)
978. Under the heading Officers to observe secrecy section 130(1) makes
it an offence - subject to detailed exceptions - for a person who
is or has been an "officer" "to make a record of, or divulge or
communicate to any person, any information with respect to the
affairs of another person acquired by him or her in the performance
of his or her duties, or in the exercise of his or her powers or
functions, under this Act".
979. This item replaces a current exception for things done for the
purpose of enabling a person to perform functions "under the
Medicare Australia Act 1973" with an exception expressed to be for
things done for the purpose of enabling a person to perform
functions "in relation to a medicare program".
980. The programs which are covered by the section 41G definition of
"medicare programs" inserted by this Bill in the MA Act are co-
extensive with the functions currently performed by the Chief
Executive Officer under the Medicare Australia Act 1973 in its
current form.
981. The amendment of this aspect of subsection 130(1) corresponds to
the definition of "officer" subsection (25) as amended by item 268
of this Schedule.
Item 266 Paragraph 130(7)(e)
982. This item omits the reference to "CEO or an employee of Centrelink"
and substitutes "Chief Executive Centrelink or a Departmental
employee (within the meaning of the Human Services (Centrelink) Act
1997)."
983. This change is consequential on this Bill's abolition of the
statutory office of Chief Executive Officer of Centrelink and the
creation of a new statutory office of Chief Executive Medicare and
on the abolition of Centrelink as a separate agency with service
delivery through the Department of Human Services.
Item 269 Subsection 130(25) (definition of officer)
984. This item amends the definition of "officer" for the purposes of
this section by replacing the reference to a person performing
duties, or exercising powers or functions, under or in relation to
the MA Act with a reference to persons performing duties, or
exercising powers or functions, under or in relation to a "medicare
program".
985. The purpose of this amendment is to prevent any suggestion that
following amendment and renaming of the Human Services (Medicare)
Act 1973 all Department of Human Services employees are "officers"
for purposes of section 130. The amendment made by this item
limits the definition of "officer" to those employees of the
Department who have involvement in a medicare program.
Item 270 Subsection 130G(1)
986. Subsection 130G requires the courts to take judicial notice of a
signature of the Centrelink CEO or an employee of Centrelink on a
document as prima facie evidence of the facts and statements
contained in the document. This item amends subsection 130G(1) by
replacing the reference to "Centrelink CEO" with a reference to
"Chief Executive Centrelink".
987. This change is consequential on the abolition of the statutory
office of Centrelink CEO and the creation of a new statutory office
of Chief Executive Centrelink.
Item 271 Subsection 130G(1)
988. This item amends subsection 130G(1) to replace the reference to "an
employee of Centrelink" with "a Departmental employee (within the
meaning of the Human Services (Centrelink) Act 1997)".
989. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 272 Transitional - signature of Centrelink CEO or employee of
Centrelink
990. Item 272 inserts a transitional provision to ensure that, despite
the amendments to section 130G made by this Bill, section 130G
applies to the signature of a person who held the office of the
Centrelink CEO before the commencement of this item, or was an
employee of Centrelink before the commencement of this item, as if
the amendments to section 130G had not been made.
Item 275 Subsection 131A(1)
991. This item repeals the section as this Bill abolishes Centrelink.
Hearing Services Administration Act 1997
Item 276 Section 4
992. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 277 Subsection 21(10) (paragraph (d) of the definition of body)
993. This item repeals the section and substitutes a new section which
replaces the reference to the "Chief Executive Officer of Medicare
Australia" with "the Chief Executive Medicare".
994. This change is consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Higher Education Support Act 2003
Item 278 Paragraph 46-20(2)(m)
995. This item omits the reference to "or the Chief Executive Officer, or
an employee, of Centrelink" and substitutes ", the Chief Executive
Centrelink or a Departmental employee (within the meaning of the
Human Services (Centrelink) Act 1997)".
996. This change is consequential on this Bill's abolition of the
statutory office of Chief Executive Officer of Centrelink and the
creation of a new statutory office of Chief Executive Centrelink
and on the abolition of Centrelink as a separate agency with
service delivery through the Department of Human Services.
Item 279 Subclause 1(1) of Schedule 1 (definition of Centrelink)
997. This item repeals this definition because the term will no longer
be used in the Act. The Bill abolishes Centrelink.
Item 280 Subclause 1(1) of Schedule 1
998. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 281 Subclause 1(1) of Schedule 1 (definition of employee)
999. This item repeals this definition of employee in relation to the
"Commonwealth Services Delivery Agency Act 1997" (Centrelink).
1000. This repeal is consequential on the abolition of Centrelink as a
separate agency.
Income Tax Assessment Act 1936
Item 282 Subsection 6(1)
1001. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Items 283 and 284
1002. These items amend the references to "the Chief Executive Officer of
the Commonwealth Services Delivery Agency, established by the
Commonwealth Services Delivery Agency Act 1997" with "Chief
Executive Centrelink".
1003. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer of the Commonwealth Services
Delivery Agency and the creation of a new statutory office of Chief
Executive Centrelink.
|Item |Legislative Provision |
|283 |Subsection 202CB(6) |
|284 |Subsection 202CE(7) |
Income Tax Assessment Act 1997
Item 285 Subsection 54-40(2) (note)
1004. This item amends the reference to "Centrelink" in subsection 54-
40(2) (note) and replaces it with "the Department administered by
the Minister administering the Human Services (Centrelink) Act
1997".
Medical Indemnity Act 2002
Items 286 - 356, except for Items 286, 287, 289, 290 and 356
1005. These items amend the provisions referred to in the table below:
. by replacing references to "Medicare Australia CEO" or
"Medicare CEO" with references to "Chief Executive Medicare".
These changes are consequential on the abolition of the
statutory office of Medicare Australia CEO and the creation of
a new statutory office of Chief Executive Medicare; and/or
. by replacing references to "an employee of Medicare Australia
with references to "a Departmental employee (within the
meaning of the Human Services (Medicare) Act 1973)" as amended
by this Bill. These changes are consequential on this Bill's
abolition of Medicare Australia. These changes also support
the integration of portfolio service delivery and implement
the objective that all of the employees of the integrated
Department should be available to assist in the carrying out
of the Chief Executive Medicare's functions; and/or
. by replacing references to "Medicare Australia Act 1973" with
references to "Human Services (Medicare) Act 1973" which will
be the name of the Medicare Australia Act 1973 as amended and
renamed by this Bill.
|Item |Legislative Provision |
|288 |Subsection 4(1) (paragraph |
| |(c) of the definition of |
| |late payment penalty) |
|291 |Subsection 4(1) (definition|
| |of qualifying claims |
| |certificate) |
|292 |Subsection 10(2) (table |
| |item 9) |
|293 |Section 13 |
|294 |Paragraph 16(1)(f) |
|295 |Paragraph 17(1)(g) |
|296 |Paragraph 19(b) |
|297 |Subsections 23 |
|298 |Sections 24 and 25 |
|299 |Subsection 26(1) |
|300 |Subsections 27(3) and (4) |
|301 |Section 27B |
|302 |Subsection 28(2) (table |
| |item 7) |
|303 |Section 34AB |
|304 |Subsection 34A(3) (table |
| |item 12) |
|305 |Subsection 34E(1) |
|306 |Subsections 34E(4) and (5) |
|307 |Sections 34H and 34I |
|308 |Section 34J |
|309 |Section 34K |
|310 |Section 34L |
|311 |Section 34Q |
|312 |Subsection 34T(3) |
|313 |Paragraph 34T (4)(a) |
|314 |Section 34U |
|315 |Subsection 34V(1) |
|316 |Subsections 34W(3) and (4) |
|317 |Section 34Y |
|318 |Subsection 34ZA(3) (table |
| |items 7 and 13) |
|319 |Paragraphs 34ZB(4A)(b) and |
| |(4B)(c) |
|320 |Paragraph 34ZC(1)(e) |
|321 |Subsections 34ZJ(3) |
|322 |Paragraph 34ZJ(4)(a) |
|323 |Section 34ZK |
|324 |Subsection 34ZL(1) |
|325 |Subsections 34ZM(3) and (4)|
|326 |Section 34ZO |
|327 |Section 34ZT |
|328 |Section 34ZU |
|329 |Subsection 35(2) (table |
| |item 3) |
|330 |Sections 36 to 37B |
|331 |Section 38 |
|332 |Sections 39 to 41 |
|333 |Section 42 |
|334 |Section 44 |
|335 |Section 44A |
|336 |Section 44B |
|337 |Subsections 46(1) and (2) |
|338 |Subsection 50(3) (table |
| |item 13) |
|339 |Paragraph 52(2)(f) |
|340 |Section 53 |
|341 |Section 56 |
|342 |Subsection 57(3) (table |
| |item 10) |
|343 |Subsection 59A(2) (table |
| |item 10) |
|344 |Section 59E |
|345 |Subsection 60(2) (table |
| |item 7) |
|346 |Sections 62 to 66 |
|347 |Section 66A |
|348 |Sections 66B to 68 |
|349 |Section 69 |
|350 |Section 70 |
|351 |Section 71 |
|352 |Section 72 |
|353 |Subsections 74(1) and (2) |
|354 |Section 75 |
|355 |Section 76 |
| | |
Item 286 Subsection 4(1)
1006. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 287 Subsection 4(1)
1007. This item inserts a new definition "Human Services Minister" to
identify the portfolio Minister responsible for the administration
of the Human Services (Medicare) Act 1973.
Item 289 Subsection 4(1) (definition of Medicare Australia CEO)
1008. This item repeals the definition as this Bill abolishes Medicare
Australia.
Item 290 Subsection 4(1)
1009. This item inserts a definition of the term "medicare program" by
reference to the Human Services (Medicare) Act 1973 as amended by
this Bill.
Item 356 Subparagraph 77(2)(c)(iii)
1010. Under the heading Officers to observe secrecy section 77 makes it
an offence - subject to detailed exceptions - for a person who is
an "officer" to deal with protected information in certain ways.
1011. This item repeals this subparagraph which provides an exception if
the person dealt with the information for the purpose of enabling a
person to perform functions "under the Medicare Australia Act 1973"
and substitutes a subparagraph which refers to a purpose of
enabling a person to perform functions under "a medicare program".
1012. The programs which are covered by the section 41G definition of
"medicare programs" inserted by this Bill in the Medicare Australia
Act 1973 renamed as the Human Services (Medicare) Act 1973 are co-
extensive with the functions performed by the Chief Executive
Officer under the Medicare Australia Act 1973 in its current form.
Accordingly, this amendment does not widen this exception to
section 77.
Item 357 Subsections 77(3) and (4)
1013. This item amends subsections 77(3) and (4) by replacing references
to " Medicare Australia CEO" with "Chief Executive Medicare".
1014. These changes are consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Medical Indemnity (Prudential Supervision and Product Standards) Act 2003
Item 358 Subsection 4(1)
1015. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 359 Paragraph 26D(2)(b)
1016. This item replaces the reference to "Chief Executive Officer of
Medicare Australia" with "Chief Executive Medicare".
1017. This change is consequential on the abolition of the statutory
office of Medicare Australia Chief Executive Officer and the
creation of a new statutory office of Chief Executive Medicare.
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010
Items 360 - 418, except for Items 361 and 416
1018. These items amend the provisions referred to in the table below:
. by replacing references to "Medicare Australia CEO" or
"Medicare CEO" with references to "Chief Executive Medicare".
These changes are consequential on the abolition of the
statutory office of Medicare Australia CEO and the creation of
a new statutory office of Chief Executive Medicare; and/or
. by replacing references to "an employee of Medicare Australia
with references to "a Departmental employee (within the
meaning of the Human Services (Medicare) Act 1973)" as amended
by this Bill. These changes are consequential on this Bill's
abolition of Medicare Australia. These changes also support
the integration of portfolio service delivery and implement
the objective that all of the employees of the integrated
Department should be available to assist in the carrying out
of the Chief Executive Medicare's functions.
|Item |Legislative Provision |
|360 |Subsection 5(1) (definition|
| |of apportionment |
| |certificate) |
|362 |Subsection 5(1) (definition|
| |of Level 1 qualifying claim|
| |certificate) |
|363 |Subsection 5(1) (definition|
| |of Level 2 qualifying claim|
| |certificate) |
|364 |Subsection 5(1) (definition|
| |of Medicare Australia CEO) |
|365 |Subsection 9(3) (table item|
| |2) |
|366 |Subsection 9(3) (table item|
| |13) |
|367 |Section 11 |
|368 |Sections 12 and 13 |
|369 |Section 14 |
|370 |Section 15 |
|371 |Subparagraph 16(1)(c)(ii) |
|372 |Subsection 18(1) |
|373 |Subparagraph 18(1)(d)(ii) |
|374 |Subsection 18(4) |
|375 |Section 22 |
|376 |Subsection 25 |
|377 |Section 26 |
|378 |Subsection 27(1) |
|379 |Section 28 |
|380 |Subsection 29(2) (table |
| |items 8 and 14) |
|381 |Paragraphs 31(3)(b) and |
| |(4)(c) |
|382 |Subparagraph 32(1)(c)(ii) |
|383 |Paragraph 32(1)(f) |
|384 |Section 37 |
|385 |Section 38 |
|386 |Subsection 39(1) |
|387 |Section 40 |
|388 |Subsection 45 |
|389 |Section 46 |
|390 |Subsection 50(2) (table |
| |item 1) |
|391 |Subsection 50(2) (table |
| |item 7) |
|392 |Subsection 51(1) |
|393 |Subparagraph 51(1)(a)(i) |
|394 |Paragraph 51(1)(b) |
|395 |Subsections 51(2) to (7) |
|396 |Subsection 52(1) |
|397 |Sections 53 and 54 |
|398 |Section 55 |
|399 |Subsection 56(1) |
|400 |Subsection 56(2) |
|401 |Subsections 56(3) to (6) |
|402 |Sections 57 to 61 |
|403 |Section 62 |
|404 |Sections 63 and 64 |
|405 |Section 65 |
|406 |Section 67 |
|407 |Subsection 72(3) (table |
| |item 10) |
|408 |Sections 76 and 77 |
|409 |Subsection 79(3) |
|410 |Section 80 |
|411 |Section 81 |
|412 |Section 82 |
|413 |Section 83 |
|414 |Sections 85 and 86 |
|415 |Section 87 |
|417 |Subsection 88(3) |
|418 |Subsection 90(2) |
Item 361 Subsection 5(1)
1019. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 416 Subparagraph 88(2)(c)(iii)
1020. Under the heading Officers to observe secrecy section 88 makes it
an offence - subject to detailed exceptions - for a person who is
an "officer" to deal with protected information in certain ways.
1021. This item repeals this subparagraph which provides an exception if
the person dealt with the information for the purpose of enabling a
person to perform functions "under the Medicare Australia Act 1973"
and substitutes a subparagraph which refers to a purpose of
enabling a person to perform functions under "a medicare program".
1022. The programs which are covered by the section 41G definition of
"medicare programs" inserted by this Bill in the Medicare Australia
Act 1973 renamed as the Human Services (Medicare) Act 1973 are co-
extensive with the functions performed by the Chief Executive
Officer under the Medicare Australia Act 1973 in its current form.
National Health Act 1953
Item 419 Subsection 4(1)
1023. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 420 Subsection 4(1)
1024. This item inserts a definition of "Human Services Minister" as the
Minister administering the Human Services (Medicare) Act 1973.
Item 421 Subsection 4(1) (definition of Medicare Australia CEO)
1025. This item repeals this definition of "Medicare Australia CEO" as
the Chief Executive Officer of Medicare Australia. This change is
consequential on this Bill's abolition of the statutory office of
Chief Executive Officer of Medicare Australia.
Item 422 Subsection 4(1)
1026. This item inserts a definition of "medicare program" by reference
to the Human Services (Medicare) Act 1973 which will be the name of
the Medicare Australia Act 1973 as amended and renamed by this
Bill.
1027. This definition is used in provisions of section 135A of the Act as
amended by this Bill which deal with obligations to observe
secrecy.
Items 423 - 457
1028. The following items amend the provisions referred to in the table
below:
. by replacing references to "Medicare Australia CEO" or "a
member of the staff of Medicare Australia" with references to
"Chief Executive Medicare". These changes are consequential
on the abolition of the statutory office of Medicare Australia
CEO and the creation of a new statutory office of Chief
Executive Medicare; and/or
. by replacing references to "an employee of Medicare Australia
with references to "a Departmental employee (within the
meaning of the Human Services (Medicare) Act 1973)" as amended
by this Bill. These changes are consequential on this Bill's
abolition of Medicare Australia. These changes also support
the integration of portfolio service delivery and implement
the objective that all of the employees of the integrated
Department should be available to assist in the carrying out
of the Chief Executive Medicare's functions.
.
|Item |Legislative Provision |
|423 |Paragraph 12(3)(e) |
|424 |Subsection 13(1) |
|425 |Subsection 14(1) and (2) |
|426 |Subsection 14(3) |
|427 |Subsection 14(4) |
|428 |Subparagraph 14(4)(c)(ii) |
|429 |Subsections 14(5) |
|430 |Subsections 15(1) and (2) |
|431 |Subsection 15(3) |
|432 |Subsection 15(4) |
|433 |Subparagraph 14(4)(c)(ii) |
|434 |Subsection 15(5) |
|435 |Subsection 84(1) |
| |(definition of CTS claim) |
|436 |Subsection 84(1) (paragraph|
| |(a) of the definition of |
| |medicare card) |
|437 |Subsection 84(1) (paragraph|
| |(b) of the definition of |
| |medicare number) |
|438 |Subsection 84(10) |
|439 |Paragraph 86B(3)(c) |
|440 |Subsection 86C(5) |
|441 |Subsection 86C(7) (note 1) |
|442 |Subsections 99(7) and (8) |
|443 |Subsection 99ZH(1) |
| |(definition of PBS |
| |monitoring purposes) |
|444 |Subsection 99ZH(1) |
| |(paragraph (a) of the |
| |definition of PBS |
| |regulatory purposes) |
|445 |Sections 99ZJ and 99ZK |
|446 |Section 99ZN |
|447 |Section 99ZO |
|449 |Subsection 99ZR(2) |
|450 |Paragraph 99ZS(1)(c) |
|451 |Subsection 99ZS(2) |
|452 |Subsection 99ZS(2) |
|453 |Paragraph 99ZS(2)(a) |
|454 |Subsection 99ZS(3) |
|455 |Section 99ZT |
|456 |Subsection 103(4AD) |
Item 457 Subsection 135A(1)
1029. Under the heading Officers to observe secrecy subsection 135A(1)
makes it an offence - subject to detailed exceptions - for a person
who is or has been an "officer" "to make a record of, or divulge or
communicate to any person, any information with respect to the
affairs of another person acquired by him or her in the performance
of his or her duties, or in the exercise of his or her powers or
functions, under this Act".
1030. This item replaces a current exception for things done for the
purpose of enabling a person to perform functions "under the
Medicare Australia Act 1973" with an exception expressed to be for
things done for the purpose of enabling a person to perform
functions "in relation to a medicare program".
1031. The programs which are covered by the section 41G definition of
"medicare programs" inserted by this Bill in the Medicare Australia
Act 1973 are co-extensive with the functions performed by the Chief
Executive Officer under the Medicare Australia Act 1973 in its
current form. Accordingly, this amendment does not widen this
exception to section 135A.
Item 458 Paragraph 135A(6)(ea)
1032. This item repeals the paragraph and substitutes another paragraph.
1033. The new paragraph replaces a reference to "CEO" (of Centrelink)
with a reference to "Chief Executive Centrelink" and replaces a
reference to "employee" (of Centrelink) with a reference to
"Departmental employee (within the meaning of the Human Services
(Centrelink) Act 1997" (as amended and renamed by this Bill).
1034. These changes are consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1035. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Items 459 - 460
1036. These items replace the references to "CEO or an employee of the
Services Delivery Agency" in paragraphs 135A(7)(g) and 135A(9)(aa)
with references to "Chief Executive Centrelink or a Departmental
employee (within the meaning of the Human Services (Centrelink) Act
1997" (as amended and renamed by this Bill).
1037. These changes are consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1038. These changes support the integration of portfolio service delivery
and implement the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 461 Subsection 135A(24) (definition of CEO)
1039. This item repeals the definition of "Chief Executive Officer" by
reference to the CSDA Act because this Bill abolishes that
position. The term will no longer be used in the Act.
Item 462 Subsection 135A(24)
1040. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 463 Subsection 135A(24) (definition of employee)
1041. This item repeals the definition of "employee" in relation to the
"Services Delivery Agency" (Centrelink).
1042. This repeal is consequential on the abolition of Centrelink as a
separate agency.
Item 464 Subsection 135A(24) (definition of Services Delivery Agency)
1043. This item repeals the definition of "Services Delivery Agency"
(Centrelink).
1044. This repeal is consequential on the abolition of Centrelink as a
separate agency.
Item 465 Paragraph 135AAA(2)(d) and (4)(d)
1045. Subsections 135AAA(1) and 135AAA(3) create offences - subject to
detailed exceptions - for a PBS prescriber or an approved supplied
to make unauthorised disclosure or use of Medicare number
information.
1046. Subsections (2)(d) and (4)(d) provide that such disclosure or use
is not an offence if it was done for the purpose of enabling a
person to perform functions under the Medicare Australia Act 1973
in relation to that Scheme".
1047. This item omits the references to "the Medicare Australia Act 1973"
and substitutes references to "in relation to a medicare program".
1048. The programs which are covered by the section 41G definition of
"medicare programs" inserted by this Bill in the Medicare Australia
Act 1973 renamed as the Human Services (Medicare) Act 1973 are co-
extensive with the functions performed by the Chief Executive
Officer under the Medicare Australia Act 1973 in its current form.
Item 466 Subsection 135AA(5A)
1049. This item replaces a reference to "Medicare Australia CEO" with a
reference to "Chief Executive Medicare".
1050. This change is consequential on the abolition of the statutory
office of Medicare Australia CEO and the creation of a new
statutory office of Chief Executive Medicare.
Item 467 Subsection 135AC(2) (paragraph (b) of the definition of health
law)
1051. This item replaces the reference to "Medicare Australia Act 1973"
with a reference to "Human Services (Medicare) Act 1973".
1052. This change is consequential on the amendment and renaming of the
Medicare Australia Act 1973 as the Human Services (Medicare) Act
1973.
Paid Parental Leave Act 2010
Item 468 Section 6 (definition of CEO)
1053. This item repeals the definition of "Chief Executive Officer" by
reference to the CSDA Act because this Bill abolishes that
position. The term will no longer be used in the Act.
Item 469 Section 6
1054. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 470 Section 6
1055. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Items 471 and 472 Section 6
1056. Item 471 inserts a definition "Human Services Department" as the
Department administered by the Human Services Minister. Item 472
inserts a definition "Human Services Minister" as the Minister
administering the Human Services (Centrelink) Act 1997 (as amended
by this Bill).
1057. The term "Human Services Department" is used in a number of
provisions as amended by this Schedule.
Item 473 Section 6 (paragraphs (b) and (c) of the definition of PPL
agency)
1058. This item amends the definition of "PPL Agency" by repealing
paragraph (b) (which refers to the "Commonwealth Services Delivery
Agency") and paragraph (c) (which refers to "Medicare Australia")
and substituting a new paragraph (b) referring to "the Human
Services Department".
1059. This change is consequential on the abolition of the Commonwealth
Services Delivery Agency (Centrelink) and Medicare Australia.
Item 474 Section 6 (definition of PPL agency head)
1060. The Chief Executive Officer of Centrelink and the Chief Executive
Officer of Medicare Australia are agency heads within the current
definition but their statutory offices and their agencies are being
abolished by this Bill. The Chief Executive Medicare and the Chief
Executive Centrelink will have similar roles under this Act but
they are not agency heads.
1061. This item repeals the definition of "PPL Agency Head". The term
will no longer be used in the Act.
Item 475 Section 6
1062. This term inserts a new definition of "PPL agency representative"
which includes - for the Human Services Department - the Chief
Executive Medicare and the Chief Executive Centrelink.
Item 476 Section 6 (before paragraph (a) of the definition of protected
information)
1063. This item inserts a new paragraph (aa) referring to information
about a person that is or was held in the records of the Department
or the Human Services Department.
Item 477 Section 6 (paragraph (a) of the definition of protected
information)
1064. This item amends paragraph (a)'s category of protected information
being "information about a person that is or was held in the
records of the Department or the Commonwealth Services Delivery
Agency" by substituting the words "information about a person that
was held in the records of the Commonwealth Services Delivery
Agency (within the meaning of the Commonwealth Services Delivery
Agency Act 1997 as in force before 1 July 2011)".
1065. The intention of this amendment is to maintain the "protected
information" status of Centrelink records after abolition of
Centrelink and the transfer of the records to the Department of
Human Services. Information that is held by the Department
administering this Act will continue to be protected under the new
paragraph (aa).
Item 478 Section 6 (paragraph (b) of the definition of protected
information)
1066. This item amends paragraph (b)'s category of protected information
being "information about a person obtained by an officer under this
Act that is or was held in the records of Medicare Australia" by
substituting the words "information about a person that was held in
the records of Medicare Australia (within the meaning of the
Medicare Australia Act 1973 as in force before 1 July 2011)".
1067. The intention of this amendment is to maintain the "protected
information" status of Medicare Australia records after abolition
of Medicare Australia and the transfer of the records to the
Department of Human Services.
Item 479 Section 6 (definition of service arrangements)
1068. This definition is being repealed because the definitions in the
CSDA Act and the MA Act are being repealed.
Items 480 - 498, except for Items 485, 487, 490, 491 and 492.
1069. These items amend the provisions referred to in the table below by
replacing references to "PPL agency head" with "PPL agency
representative".
1070. This Schedule repeals the definition of the term "PPL agency head"
and inserts a definition for "PPL representative" to include the
Chief Executive Centrelink and the Chief Executive Medicare.
1071.
|Item |Legislative Provision |
|480 |Subsection 206(4) |
|481 |Subsection 207(4) |
|482 |Paragraph 208(4)(b) |
|483 |Section 213 |
|484 |Paragraph 215(1)(d) |
|486 |Subparagraph 218(c)(ii) |
|488 |Paragraph 223(1)(d) |
|489 |Subparagraph 226(c)(ii) |
|491 |Section 231 |
|493 |Division 3 of Part 5-3 |
| |(heading) |
|494 |Section 236 |
|495 |Division 4 of Part 5-3 |
| |(heading) |
|496 |Section 240 |
|497 |Subsection 257(3) |
|498 |Subsection 257(6) |
Item 485 Subparagraphs 217(1)(a)(iii) and (iv)
1072. Subsection 217(1) allows an applicant for SSAT review of a
reviewable decision to deliver their application at a Centrelink
office or a Medicare Australia office according to whether the
decision was a decision of the CEO or an employee of Centrelink or
was a decision of the CEO or an employee of Medicare Australia.
1073. This item repeals these subparagraphs and substitutes a single
subparagraph (iii) allowing for delivery of any application for
review of a decision by the Chief Executive Centrelink or the Chief
Executive Medicare or an APS employee of the Human Services
Department to be made at an office of the Human Services
Department.
1074. These changes are consequential on the integration of Centrelink
and Medicare Australia into the Department of Human Services.
Item 487 Paragraphs 221(1)(c) and (d)
1075. This item repeal the provisions identifying the party for SSAT
review where the CEO Centrelink, or an employee of Centrelink made
the decision or where the CEO or an employee of Medicare Australia
made the decision.
1076. This item substitutes provisions which refer instead to the Chief
Executive Centrelink, the Chief Executive Medicare and the Human
Services Department.
1077. These changes are consequential on the abolition of the statutory
offices of CEO (of Centrelink) and Medicare Australia and the
creation of a new statutory offices of Chief Executive Centrelink
and Chief Executive Medicare and on the abolition of Centrelink and
Medicare Australia as separate agencies.
Item 490 Paragraphs 230(c) and (d)
1078. This item repeals the provisions identifying the party for SSAT
review of "employer decisions" where the CEO Centrelink, or an
employee of Centrelink made the decision or where the CEO or an
employee of Medicare Australia made the decision.
1079. This item substitutes provisions which refer instead to the Chief
Executive Centrelink, the Chief Executive Medicare and the Human
Services Department.
1080. These changes are consequential on the abolition of the statutory
offices of CEO of Centrelink and Medicare Australia and the
creation of a new statutory office of Chief Executive Centrelink
and on the abolition of Centrelink and Medicare Australia as
separate agencies
Item 492 Subsection 231(1)
1081. Subsection 232(1) requires the Secretary to deliver an application
for SSAT review of a reviewable decision received at a Centrelink
office or a Medicare Australia office to the Principal Member
within a specified time.
1082. This item amends the subsection to replace a reference to ", of the
Commonwealth Services Delivery Agency or of Medicare Australia"
with "or of the Human Services Department".
1083. This change is consequential on the abolition of Centrelink and
Medicare Australia as separate agencies.
Item 499 Paragraphs 266(1)(a) and (b)
1084. Section 266 allows references in section 37 of the Administrative
Appeal Tribunal Act 1975 to a person who made the decision the
subject of an application for review under section 261 of the Act
to be replaced by specified deemed decision-makers.
1085. This item omits these paragraphs and substitutes new paragraphs (a)
and (b) allowing for replacement of references to the Chief
Executive Centrelink (if the decision was reviewed by the Chief
Executive Centrelink or an APS employee of the Human Services
Department if the decision was made by the employee) or the Chief
Executive Medicare as deemed decision-makers.
1086. These changes are consequential on the abolition of the statutory
offices of CEO of Centrelink and Medicare Australia and the
creation of new statutory offices of Chief Executive Centrelink and
Chief Executive Medicare and on the abolition of Centrelink and
Medicare Australia as separate agencies.
Item 500 Paragraph 303(1)(b)
1087. Section 303 of the Paid Parental Leave Act 2010 is a delegation
provision. Under section 303(1), the Secretary of the Department
of Families, Housing, Community Services and Indigenous Affairs may
delegate certain of his or her powers to a person engaged in an
agency or authority of the Commonwealth. Section 303(1)(b)
expressly excludes the CEO or an employee of Centrelink from
receiving a delegation under section 303(1).
1088. Under section 303(2), the Secretary of the Department of Families,
Housing, Community Services and Indigenous Affairs may only
delegate certain powers under the Act to the CEOs, and employees,
of Centrelink and Medicare Australia.
1089. Item 500 updates the reference in section 303(1)(b) to be
references to the Chief Executive Centrelink and APS employees in
the Human Services Department.
1090. This change is consequential on the abolition of the statutory
offices of CEO (of Centrelink) and on the abolition of Centrelink
as a separate agency.
Item 501 Subsection 303(2)
1091. This item omits the reference to "and in accordance with the
service arrangements" because the term "service arrangements" is
defined by reference to the CSDA Act and the MA Act and Schedules 1
and 2 of this Bill repeal that term in those Acts (as amended and
renamed by this Bill).
Item 502 Subsection 303(2)
1092. This item replaces a reference to "the CEO of, or an employee of,
the Commonwealth Services Delivery Agency or Medicare Australia"
with "the Chief Executive Centrelink, the Chief Executive Medicare
or an APS employee in the Human Services Department".
1093. This change is consequential on the abolition of the statutory
offices of CEO of Centrelink and Medicare Australia and the
creation of a new statutory office of Chief Executive Centrelink
and Chief Executive Medicare and on the abolition of Centrelink and
Medicare Australia as separate agencies.
Item 503 Paragraph 303(3)(a)
1094. This item replaces the paragraph with new paragraphs (a) and (aa).
1095. This change is consequential on the abolition of the statutory
offices of CEO of Centrelink and Medicare Australia and the
creation of new statutory offices of Chief Executive Centrelink and
Chief Executive Medicare.
Item 504 Subsection 303(4)
1096. This item replaces a reference to "the CEO of the Commonwealth
Services Delivery Agency or Medicare Australia" with "the Chief
Executive Centrelink or the Chief Executive Medicare".
1097. This change is consequential on the abolition of the statutory
offices of CEO of Centrelink and Medicare Australia and the
creation of new statutory offices of Chief Executive Centrelink and
Chief Executive Medicare.
Item 505 Subsection 303(5)
1098. This item repeals the subsection and substitutes new subsections
(5) and (6).
1099. This item substitutes references in the subsection with new
subsection (5) which refers to the "Chief Executive Centrelink",
the "Human Services (Centrelink) Act 1997" and "a Departmental
employee (within the meaning of the Human Services (Centrelink) Act
1997)".
1100. This item also substitutes the same references with new subsection
(6) which refers to the "Chief Executive Medicare", the "Human
Services (Medicare) Act 1973" and "a Departmental employee (within
the meaning of the Human Services (Medicare) Act 1973)".
1101. This change is consequential on the abolition of the statutory
offices of CEO of Centrelink and Medicare Australia and the
creation of new statutory offices of Chief Executive Centrelink and
Chief Executive Medicare and on the renaming and amendment of the
CSDA Act and MA Act and on the abolition of Centrelink and Medicare
Australia as separate agencies.
Private Health Insurance Act 2007
Items 506 - 540, except for Items 508, 509 and 510
1102. These items amend the provisions referred to in the table below:
. by replacing references to "Medicare Australia CEO" with references
to "Chief Executive Medicare". These changes are consequential on
the abolition of the statutory office of Medicare Australia CEO and
the creation of a new statutory office of Chief Executive Medicare;
and/or
. by replacing references to "an employee of Medicare Australia with
references to "a Departmental employee (within the meaning of the
Human Services (Medicare) Act 1973)" as amended by this Bill.
These changes are consequential on this Bill's abolition of
Medicare Australia. These changes also support the integration of
portfolio service delivery and implement the objective that all of
the employees of the integrated Department should be available to
assist in the carrying out of the Chief Executive Medicare's
functions.
|Item |Legislative Provision |
|506 |Subsection 1-10(6) (table |
| |item 4) |
|507 |Sections 23-15 to 23-45 |
|511 |Sections 26-20 to 26-30 |
|512 |Subsection 34-25(5) |
|513 |Section 276-1 |
|514 |Section 279-1 |
|515 |Sections 279-10 to 279-30 |
|516 |Subsections 279-40(1) and |
| |(2) |
|517 |Subsection 297-40(3) |
|518 |Subsection 279-40(3) |
|519 |Subsections 279-40(5) and |
| |(6) |
|520 |Subsections 279-45(1) to |
| |(4) |
|521 |Subsection 279-45(5) |
|522 |Subsection 279-45(6) |
|523 |Subdivision 279-B (heading)|
|524 |Section 279-50 |
|525 |Section 279-55 |
|526 |Subparagraph |
| |282-1(1)(f)(iii) |
|527 |Section 282-5 |
|528 |Section 282-10 |
|529 |Section 282-15 |
|530 |Subsection 282-20(1) |
|531 |Section 282-30 |
|532 |Section 282-35 |
|533 |Section 282-35 |
|534 |Paragraph 323-5(b) |
|535 |Paragraphs 323-10(2)(h) and|
| |(i) |
|536 |Section 328-1 |
|537 |Section 328-5 (table |
| |items 3, 40, 41 and 42) |
|538 |Paragraphs 333-1(2)(a) and |
| |(b) |
|539 |Subsection 333-10(1) (table|
| |item 2) |
|540 |Subsection 333-10(5) |
Items 508 and 509 Subsection 26-10(2), At the end of section 26-10
1103. Subsection 26-10 deals with procedures for lodging claims for
incentive payments. Currently subsection 26-10(2) provides for
such claims to be delivered or sent to any office of Medicare
Australia or to any other place approved by the Medicare Australia
CEO.
1104. Item 508 replaces the reference to the " Medicare Australia CEO"
with a reference to the "Chief Executive Medicare" and replaces the
reference to "an office of Medicare Australia" with a reference to
"an office of the Human Services Department". Those changes are
consequential on the abolition of the statutory office of Medicare
Australia CEO and the creation of the position of Chief Executive
Medicare and on the abolition of Medicare Australia and its
integration into the Department of Human Services.
1105. This item also amends this provision by qualifying the reference to
an office of the Human Services Department with the words "other
than an office specified in an instrument under subsection (3)".
1106. Item 509 adds subsections (3) and (4). Subsection (2) provides for
the Chief Executive Medicare to specify one or more offices. The
result of an office being specified is that a claimant will not be
entitled to send or deliver a claim to that office. After
integration, there will be a large number of former Centrelink and
Medicare agency offices which will become offices of the Department
of Human Services. The purpose of these amendments is to give the
Chief Executive Medicare power to reduce the number of offices at
which such claims must be received so that such claims can be
managed efficiently.
1107. Subsection (5) states that an instrument under subsection (2) is
not a legislative instrument. The instrument would not be a
legislative instrument within the meaning of section 5 of the
Legislative Instruments Act 2003 even without this express
statement. This provision is included to assist readers.
Item 510 Section 26-15
1108. This item repeals this section dealing with procedures for
withdrawing claims and substitutes provisions similar to the new
subsections 26-10(1) and (2) for withdrawing claims.
1109. This item also introduces a subsection (3) which states that an
instrument under subsection (2) is not a legislative instrument.
The instrument would not be a legislative instrument within the
meaning of section 5 of the Legislative Instruments Act 2003 even
without this express statement. This provision is included to
assist readers.
Item 541 Clause 1 of Schedule 1
1110. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Items 542 and 543 Clause 1 of Schedule 1
1111. Item 542 inserts a definition "Human Services Department" as the
Department administered by the Human Services Minister. Item 543
inserts a definition of "Human Services Minister" as the Minister
administering the Human Services (Medicare) Act 1973.
1112. The defined term "Human Services Department" is used in sections 26-
10 and 26-15, as amended by this Schedule, relating to the premiums
reduction scheme.
Item 544 Clause 1 of Schedule 1 (definition of Medicare Australia CEO)
1113. This item repeals this definition of "Medicare Australia CEO" as
the Chief Executive Officer of Medicare Australia. This change is
consequential on this Bill's abolition of the statutory office of
Chief Executive Officer of Medicare Australia.
Item 545 Clause 1 of Schedule 1
1114. This item inserts a definition of the term "medicare program" by
reference to the Human Services (Medicare) Act 1973 as amended by
this Bill.
Private Health Insurance (Transitional Provisions and Consequential
Amendments) Act 2007
Item 546 Subsection 7(2)
1115. This item repeals subsection 7(2) and substitutes references to the
Chief Executive Medicare (within the meaning of the Human Services
(Medicare) Act 1973).
1116. The reference to "Chief Executive Medicare" is a reference to the
Human Services (Medicare) Act 1973 which will be the name of the
Medicare Australia Act 1973 as amended and renamed by this Bill.
1117. This item allows the approval of forms, under section 11-50 of the
Private Health Insurance Incentives Act 1998, to be made by the
Chief Executive Medicare as this Bill abolishes the statutory
office of Medicare Australia CEO and creates the new statutory
office of Chief Executive Medicare.
Item 547 Section 50
1118. This item amends section 50 by replacing a reference to "Medicare
Australia CEO" with a reference to ''Chief Executive Medicare
(within the meaning of the Human Services (Medicare) Act 1973)''.
1119. The reference to "Chief Executive Medicare" is a reference to the
Human Services (Medicare) Act 1973 which will be the name of the
Medicare Australia Act 1973 as amended and renamed by this Bill.
Item 548 At the end of section 50
1120. This item amends section 50 by inserting the addition "and as if
references in that Division to the Medicare Australia CEO were
references to the Chief Executive Medicare".
1121. This change is consequential on the abolition of the statutory
office of Medicare Australia CEO and the creation of a new
statutory office of Chief Executive Medicare.
Item 549 Section 51
1122. This item amends section 50 by replacing a reference to "Medicare
Australia CEO" with a reference to ''Chief Executive Medicare
(within the meaning of the Human Services (Medicare) Act 1973)''.
1123. The reference to "Chief Executive Medicare" is a reference to the
Human Services (Medicare) Act 1973 which will be the name of the
Medicare Australia Act 1973 as amended and renamed by this Bill.
Item 550 At the end of section 51
1124. This item amends section 51 by inserting the addition "and as if
references in that Division to the Medicare Australia CEO were
references to the Chief Executive Medicare".
1125. This change is consequential on the abolition of the statutory
office of Medicare Australia CEO and the creation of a new
statutory office of Chief Executive Medicare.
Remuneration Tribunal Act 1973
Item 551 Subsection 3(1) (paragraph (d) of the definition of principal
executive office)
1126. This item amends this subsection's definition of "principal
executive office" by repealing paragraph (d) as the Chief Executive
Officer of the Commonwealth Services Delivery Agency because the
statutory office of Chief Executive Officer of the Commonwealth
Services Delivery Agency (Centrelink) is being abolished by this
Bill.
Item 552 After paragraph 3(4)(m)
1127. This item amends this subsection by inserting new paragraphs (n),
(o) and (oa).
1128. The reference to "Chief Executive Centrelink" is a reference to the
Human Services (Centrelink) Act 1997 which will be the name of the
Commonwealth Services Delivery Agency Act 1997 as amended and
renamed by this Bill.
1129. The reference to "Chief Executive Medicare" is a reference to the
Human Services (Medicare) Act 1973 which will be the name of the
Medicare Australia Act 1973 as amended and renamed by this Bill.
Social Security Act 1991
Item 553 Subsection 23(1) (definition of Agency)
1130. This item repeals this subsection's definition of "Agency" as "the
Commonwealth Services Delivery Agency established by the Agency
Act" because the Commonwealth Services Delivery Agency (Centrelink)
is being abolished by this Bill.
Item 554 Subsection 23(1) (definition of Agency Act)
1131. This item repeals this subsection's definition of "Agency Act" as
the CSDA Act, because this term in no longer used in the Act.
Item 555 Subsection 23(1)
1132. This item inserts a definition of "centrelink program" by reference
to the Human Services (Centrelink) Act 1997 which will be the name
of the Commonwealth Services Delivery Agency Act 1997 as amended
and renamed by this Bill.
Item 556 Subsection 23(1) (definition of CEO)
1133. This item repeals this subsection's definition of "CEO" as the
Chief Executive Officer of the Agency (Centrelink) because the
statutory office of Centrelink Chief Executive Officer is being
abolished by this Bill. The term will no longer be used in the
Act.
Item 557 Subsection 23(1)
1134. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
1135. The defined term "Chief Executive Centrelink" is used in the
definition of "Secretary" in subsection 23(1), as amended by this
Schedule.
Item 558 Subsection 23(1) (definition of employee)
1136. This item repeals this subsection's definition of "employee" in
relation to the Agency, as having the same meaning as in the Agency
Act.
1137. This repeal is consequential on the abolition of Centrelink as a
separate agency. This term will no longer be used in the Act.
Item 559 and 560 Subsection 23(1)
1138. Item 559 inserts a definition of "Human Services Department" as the
Department administered by the Human Services Minister. Item 560
inserts a definition of "Human Services Minister" as the Minister
administering the Human Services (Centrelink) Act 1997.
1139. The defined term "Human Services Department" is used in sections
1185AB and 1185Q, as amended by this Schedule.
Item 561 Subsection 23(1) (paragraph (a) of the definition of protected
information)
1140. This item amends this subsection's definition of "protected
information" by repealing paragraph (a) and substituting new
paragraph (a) because the Agency (Centrelink) is being abolished by
this Bill.
Item 562 Subsection 23(1) (paragraph (b) of the definition of protected
information)
1141. This item amends this subsection's definition of "protected
information" by removing a reference to "or Medicare Australia"
because Medicare Australia is being abolished by this Bill.
Item 563 Subsection 23(1) (after paragraph (b) of the definition of
protected information)
1142. This item amends this subsection's definition of "protected
information" by inserting new paragraphs (baa) and (bab).
1143. The new paragraph (baa) brings within the definition of "protected
information" information about a person that was held in the
records of the Commonwealth Services Delivery Agency (within the
meaning of the CSDA Act as in force before 1 July 2011).
1144. The purpose of this provision is to ensure that particular
information which was "protected information" within paragraph (a)
of the definition before the amendments made by this Bill will
continue to be "protected information".
1145. The new paragraph (bab) brings within the definition of "protected
information" information about a person that was obtained by an
officer under the family assistance law and was held in the records
of Medicare Australia (within the meaning of the MA Act as in force
before 1 July 2011).
1146. The purpose of this provision is to ensure that particular
information which was "protected information" within paragraph (b)
of the definition before the amendments made by this Bill will
continue to be "protected information".
Item 564 Subsection 23(1) (subparagraph (c)(ii) of the definition of
protected information)
1147. This item repeals subparagraph (c)(ii) of this subsection's
definition of "protected information" and substitutes "the Human
Services Department" because the Agency (Centrelink) is being
abolished by this Bill.
Item 565 Subsection 23(1) (subparagraph (c)(iii) of the definition of
protected information)
1148. This item replaces subparagraph (c)(iii) of this subsection's
definition of "protected information" with "Office." because
subparagraph (iv) is repealed by this Bill (see item 566) and
subparagraph (c)(iii) is the last subparagraph in the definition.
Item 566 Subsection 23(1) (subparagraph (c)(iv) of the definition of
protected information)
1149. This item repeals subparagraph (c)(iv) of this subsection's
definition of "protected information" because Medicare Australia is
being abolished by this Bill.
Item 567 Subsection 23(1) (subparagraph (b)(i) of the definition of
Secretary)
1150. This item repeals subparagraph (b)(i) in this subsection's
definition of "Secretary" and substitutes new subparagraph (b)(i).
1151. This change is consequential on the abolition of Centrelink as a
separate agency and on the abolition of the statutory office of CEO
(of Centrelink) and the creation of a new statutory office of Chief
Executive Centrelink.
1152. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 568 Subsection 23(1) (definition of service arrangements)
1153. This item repeals this subsection's definition of "service
arrangements" by reference to the Agency Act because this term will
no longer be used in the Agency Act as amended and renamed by this
Bill.
Item 569 Section 1185AA
1154. This item amends section 1185AA by inserting "(1)" before "In this"
because this Bill will insert a new subsection (2) after the
current provision in the Act.
Item 570 At the end of section 1185AA
1155. Section 1185A sets cut-off dates for transfer of farming interests
to family members in 2001 which take into account when pre-
assessment requests were lodged with the "Agency".
1156. This item adds a new subsection (2) to define "Agency" for the
purposes of subsection (1) as meaning the Commonwealth Services
Delivery Agency (within the meaning of the Commonwealth Services
Delivery Agency Act 1997 as in force before 1 July 2011).
Item 571 Subsections 1185AB(3) to (5)
1157. This item amends subsections 1185AB(3) to (5) by replacing
references to "Agency" with references to "Human Services
Department" because the Agency (Centrelink) is being abolished by
this Bill.
Item 572 Section 1185P
1158. This item amends section 1185P by inserting "(1)" before "In this"
because this Bill will insert a new subsection (2) after the
current provision in the Act.
Item 573 At the end of section 1185P
1159. Section 1185P sets cut-off dates for transfer of sugar cane
interests to family members which take into account when pre-
assessment requests were lodged with the "Agency".
1160. This item adds a new subsection (2) to define "Agency" for the
purposes of subsection (1) as meaning the Commonwealth Services
Delivery Agency (within the meaning of the Commonwealth Services
Delivery Agency Act 1997 as in force before 1 July 2011).
Item 574 Subsections 1185Q(3) to (5)
1161. This item amends subsections 1185Q(3) to (5) by replacing
references to "Agency" with references to "Human Services
Department" because the Agency (Centrelink) is being abolished by
this Bill.
Social Security (Administration) Act 1999
Item 575 Section 123TC (definition of Centrelink)
1162. This item repeals the definition of Centrelink in this subsection
because Centrelink is being abolished by this Bill.
Item 576 Subsection 123ZNA(2)
1163. This item amends subsection 123ZNA(2) by replacing a reference to
"Centrelink" with a reference to "the Human Services Department".
1164. This change is consequential on Centrelink being abolished by this
Bill.
Items 577 - 581
1165. These items amend the legislative provisions in the below table by
replacing references to "CEO" with references to "Chief Executive
Centrelink".
1166. These changes are consequential on the abolition of the statutory
office of CEO and the creation of a new statutory office of Chief
Executive Centrelink.
|Item |Legislative Provision |
|577 |Paragraph 129(4)(f) |
|578 |Subsection 135(1) |
|579 |Section 142 |
|580 |Subsection 149(1) and |
| |(2) |
|581 |Paragraph 150(e) |
Item 582 Subparagraph 154(1)(a)(iii)
1167. This item repeals the paragraph and substitutes another paragraph.
1168. The new paragraph replaces a reference to "CEO" (of Centrelink)
with a reference to "Chief Executive Centrelink" and replaces a
reference to "employee" (of Centrelink) with a reference to
"Departmental employee (within the meaning of the Human Services
(Centrelink) Act 1997)" (as amended and renamed by this Bill).
1169. These changes are consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1170. These changes support the integration of portfolio service delivery
and implement the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 583 Paragraph 156(1)(c)
1171. This item repeals the paragraph and substitutes another paragraph.
1172. The new paragraph replaces a reference to "CEO" (of Centrelink)
with a reference to "Chief Executive Centrelink" and replaces a
reference to "an employee of the Agency" (Centrelink) with a
reference to "a Departmental employee (within the meaning of the
Human Services (Centrelink) Act 1997" (as amended and renamed by
this Bill).
1173. These changes are consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1174. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 584 Subsection 157(1)
1175. This item amends subsection 157(1) by replacing references to
"Agency" with references to "Human Services Department" because the
Agency (Centrelink) is being abolished by this Bill.
Item 585 Paragraph 186(1)(a)
1176. This item repeals the paragraph and substitutes another paragraph.
1177. The new paragraph replaces a reference to "CEO" (of Centrelink)
with a reference to "Chief Executive Centrelink" and replaces a
reference to "an employee of the Agency" (Centrelink) with a
reference to "a Departmental employee (within the meaning of the
Human Services (Centrelink) Act 1997" (as amended and renamed by
this Bill).
1178. These changes are consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1179. These changes support the integration of portfolio service delivery
and implement the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 586 Paragraph 186(4)(b)
1180. This item repeals the paragraph and substitutes another paragraph.
1181. The new paragraph replaces a reference to "CEO" (of Centrelink)
with a reference to "Chief Executive Centrelink" and replaces a
reference to "an employee of the Agency" (Centrelink) with a
reference to "a Departmental employee (within the meaning of the
Human Services (Centrelink) Act 1997" (as amended and renamed by
this Bill).
1182. These changes are consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1183. These changes support the integration of portfolio service delivery
and implement the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 587 Subsection 186(4)
1184. This item amends the paragraph by replacing the reference to "to
the CEO" (of Centrelink) with a reference to "to the Chief
Executive Centrelink".
1185. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink.
Item 588 Subsection 234(2)
1186. This item omits the reference to "and in accordance with the
service arrangements" because the term "service arrangements" is
defined by reference to the CSDA Act and the MA Act and Schedules 1
and 2 of this Bill repeal that term in those Acts (as amended and
renamed by this Bill).
Item 589 Subsection 234(2)
1187. The item amends the subsection by replacing a reference to "CEO or
an employee of the Agency" (Centrelink) with a reference to "Chief
Executive Centrelink or a Departmental employee (within the meaning
of the Human Services (Centrelink) Act 1997" (as amended and
renamed by this Bill).
1188. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1189. These changes support the integration of portfolio service delivery
and implement the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 590 Subsection 234(3)
1190. This item amends the paragraph by replacing the reference to "to
the CEO" (of Centrelink) with a reference to "to the Chief
Executive Centrelink".
1191. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink.
Item 591 Subsection 234(4)
1192. This item repeals the paragraph and substitutes another paragraph.
1193. The new paragraph replaces a reference to "CEO" (of Centrelink)
with a reference to "Chief Executive Centrelink" and replaces a
reference to the "Agency Act" with a reference to "Human Services
(Centrelink) Act 1997" and replaces a reference to "an employee of
the Agency" (Centrelink) with a reference to "a Departmental
employee (within the meaning of the Human Services (Centrelink) Act
1997" (as amended and renamed by this Bill).
1194. These changes are consequential on the abolition of the statutory
office of CEO of Centrelink, to reflect the renaming of the Act by
this Bill and the creation of a new statutory office of Chief
Executive Centrelink and on the abolition of Centrelink as a
separate agency.
1195. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 592 Paragraph 234(6)(b)
1196. This item repeals the paragraph and substitutes another paragraph.
1197. The new paragraph replaces a reference to "an employee of the
Agency" (Centrelink) with a reference to "a Departmental employee
(within the meaning of the Human Services (Centrelink) Act 1997"
(as amended and renamed by this Bill).
1198. This change is consequential on the abolition of Centrelink as a
separate agency.
1199. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 593 Subsection 234(7)
1200. The item amends the subsection by replacing a reference to "the CEO
or an employee of the Agency" (Centrelink) with a reference to "the
Chief Executive Centrelink or a Departmental employee (within the
meaning of the Human Services (Centrelink) Act 1997" (as amended
and renamed by this Bill).
1201. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1202. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 594 Schedule 5 (heading)
1203. This item repeals the heading "Schedule 5 - Provisions
consequential on the enactment of the Commonwealth Services
Delivery Agency Act 1997" and substitutes "Schedule 5 - Provisions
relating to the Chief Executive Centrelink etc" because the CSDA
Act will be renamed by this Bill and Centrelink will no longer
exist as a separate agency.
Item 595 Subclause 1(1) of Schedule 5
1204. The item amends the subclause by replacing a reference to "the CEO
or an employee of the Agency" (Centrelink) with a reference to "the
Chief Executive Centrelink or a Departmental employee (within the
meaning of the Human Services (Centrelink) Act 1997" (as amended
and renamed by this Bill).
1205. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1206. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 596 Subclause 1(1) of Schedule 5
1207. This item amends the subclause by replacing the reference to
"information to the CEO" (of Centrelink) with a reference to
"information to the Chief Executive Centrelink".
1208. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink.
Item 597 Subclause 1(2) of Schedule 5
1209. The item amends the subclause by replacing a reference to "the CEO
or an employee of the Agency" (Centrelink) with a reference to "the
Chief Executive Centrelink or a Departmental employee (within the
meaning of the Human Services (Centrelink) Act 1997" (as amended
and renamed by this Bill).
1210. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1211. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 598 Subclause 1(2) of Schedule 5
1212. This item amends the subclause by replacing a reference to "Agency,
or lodge it with the Agency" with a reference to "Human Services
Department, or lodge it with the Human Services Department".
1213. This change is consequential on the abolition of the Agency
(Centrelink) as a separate Agency by this Bill and supports the
integration of portfolio service delivery.
Item 599 Paragraph 1(3)(a) of Schedule 5
1214. This item amends the paragraph by replacing the reference to "CEO"
(of Centrelink) with a reference to "Chief Executive Centrelink".
1215. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink.
Item 600 Paragraph 1(3)(b) of Schedule 5
1216. This item amends the paragraph by replacing a reference to "Agency,
or lodges it with the Agency" with a reference to "Human Services
Department, or lodges it with the Human Services Department".
1217. This change is consequential on the abolition of the Agency
(Centrelink) as a separate Agency by this Bill and supports the
integration of portfolio service delivery.
Item 601 Paragraph 1(4)(a) of Schedule 5
1218. This item amends the paragraph by replacing the reference to "CEO"
(of Centrelink) with a reference to "Chief Executive Centrelink".
1219. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink.
Item 602 Paragraph 1(4)(b) of Schedule 5
1220. This item amends the paragraph by replacing a reference to "Agency,
or lodge it with the Agency" with a reference to "Human Services
Department, or lodge it with the Human Services Department".
1221. This change is consequential on the abolition of the Agency
(Centrelink) as a separate Agency by this Bill and supports the
integration of portfolio service delivery.
Item 603 Paragraph 2(1)(a) of Schedule 5
1222. The item amends the paragraph by replacing a reference to "CEO or
an employee of the Agency" (Centrelink) with a reference to "Chief
Executive Centrelink or a Departmental employee (within the meaning
of the Human Services (Centrelink) Act 1997" (as amended and
renamed by this Bill).
1223. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the abolition of
Centrelink as a separate agency.
1224. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Item 604 Paragraph 2(1)(c) of Schedule 5
1225. This item amends the paragraph by replacing a reference to "Agency,
or lodge it with the Agency" with a reference to "Human Services
Department, or lodge it with the Human Services Department".
1226. This change is consequential on the abolition of the Agency
(Centrelink) as a separate Agency by this Bill and supports the
integration of portfolio service delivery.
Item 605 Paragraph 2(1)(d) of Schedule 5
1227. This item amends the paragraph by replacing a reference to "Agency"
with a reference to "Human Services Department".
1228. This change is consequential on the abolition of the Agency
(Centrelink) as a separate Agency by this Bill and supports the
integration of portfolio service delivery.
Item 606 Paragraph 2(1)(e) of Schedule 5
1229. The item amends the paragraph by replacing a reference to "an
employee of the Agency" (Centrelink) with a reference to "a
Departmental employee (within the meaning of the Human Services
(Centrelink) Act 1997" (as amended and renamed by this Bill).
1230. This change is consequential on the abolition of Centrelink as a
separate agency.
Student Assistance Act 1973
Item 607 Subsection 3(1) (definition of Agency)
1231. This item repeals this definition because the Agency established by
the CSDA Act is being abolished by this Bill.
Item 608 Subsection 3(1) (definition of Agency Act)
1232. This item repeals this subsection's definition of "Agency Act" as
this term in no longer used in the Act.
Item 609 Subsection 3(1) (definition of CEO)
1233. This item repeals the definition of "Chief Executive Officer" by
reference to the CSDA Act because this Bill abolishes that
position. The term will no longer be used in the Act.
Item 610 Subsection 3(1)
1234. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Item 611 Subsection 3(1) (second definition of employee)
1235. This item repeals this subsection's second definition of "employee"
in relation to the Agency, as having the same meaning as in the
Agency Act.
1236. This repeal is consequential on the abolition of Centrelink as a
separate agency. This term will no longer be used in the Act.
Item 612 Subsection 3(1)
1237. This item inserts a new definition "Human Services Department".
This definition is used in the definition of "protected
information".
Item 613 Subsection 3(1)
1238. This item inserts a new definition "Human Services Minister" to
identify the portfolio Minister responsible for the administration
of the Human Services (Centrelink) Act 1997.
Item 614 Subsection 3(1) (subparagraph (b)(iii) of the definition of
protected information)
1239. This item repeals subparagraph (b)(iii) of this subsection's
definition of "protected information" and substitutes "the Human
Services Department" because the Agency (Centrelink) is being
abolished by this Bill.
Item 615 Subsection 3(1) (definition of service arrangements)
1240. This item repeals this subsection's definition of "service
arrangements" by reference to the Agency Act because this term will
no longer be used in the Agency Act as amended and renamed by this
Bill.
Item 616 Subsection 338(2)
1241. This item amends the subsection by replacing the reference to "CEO"
(Centrelink) with "Chief Executive Centrelink".
1242. This change is consequential on the abolition of the statutory
office of CEO (Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink.
Item 617 Subsection 338(2A)
1243. This item repeals subsection 338(2A) and substitutes subsection
338(2A).
1244. This change is consequential on the abolition of the statutory
office of CEO (of Centrelink) and the creation of a new statutory
office of Chief Executive Centrelink and on the amendment and
renaming of the CSDA Act by this Bill.
1245. This change supports the integration of portfolio service delivery
and implements the objective that all of the employees of the
integrated Department should be available to assist in the carrying
out of the Chief Executive Centrelink's functions.
Part 2-Amendments contingent on the commencement of the Tax Laws Amendment
(Confidentiality of Taxpayer Information) Act 2010
Division 1-Amendments that commence if the Tax Laws Amendment
(Confidentiality of Taxpayer Information) Act 2010 does not
commence before 1 July 2011
Excise Act 1901
Item 618 Subsection 4(1)
1246. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Items 619 and 620
1247. These items amend subparagraphs 159(3)(c)(vi) and 159(3)(d)(v) by
replacing a reference to "Chief Executive Officer of the
Commonwealth Services Delivery Agency established by the
Commonwealth Services Delivery Agency Act 1997" with "Chief
Executive Centrelink".
1248. This change is consequential on the abolition of the statutory
office of CEO (Centrelink) established by the Human Services
(Centrelink) Act 1997 (which will be the name of the Commonwealth
Services Delivery Agency Act 1997 as amended and renamed by this
Bill) and the creation of a new statutory office of Chief Executive
Centrelink.
Income Tax Assessment Act 1936
Item 621 Subsection 6(1)
1249. This item inserts a definition of "Chief Executive Medicare" by
reference to the Human Services (Medicare) Act 1973 which will be
the name of the Medicare Australia Act 1973 as amended and renamed
by this Bill.
Item 622 Paragraph 16(4)(eb)
1250. This item amends the paragraph by replacing a reference to "the
Chief Executive Officer of the Commonwealth Services Delivery
Agency, established by the Commonwealth Services Delivery Agency
Act 1997" with "the Chief Executive Centrelink".
1251. This change is consequential on the abolition of the statutory
office of CEO (Centrelink) established by the Human Services
(Centrelink) Act 1997 (which will be the name of the Commonwealth
Services Delivery Agency Act 1997 as amended and renamed by this
Bill) and the creation of a new statutory office of Chief Executive
Centrelink.
Item 623 Paragraphs 16(4)(fa) and (fb)
1252. This item amends the paragraphs by replacing the reference to "the
Chief Executive Officer of Medicare Australia" with "the Chief
Executive Medicare".
1253. This change is consequential on the abolition of the statutory
office of Chief Executive Officer of Medicare Australia and the
creation of a new statutory office of Chief Executive Medicare.
Item 624 Paragraph 16(4)(fca)
1254. This item amends the paragraph by replacing the reference to "the
Chief Executive Officer of Centrelink" with "the Chief Executive
Centrelink".
1255. This change is consequential on the abolition of the statutory
office of Chief Executive Officer of Centrelink and the creation of
a new statutory office of Chief Executive Centrelink.
Product Grants and Benefits Administration Act 2000
Item 625 Section 5
1256. This item inserts a definition of "Chief Executive Centrelink" by
reference to the Human Services (Centrelink) Act 1997 which will be
the name of the Commonwealth Services Delivery Agency Act 1997 as
amended and renamed by this Bill.
Items 626 and 627
1257. These items amend subparagraphs 47(3)(c)(v) and 47(3)(d)(iv) by
replacing a reference to "Chief Executive Officer of the
Commonwealth Services Delivery Agency established by the
Commonwealth Services Delivery Agency Act 1997" with "Chief
Executive Centrelink".
1258. These changes are consequential on the abolition of the statutory
office of CEO (Centrelink) established by the Human Services
(Centrelink) Act 1997 (which will be the name of the Commonwealth
Services Delivery Agency Act 1997 as amended and renamed by this
Bill) and the creation of a new statutory office of Chief Executive
Centrelink.
Taxation Administration Act 1953
Item 628 Subsection 355-5(5) in Schedule 1 (table item 4)
1259. This item amends the subsection by replacing a reference to "the
Chief Executive Officer of the Commonwealth Services Delivery
Agency" with "the Chief Executive Centrelink (within the meaning of
the Human Services (Centrelink) Act 1997)".
1260. This change is consequential on the abolition of the statutory
office of the Chief Executive Officer of Centrelink and the
creation of a new statutory office of Chief Executive Centrelink by
the Human Services (Centrelink) Act 1997.
Division 2-Amendments that commence on the later of 1 July 2011 and when
the Tax Laws Amendment (Confidentiality of Taxpayer Information)
Act 2010 commences
Taxation Administration Act 1953
Item 629 Subsection 355-65(2) in Schedule 1 (table item 8)
1261. This item amends the subsection by replacing a reference to "the
Chief Executive Officer of Medicare Australia" with "the Chief
Executive Medicare (within the meaning of the Human Services
(Medicare) Act 1973)".
1262. This change is consequential on the abolition of the statutory
office of the Chief Executive Officer of Medicare and the creation
of a new statutory office of Chief Executive Medicare by the Human
Services (Medicare) Act 1973.
Part 3 - Amendments contingent on the commencement of the Health Insurance
Amendment (Compliance) Act 2010
Health Insurance Act 1973
Items 630 - 653, except for Items 633 and 635
1263. These items amend the provisions referred to in the table below:
. by replacing references to "Medicare Australia CEO" with references
to "Chief Executive Medicare". These changes are consequential on
the abolition of the statutory office of Medicare Australia CEO and
the creation of a new statutory office of Chief Executive Medicare;
and/or
. by replacing references to "an employee of Medicare Australia with
references to "a Departmental employee (within the meaning of the
Human Services (Medicare) Act 1973)" as amended by this Bill.
These changes are consequential on this Bill's abolition of
Medicare Australia. These changes also support the integration of
portfolio service delivery and implement the objective that all of
the employees of the integrated Department should be available to
assist in the carrying out of the Chief Executive Medicare's
functions.
|Item |Legislative Provision |
|630 |Subsection 129AAD(1) |
|631 |Paragraph 129AAD(1)(b) |
|632 |Subsections 129AAD(3), (5) |
| |and (6) |
|634 |Subsection 129AAG(1) |
|636 |Subsection 129AAG(6) |
|637 |Subsection 129AAG(7) |
|638 |Subsection 129AAH(1) |
|639 |Subsection 129AAI(1) |
|640 |Subsection 129AAJ(1) |
|641 |Subsection 129AAJ(2) |
|642 |Subsections 129AC(1B), (1D)|
| |and (1F) |
|643 |Subsection 129AC(4) |
|644 |Subsection 129AEA |
|645 |Subsection 129AEB(3) (table|
| |item 1) |
|646 |Subsection 129AEB(3) (table|
| |item 1) |
|647 |Subsection 129AEB(3) (table|
| |item 2) |
|648 |Subsection 129AEB(3) (table|
| |item 2) |
|649 |Subsection 129AEB(3) (table|
| |item 3) |
|650 |Subsection 129AEB(3) (table|
| |item 3) |
|651 |Subsection 129AEB(4) |
|652 |Subsection 129AEB(5) |
|653 |Section 129AEC |
Item 633 Paragraph 129AAD(11)(b)
1264. This item amends the paragraph by replacing a reference to
"Medicare Australia Act 1973" with "Human Services (Medicare) Act
1973" which will be the name of the Medicare Australia Act 1973 as
amended and renamed by this Bill.
Item 635 Paragraph 129AAG(6)(b)
1265. This item amends the paragraph by replacing a reference to
"Medicare Australia Act 1973" with a reference to "Human Services
(Medicare) Act 1973" which will be the name of the Medicare
Australia Act 1973 as amended and renamed by this Bill.
Part 4 - Amendments contingent on the commencement of the National Health
Amendment (Pharmaceutical Benefits) Scheme Act 2010
Item 654 Paragraph 135AA(5B)(a)
1266. This item amends the subsection by replacing a reference to
"Medicare Australia CEO" with a reference to "Chief Executive
Medicare".
1267. This change is consequential on the abolition of the statutory
office of Medicare Australia CEO and the creation of a new
statutory office of Chief Executive Medicare.
Schedule 5 - Transitional Regulations
Item 1 Transitional - regulations
1268. This item gives the Governor-General power to make regulations in
relation to transitional matters arising out of the amendments made
by this Bill.
1269. This item provides that, if regulations are made within six months
of the commencement of the Bill, the regulations may be expressed
to take effect at a time that is earlier than the time when the
regulations are made, as long as the regulations do not take effect
earlier than the commencement date of the Act.
1270. Given the size of, and scope of services delivered by, Centrelink,
Medicare Australia and the Department of Human Services, many
transitional arrangements are required. One of the key goals of
the integration is that it will be seamless for customers and other
consumers of services currently delivered by Medicare Australia and
Centrelink. While every effort was made in preparing the
transitional provisions to ensure they would operate correctly, it
is possible that the transitional provisions will not adequately
cover every circumstance. Accordingly, it is considered prudent to
have the ability to make regulations in relation to transitional
matters.
1271. As a practical matter, the need for transitional regulations may
become apparent after a transitional issue is identified. Given
the seriousness of any legislation with retrospective effect, two
safeguards are built into item 1 of Schedule 5.
1272. First, regulations will only have retrospective effect if they are
made within six months of the Act commencing. Most transitional
issues are likely to occur in the first six months after the
integration takes effect, when large numbers of employees and
assets are transferred, many instruments are affected by
transitional provisions, and a number of reports are required.
Accordingly, limiting the retrospective operation of the regulation
making power in this way is considered to be an appropriate
safeguard.
1273. Second, regulations made under item 1 of Schedule 5 may only relate
to transitional matters arising out of amendments made by the Act.
In practice, this means that the scope of the regulations is
limited to internal Government administration. The regulations
cannot affect any other Act, such as program legislation that
individuals receive benefits under and will have no effect on
individuals' health and welfare entitlements.
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