Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 23 March 2011
Page: 3072


Ms PLIBERSEK (Minister for Human Services and Minister for Social Inclusion) (4:38 PM) —I present the supplementary explanatory memorandum to the bill. I ask leave of the committee to move government amendments (1) to (55) as circulated together.


The DEPUTY SPEAKER (Mr Murphy)—Leave is granted.


Ms PLIBERSEK —I move government amendments (1) to (55):

(1)    Clause 2, page 3 (after table item 7), insert:

7A.  Schedule 4, Part 5

1 July 2011.

However, if section 2 of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 commences before 1 July 2011, the provision(s) do not commence at all.

7B.  Schedule 4, Part 6

Immediately after the commencement of section 2 of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011.

However, if section 2 of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 commences before the day this Act receives the Royal Assent, the provision(s) do not commence at all.

(2)    Schedule 1, item 82, page 25 (lines 14 and 15), omit “the regulations”, substitute “a legislative instrument made by the Minister for the purposes of this paragraph”.

(3)    Schedule 1, item 87, page 27 (lines 2 to 20), omit subsections 43A(1) and (2), substitute:

Scope

         (1)    This section applies to particular information if:

              (a)    the information is subject to a regulatory regime under a designated program Act (the first program Act); and

              (b)    the information is also subject to a regulatory regime under another designated program Act (the second program Act).

For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act.

Disclosure or use of information etc.

         (2)    If:

              (a)    the Secretary, the Chief Executive Medicare or a Departmental employee:

                    (i)    discloses the information; or

                   (ii)    uses the information; or

                  (iii)    makes a record of the information; and

              (b)    the Secretary, the Chief Executive Medicare or the Departmental employee, as the case may be, does so without contravening the first program Act;

the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act.

(4)    Schedule 1, item 87, page 28 (line 6), omit “the regulations”, substitute “a legislative instrument made by the Minister for the purposes of this paragraph”.

(5)    Schedule 1, item 96A, page 37 (line 22), after “instrument”, insert “, agreement”.

(6)    Schedule 1, item 96A, page 37 (after line 26), after paragraph (1)(b), insert:

            (ba)    section 7A;

(7)    Schedule 1, item 99A, page 42 (line 7), after “instrument”, insert “, agreement or arrangement”.

(8)    Schedule 1, item 99A, page 42 (after line 11), after paragraph (1)(b), insert:

            (ba)    section 7A;

(9)    Schedule 1, Division 3A, page 42 (line 16) to page 44 (line 10), omit the Division.

(10)  Schedule 1, item 100, page 44 (line 12) to page 45 (line 7), omit the item.

(11)  Schedule 1, item 101, page 45 (line 8), omit “other”.

(12)  Schedule 1, item 102, page 45 (line 26), omit “other”.

(13)  Schedule 1, item 102, page 46 (line 1), omit paragraph (1)(b).

(14)  Schedule 1, item 103, page 46 (line 10), omit “other”.

(15)  Schedule 2, item 48, page 67 (lines 22 and 23), omit “the regulations”, substitute “a legislative instrument made by the Minister for the purposes of this paragraph”.

(16)  Schedule 2, item 48, page 67 (line 30), omit “1988.”, substitute “1988; or”.

(17)  Schedule 2, item 48, page 67 (after line 30), at the end of subsection 40(2), add:

              (c)    services, benefits, programs or facilities that are specified in a legislative instrument made by the Minister for the purposes of this paragraph.

(18)  Schedule 2, item 48, page 68 (lines 10 to 28), omit subsections 40A(1) and (2), substitute:

Scope

         (1)    This section applies to particular information if:

              (a)    the information is subject to a regulatory regime under a designated program Act (the first program Act); and

              (b)    the information is also subject to a regulatory regime under another designated program Act (the second program Act).

For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act.

Disclosure or use of information etc.

         (2)    If:

              (a)    the Secretary, the Chief Executive Centrelink or a Departmental employee:

                    (i)    discloses the information; or

                   (ii)    uses the information; or

                  (iii)    makes a record of the information; and

              (b)    the Secretary, the Chief Executive Centrelink or the Departmental employee, as the case may be, does so without contravening the first program Act;

the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act.

(19)  Schedule 2, item 48, page 69 (line 15), omit “the regulations”, substitute “a legislative instrument made by the Minister for the purposes of this paragraph”.

(20)  Schedule 2, item 57A, page 78 (line 20), after “instrument”, insert “, agreement”.

(21)  Schedule 2, item 57A, page 78 (after line 24), after paragraph (1)(b), insert:

            (ba)    section 8A;

(22)  Schedule 2, item 60A, page 83 (line 2), after “instrument”, insert “, agreement or arrangement”.

(23)  Schedule 2, item 60A, page 83 (after line 6), after paragraph (1)(b), insert:

            (ba)    section 8A;

(24)  Schedule 2, Division 3A, page 83 (line 11) to page 85 (line 5), omit the Division.

(25)  Schedule 3, item 4, page 97 (line 17), after “employee”, insert “, when used in Part IV, VI or IX,”.

(26)  Schedule 3, page 99 (after line 7), after item 10, insert:

10A  After subsection 16(2A)

Insert:

(2AAA)   Subsection (2) does not apply to the making of a record of information with the express or implied authorisation of the person to whom the information relates.

(27)  Schedule 3, item 14, page 100 (lines 2 to 20), omit subsections 16AB(1) and (2), substitute:

Scope

         (1)    This section applies to particular information if:

              (a)    the information is subject to a regulatory regime under a designated program Act (the first program Act); and

              (b)    the information is also subject to a regulatory regime under another designated program Act (the second program Act).

For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act.

Disclosure or use of information etc.

         (2)    If:

              (a)    the Secretary, the Registrar or an officer or employee of the Department:

                    (i)    discloses the information; or

                   (ii)    uses the information; or

                  (iii)    makes a record of the information; and

              (b)    the Secretary, the Registrar or the officer or employee of the Department, as the case may be, does so without contravening the first program Act;

the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act.

(28)  Schedule 3, item 14, page 101 (line 6), omit “the regulations”, substitute “a legislative instrument made by the Minister for the purposes of this paragraph”.

(29)  Schedule 4, page 106 (after line 12), after item 28, insert:

28A  Subsection 3(1)

Insert:

social security law has the same meaning as in the Social Security Act 1991.

(30)  Schedule 4, page 106 (after line 22), after item 29, insert:

29A  Subsection 109C(2)

Omit “officer of an agency other than the Department”, substitute “officer of the Human Services Department”.

(31)  Schedule 4, item 32, page 107 (lines 5 to 16), omit the item, substitute:

32  Paragraphs 118(1)(c) and (e)

Repeal the paragraphs.

(32)  Schedule 4, page 109 (after line 4), after item 41, insert:

41A  After paragraph 162(2)(daa)

Insert:

          (dab)    for the purposes of the social security law; or

          (dac)    for the purposes of the Paid Parental Leave Act 2010; or

          (dad)    for the purposes of the Student Assistance Act 1973; or

(33)  Schedule 4, page 109 (after line 10), after item 42, insert:

42A  Subsection 221(2)

Omit “officer of an agency other than the Department, unless the head of the agency”, substitute “officer of the Human Services Department, unless the Secretary of the Human Services Department”.

(34)  Schedule 4, item 44, page 109 (line 14), omit “head of an agency”, substitute “Secretary of the Human Services Department”.

(35)  Schedule 4, items 45 and 46, page 109 (lines 16 to 23), omit the items, substitute:

45  Subsection 234(3)

Repeal the subsection.

(36)  Schedule 4, page 110 (after line 13), after item 50, insert:

50A  After subsection 150(2A)

Insert:

       (2B)    Subsection (2) does not apply to the making of a record of information with the express or implied authorisation of the person to whom the information relates.

(37)  Schedule 4, page 118 (after line 14), after item 94, insert:

Disability Services Act 1986

94A  At the end of subsection 28(5)

Add:

       ; or (d)    make a record of information with the express or implied authorisation of the person to whom the information relates.

(38)  Schedule 4, page 138 (after line 22), after item 257, insert:

257A  After subsection 130(3A)

Insert:

   (3AA)    Despite subsection (1), an officer may make a record of information with the express or implied authorisation of the person to whom the information relates.

(39)  Schedule 4, page 151 (after line 18), after item 357, insert:

357A  After subsection 77(5)

Insert:

      (5A)    Despite subsection (2), an officer may make a record of information with the express or implied authorisation of the person to whom the information relates.

(40)  Schedule 4, page 158 (after line 30), after item 417, insert:

417A  After subsection 88(5)

Insert:

      (5A)    Despite subsection (2), an officer may make a record of information with the express or implied authorisation of the person to whom the information relates.

(41)  Schedule 4, page 165 (after line 7), after item 470, insert:

470A  Section 6

Insert:

family assistance law has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999.

(42)  Schedule 4, page 166 (after line 17), after item 479, insert:

479A  Section 6

Insert:

social security law has the same meaning as in the Social Security Act.

(43)  Schedule 4, page 166, after proposed item 479A, insert:

479B  After paragraph 127(2)(d)

Insert:

            (da)    for the purposes of the family assistance law; or

            (db)    for the purposes of the social security law; or

            (dc)    for the purposes of the Student Assistance Act 1973; or

(44)  Schedule 4, item 500, page 169 (line 28), after “Chief Executive Centrelink”, insert “, the Chief Executive Medicare”.

(45)  Schedule 4, page 178 (after line 13), after item 560, insert:

560A  Subsection 23(1)

Insert:

medicare program has the same meaning as in the Human Services (Medicare) Act 1973.

(46)  Schedule 4, page 182 (after line 2), after item 587, insert:

587A  After paragraph 202(2)(d)

Insert:

          (daa)    for the purposes of the family assistance law; or

          (dab)    for the purposes of the Paid Parental Leave Act 2010; or

          (dac)    for the purposes of the Student Assistance Act 1973; or

(47)  Schedule 4, page 182, after proposed item 587A, insert:

587B  At the end of paragraph 208(1)(b)

Add:

      ; or (iv)    to the Chief Executive Centrelink for the purposes of a centrelink program; or

              (v)    to the Chief Executive Medicare for the purposes of a medicare program.

(48)  Schedule 4, page 184 (after line 16), after item 608, insert:

608A  Subsection 3(1)

Insert:

centrelink program has the same meaning as in the Human Services (Centrelink) Act 1997.

(49)  Schedule 4, page 184 (after line 24), after item 611, insert:

611A  Subsection 3(1)

Insert:

family assistance law has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999.

(50)  Schedule 4, page 185 (after line 4), after item 613, insert:

613A  Subsection 3(1)

Insert:

medicare program has the same meaning as in the Human Services (Medicare) Act 1973.

(51)  Schedule 4, page 185 (after line 10), after item 615, insert:

615A  Subsection 3(1)

Insert:

social security law has the same meaning as in the Social Security Act 1991.

(52)  Schedule 4, page 185 (after line 21), at the end of Part 1, add:

617A  After paragraph 351(2)(da)

Insert:

            (db)    for the purposes of the family assistance law; or

            (dc)    for the purposes of the social security law; or

            (dd)    for the purposes of the Paid Parental Leave Act 2010; or

(53)  Schedule 4, page 185, at the end of Part 1, add (after proposed item 617A):

617B  Paragraph 355(1)(b)

Repeal the paragraph, substitute:

              (b)    disclose any such information:

                    (i)    to the Secretary of a Department of State of the Commonwealth for the purposes of that Department; or

                   (ii)    to the head of an authority of the Commonwealth for the purposes of that authority; or

                  (iii)    to the Chief Executive Centrelink for the purposes of a centrelink program; or

                  (iv)    to the Chief Executive Medicare for the purposes of a medicare program; or

(54)  Schedule 4, page 192 (after line 8), at the end of the Schedule, add:

Part 5 Amendments anticipating the enactment of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011

A New Tax System (Family Assistance) (Administration) Act 1999

655  At the end of subsection 162(2)

Add:

        ; or (f)    with the express or implied authorisation of the person to whom the information relates.

Social Security (Administration) Act 1999

656  At the end of subsection 202(2)

Add:

        ; or (f)    with the express or implied authorisation of the person to whom the information relates.

Student Assistance Act 1973

657  At the end of subsection 351(2) (before the note)

Add:

        ; or (f)    with the express or implied authorisation of the person to whom the information relates.

(55)  Schedule 4, page 192, at the end of the Schedule, add (after proposed Part 5):

Part 6 Amendments contingent on the commencement of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011

Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011

658  Subsection 2(1) (table item 5)

Repeal the item, substitute:

5.  Schedule 4, items 1 to 3

The day after this Act receives the Royal Assent.

6.  Schedule 4, item 4

The day after this Act receives the Royal Assent.

However, if item 655 of Schedule 4 to the Human Services Legislation Amendment Act 2011 commences before the day after this Act receives the Royal Assent, the provision(s) do not commence at all.

7.  Schedule 4, items 5 to 7

The day after this Act receives the Royal Assent.

8.  Schedule 4, item 8

The day after this Act receives the Royal Assent.

However, if item 656 of Schedule 4 to the Human Services Legislation Amendment Act 2011 commences before the day after this Act receives the Royal Assent, the provision(s) do not commence at all.

9.  Schedule 4, items 9 to 11

The day after this Act receives the Royal Assent.

10.  Schedule 4, item 12

The day after this Act receives the Royal Assent.

However, if item 657 of Schedule 4 to the Human Services Legislation Amendment Act 2011 commences before the day after this Act receives the Royal Assent, the provision(s) do not commence at all.

11.  Schedule 4, items 13 to 15

The day after this Act receives the Royal Assent.

12.  Schedule 5

The day after this Act receives the Royal Assent.

 

Since the Human Services Legislation Amendment Bill 2010 was introduced to parliament last November, the government has decided that amendments are necessary to clarify the impact of certain provisions in the bill. The amendments I now move cover four main aspects.

First, the amendments modify the multiple secrecy provisions introduced by the bill. Currently, where a person is a customer of both Centrelink and Medicare Australia, those agencies hold common information about that person, such as their date of birth, name and address. After the integration of Centrelink and Medicare into the Department of Human Services, the department will therefore hold this common customer data in more than one program. Because different secrecy provisions apply to the information depending on whether it was provided to Medicare Australia or to Centrelink, the new multiple secrecy provisions are needed to clarify how the secrecy provisions should be applied in this circumstance. The bill makes it clear that, post-integration, where the department holds the same piece of information about a person under more than one program act, such as Family Assistance and Medicare, that information will be able to be used and disclosed if it complies with one of the secrecy provisions applicable to that information. The amendments do not substantively change the effect of the new provisions; rather, they seek to make them clearer to ensure that the bill will operate as intended.

Second, the amendments make additional changes to the secrecy provisions of social security law, family assistance law, the Paid Parental Leave Act 2010 and the Student Assistance Act 1973. This will ensure that the existing arrangements for the use of customer information collected under these laws will continue to apply after the integration of Centrelink into the Department of Human Services. Importantly, customer privacy is protected because the amendments make no change to the existing arrangements.

Third, the amendments introduce new items to the bill to ensure that customers can consent to information about them being used for a purpose that would not otherwise be authorised by the act under which the information was obtained. These amendments support the government’s service delivery reform agenda by giving customers the right to choose how information about them is handled. The amendments allow the customer to choose to make their basic details, such as name, address and date of birth, available to multiple agencies rather than providing the same information separately to different agencies.

Fourth, the amendments remove transitional provisions relating to the continuation of certain agreements between Medicare Australia and Centrelink as delivery agencies and the departments responsible for the administration of programs. These transitional provisions are unnecessary, as the agreements will be continued by exchange of correspondence between departmental secretaries. These amendments do not alter the impact of the bill, which integrates Medicare Australia and Centrelink into a single Department of Human Services.

Question agreed to.

Bill, as amended, agreed to.

Ordered that this bill be reported to the House with amendments.