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Human Services Legislation Amendment Bill 2011

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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 Actwith 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:

(a)                that was made under section 8A of the Commonwealth Services Delivery Agency Act 1997 as in force before the transition time;

(b)                that was in force immediately before the transition time; and

(c)                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:

(a)                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).

(b)                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 .

(c)                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.

(d)               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.

(e)                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 ):

(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. 

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:

(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 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                    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)

931                    This item repeals this subsection and substitutes a new subsection which replaces the reference to "Medicare Australia CEO" with "Chief Executive Medicare".

932                    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)

933                    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)

934                    This items amends the subsection conferring power to delegate by replacing the reference to "Medicare Australia CEO" with "Chief Executive Medicare".

935                    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)

936                    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.

937                    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)

938                    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.

939                    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)

940                    This item repeals these paragraphs conferring powers of delegation and substitutes new paragraphs (b) and (c).

941                    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.

942                    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)

943                    This items amends the paragraph by replacing references to "Medicare Australia CEO" with "Chief Executive Medicare".

944                    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 )

945                    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 )

946                    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. 

947                    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 )

948                    This items amends the paragraph by replacing the reference to "Medicare Australia CEO" with "Chief Executive Medicare".

949                    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

950                    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)

 

951                    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

952                    These items amend these provisions by replacing references to "Medicare Australia CEO" with "Chief Executive Medicare".

953                    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)

954                    These items amend the legislative provisions by replacing references to "Medicare Australia CEO" with "Chief Executive Medicare".

955                    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

956                    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

957                    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 .

958                    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

959                    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 )

960                    This item amends the paragraph by replacing the reference to "Chief Executive Officer of Medicare Australia with "Chief Executive Medicare".

961                    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)

962                    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". 

963                    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)

964                    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.

965                    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 )

966                    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.

967                    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)

968                    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.

969                    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)

970                    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 )

971                    This item repeals this definition because the Bill abolishes Centrelink.

Item 163  Subsection 3(1) (definition of employee of Medicare Australia )

972                    This item repeals this definition because the Bill abolishes Medicare Australia.

Items 164 and 165  Subsection 3(1)

973                    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 )

974                    This item repeals the definition because this Bill abolishes the statutory office of Chief Executive Officer of Medicare Australia.

Item 167  Subsection 3(1)

975                    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

976                    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)

977                    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". 

978                    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".

979                    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. 

980                    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)

981                    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 )."

982                    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)

983                    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". 

984                    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)

985                    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".

986                    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)

987                    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) ”.

988                    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

989                    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)

990                    This item repeals the section as this Bill abolishes Centrelink.

Hearing Services Administration Act 1997

Item 276  Section 4

991                    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 )

992                    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".

993                    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)

994             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) ".

995                    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 )

996                    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

997                    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 )

998                    This item repeals this definition of employee in relation to the " Commonwealth Services Delivery Agency Act 1997 " (Centrelink). 

999                    This repeal is consequential on the abolition of Centrelink as a separate agency. 

Income Tax Assessment Act 1936

Item 282  Subsection 6(1)

1000                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

1001                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".

1002                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)

1003                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 

1004              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)

1005                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)

1006                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 )

1007                This item repeals the definition as this Bill abolishes Medicare Australia.

Item 290  Subsection 4(1)

1008                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)

1009                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. 

1010                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".

1011                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)

1012                This item amends subsections 77(3) and (4) by replacing references to " Medicare Australia CEO" with "Chief Executive Medicare".

1013                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)

1014                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)

1015                This item replaces the reference to "Chief Executive Officer of Medicare Australia" with "Chief Executive Medicare".

1016                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 

1017                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)

1018                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)

1019                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. 

1020                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".

1021                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)

1022                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)

1023                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 )

1024                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)

1025                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.

1026                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

1027                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.



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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