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Human Services (Enhanced Service Delivery) Bill 2007

Part 1 Introduction

Division 1 Preliminary

1   Short title

                   This Act may be cited as the Human Services (Enhanced Service Delivery) Act 2007 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Sections 3 to 74

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 18 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.



 

Division 2 What this Act is about

3   What this Act is about

This Act establishes the Register and the access card.

This Part deals with introductory matters such as definitions (see Division 3), the objects and purposes of this Act (see Division 4) and the application of this Act (see Division 5).

Part 2 deals with registration. To get an access card, you must be registered on the Register. That Part tells you what needs to happen for you to get registered. It also deals with the Register.

Part 3 is about the access card. That Part tells you what needs to happen for you to get your own access card. It also deals with ownership of, and information on, your access card.

Part 4 sets out the offences against this Act.

Part 5 deals with miscellaneous matters.



 

Division 3 Interpretation

4   Identifying defined terms

             (1)  Many of the terms in this Act are defined in section 5.

             (2)  Most of the terms that are defined in section 5 are identified by an asterisk appearing at the start of the term: as in “ * Commonwealth benefit”. The footnote with the asterisk contains a signpost to section 5.

             (3)  An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection or definition. Later occurrences of the term in the same provision are not usually asterisked.

             (4)  Terms are not asterisked in headings, notes, examples, explanatory tables, guides, outline provisions or diagrams.

             (5)  If a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision.

             (6)  The following basic terms used throughout the Act are not identified with an asterisk:

 

Terms that are not identified

Item

This term

is defined in section

1

access card

5

2

holder

5

3

owner

5

4

Secretary

5

5

you

5

 

5   Definitions

                   In this Act:

access card means the card:

                     (a)  known as the Health and Social Services Access Card, or such other name determined under section 27; and

                     (b)  issued by the Secretary under section 24;

and includes the * chip in the card.

Australian citizen means an individual who is an Australian citizen under the Australian Citizenship Act 1948 .

Australian resident means an individual who is an Australian resident within the meaning of:

                     (a)  section 3 or 8 of the A New Tax System (Family Assistance) Act 1999 ; or

                     (b)  section 10 of the Child Support (Assessment) Act 1989 ; or

                     (c)  section 3 of the Health Insurance Act 1973 ; or

                     (d)  section 4 of the Hearing Services Administration Act 1997 ; or

                     (e)  section 7 of the Social Security Act 1991 ; or

                      (f)  section 5G of the Veterans’ Entitlements Act 1986 .

authorised person means an individual appointed to be an authorised person under section 72.

benefit includes:

                     (a)  a pension, allowance, concession, grant or payment; and

                     (b)  a card or voucher entitling its holder to a concession or a payment of any kind.

benefit card means any of the following:

                     (a)  a * PBS Entitlement Card;

                     (b)  a * PBS Safety Net Concession Card;

                     (c)  a * Pensioner Concession Card;

                     (d)  a * Health Care Card;

                     (e)  a * Reciprocal Health Care Card;

                      (f)  a * Medicare Card, but only if it is held by an individual who is:

                              (i)  an eligible person within the meaning of the Health Insurance Act 1973 because of section 6 or 6A of that Act; or

                             (ii)  covered by paragraph (f) of the definition of Australian resident in section 3 of the Health Insurance Act 1973 ;

                     (g)  a * Commonwealth Seniors Health Card;

                     (h)  a * Cleft Lip and Palate Card;

                      (i)  a * DVA Gold Card;

                      (j)  a * DVA White Card;

                     (k)  a * DVA Orange Card;

                      (l)  the card known as the War Widow/Widower Transport Card and issued by the * DVA Secretary;

                    (m)  a card or voucher prescribed by the regulations.

chip means a microchip or any other device that stores or processes information.

Cleft Lip and Palate Card means the card known as the Cleft Lip and Cleft Palate Patient Identification Card and issued by the Chief Executive Officer of Medicare Australia.

Commonwealth authority has the same meaning as in section 7 of the Commonwealth Authorities and Companies Act 1997 .

Commonwealth benefit means a * benefit or service that:

                     (a)  is provided to an individual (whether under a Commonwealth law or otherwise); and

                     (b)  is administered or delivered, wholly or partly, by a * participating agency.

Commonwealth company has the same meaning as in section 34 of the Commonwealth Authorities and Companies Act 1997 .

Commonwealth officer means an individual who:

                     (a)  is in the service or employment of the Commonwealth, a * Commonwealth authority or a * Commonwealth company; or

                     (b)  holds or performs the duties of any office or position established by a law of the Commonwealth; or

                     (c)  is in the service or employment of a body established by a law of the Commonwealth.

Commonwealth Seniors Health Card means a seniors heath card under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986 .

delegate means an individual to whom a power or function has been delegated or sub-delegated under Division 3 of Part 5.

dishonest , in relation to a person’s conduct, means:

                     (a)  dishonest according to the standards of ordinary people; and

                     (b)  known by the person to be dishonest according to the standards of ordinary people.

document includes:

                     (a)  any paper or other material on which there is writing; and

                     (b)  any paper or other material on which there are marks, figures, symbols or perforations that are:

                              (i)  capable of being given a meaning by persons qualified to interpret them; or

                             (ii)  capable of being responded to by a computer, a machine or an electronic device; and

                     (c)  any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device.

DVA means the Department that administers the Veterans’ Entitlements Act 1986 .

DVA dependant means an individual who:

                     (a)  is a dependant of a deceased * veteran; and

                     (b)  is entitled to a pension at the rate specified in subsection 30(2) of the Veterans’ Entitlements Act 1986 .

DVA Gold Card means the card known as the Repatriation Health Card—For All Conditions that evidences an individual’s entitlement, under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 , to be provided with treatment for all injuries or diseases.

DVA individual means an individual who:

                     (a)  is eligible or qualified for a * Commonwealth benefit under:

                              (i)  the Veterans’ Entitlements Act 1986 ; or

                             (ii)  the Military Rehabilitation and Compensation Act 2004 ; or

                            (iii)  the Safety, Rehabilitation and Compensation Act 1988 in relation to a defence-related claim (within the meaning of Part XI of that Act); or

                            (iv)  the Australian Participants in British Nuclear Tests (Treatment) Act 2006 ; or

                             (v)  the scheme known as the Study of Health Outcomes in Aircraft Maintenance Personnel Health Care Scheme; or

                     (b)  is eligible or qualified for an ex-gratia lump sum payment in relation to F-111 aircraft deseal/reseal work; or

                     (c)  is determined by the * DVA Minister under section 67 to be a DVA individual.

DVA Minister means the Minister administering the * DVA.

DVA Orange Card means the card known as the Repatriation Pharmaceutical Benefits Card that evidences an individual’s entitlement, under the Veterans’ Entitlements Act 1986 , to pharmaceutical benefits.

DVA Secretary means the Secretary of the * DVA.

DVA White Card means the card known as the Repatriation Health Card—For Specific Conditions that evidences an individual’s entitlement, under:

                     (a)  the Veterans’ Entitlements Act 1986 ; or

                     (b)  the Military Rehabilitation and Compensation Act 2004 ; or

                     (c)  an international agreement to which Australia is a party;

to be provided with treatment for specific injuries or diseases only.

false access card means a * document that is not an access card but that purports to be an access card.

former prisoner of war means an individual who:

                     (a)  is a * veteran; and

                     (b)  was a prisoner of war when he or she was on operational service (within the meaning of the Veterans’ Entitlements Act 1986 ).

Health Care Card means a health care card under the Social Security Act 1991 (and includes the card known as the Low Income Health Care Card and the card known as the Foster Child Health Care Card).

holder of a card (other than an access card) means the individual to whom the card was issued.

inappropriate name means a name that:

                     (a)  is obscene or offensive; or

                     (b)  could not practicably be established by repute or usage:

                              (i)  because it is too long; or

                             (ii)  because it consists of or includes symbols without phonetic significance; or

                            (iii)  for some other reason; or

                     (c)  includes or resembles an official title or rank; or

                     (d)  is contrary to the public interest for some other reason.

information in the * chip in an access card includes software in the chip.

International Classification of Diseases means the most recent classification of diseases endorsed by the World Health Organisation.

legal name of an individual means:

                     (a)  the name on a certificate, entry or record of the individual’s birth, being a certificate granted or entry or record made by the Registrar of births, deaths and marriages (however described) of a State or Territory; or

                     (b)  the name on the individual’s Australian passport issued under the Australian Passports Act 2005 ; or

                     (c)  the name on a certificate of citizenship granted to the individual under the Australian Citizenship Act 1948 ; or

                     (d)  the name on a certificate, entry or record of the individual’s marriage, being a certificate granted or entry or record made by the Registrar of births, deaths and marriages (however described) of a State or Territory; or

                     (e)  the name included, by way of effecting a name change of the individual, on a register kept under a law of a State or Territory by the Registrar of births, deaths and marriages (however described) of the State or Territory; or

                      (f)  if none of paragraphs (a) to (e) apply to the individual—the name on a passport issued to the individual by a foreign country; or

                     (g)  if none of paragraphs (a) to (f) apply to the individual—the name on a document prescribed by the regulations.

Note:       For prescription of documents by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

Medicare Card has the same meaning as in subsection 84(1) of the National Health Act 1953 .

medicare number has the same meaning as in subsection 84(1) of the National Health Act 1953 .

owner of an access card means the individual to whom the card was issued.

participating agency means any of the following:

                     (a)  the Department;

                     (b)  the * DVA;

                     (c)  the Chief Executive Officer of Medicare Australia;

                     (d)  the Chief Executive Officer of Centrelink;

                     (e)  Australian Hearing Services;

                      (f)  Health Services Australia Limited.

PBS Entitlement Card means a pharmaceutical benefits entitlement card issued under section 84E of the National Health Act 1953 , and includes an additional entitlement card, or a replacement entitlement card, issued under section 84H of that Act.

PBS Safety Net Concession Card means a safety net concession card issued under section 84DA of the National Health Act 1953 , and includes an additional concession card, or a replacement concession card, issued under section 84H of that Act.

Pensioner Concession Card means a pensioner concession card under the Social Security Act 1991 .

Privacy Commissioner means the Privacy Commissioner within the meaning of the Privacy Act 1988 .

Reciprocal Health Care Card means the card issued to an individual who is a visitor to Australia to whom an international agreement made under subsection 7(1) of the Health Insurance Act 1973 relates.

Register means the Register established by the Secretary under section 16.

Secretary means the Secretary of the Department.

veteran has the same meaning as in section 5C of the Veterans’ Entitlements Act 1986 .

war widow has the same meaning as in section 5E of the Veterans’ Entitlements Act 1986 .

war widower has the same meaning as in section 5E of the Veterans’ Entitlements Act 1986 .

you means an individual.



 

Division 4 Objects and purposes of this Act

6   Objects of this Act

             (1)  The objects of this Act are:

                     (a)  to reduce the complexity of accessing * Commonwealth benefits, particularly for those who are most in need of assistance; and

                     (b)  to facilitate a more convenient, user-friendly and reliable method of accessing Commonwealth benefits; and

                     (c)  to reduce fraud on the Commonwealth in relation to the provision of Commonwealth benefits; and

                     (d)  to improve access to Australian Government relief in emergency situations; and

                     (e)  to permit access card owners to use their access cards for such other lawful purposes they choose.

             (2)  It is also an object of this Act that access cards are not to be used as, and do not become, national identity cards.

7   The purposes of this Act

                   The purposes of this Act are to facilitate the provision of * benefits, services, programs or facilities to some or all members of the public (whether under a Commonwealth law or otherwise), where that provision involves a * participating agency.

8   Administration of this Act to accord with Australian Government policy

Policy statement

             (1)  The Minister may, in consultation with the * DVA Minister, prepare a written statement of the policy of the Australian Government in relation to the administration of this Act. The Minister may give a copy of the statement to the Secretary and the * DVA Secretary.

Secretary

             (2)  If the Minister gives a copy of the statement to the Secretary, then:

                     (a)  the Secretary; and

                     (b)  a person who is delegated or sub-delegated a power or function of the Secretary under section 70; and

                     (c)  an * authorised person;

must have regard to the statement in exercising powers and performing functions under this Act.

             (3)  If the Minister gives a copy of the statement to the Secretary, the Minister must cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after the Minister gives the copy.

DVA Secretary

             (4)  If the Minister gives a copy of the statement to the * DVA Secretary, then:

                     (a)  the DVA Secretary; and

                     (b)  a person who is delegated a power or function of the DVA Secretary under section 71;

must have regard to the statement in exercising powers and performing functions under this Act.

             (5)  If the Minister gives a copy of the statement to the * DVA Secretary, the Minister must cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after the Minister gives the copy.

Policy statement not a legislative instrument

             (6)  A statement prepared under subsection (1) is not a legislative instrument.



 

Division 5 Application of this Act

9   This Act binds the Crown

             (1)  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, and of the Northern Territory.

             (2)  However, this Act does not make the Crown liable to be prosecuted for an offence.

10   Extension to external Territories

             (1)  This Act extends to every external Territory.

             (2)  However, this Act (other than Part 4 (offences) and the rest of this Act so far as it relates to that Part) does not extend to Norfolk Island.