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National Health Amendment (National HPV Vaccination Program Register) Bill 2007

Schedule 1 Amendment

   

National Health Act 1953

1  After section 9B

Insert:

9BA   The National HPV Vaccination Program Register

Establishment

             (1)  The Commonwealth must establish and keep a register known as the National HPV Vaccination Program Register.

Contents of the Register

             (2)  The Register may contain the following kinds of personal information:

                     (a)  the name, address, date of birth and Medicare card number of any person to whom HPV vaccine has been administered;

                     (b)  the indigenous status of such a person;

                     (c)  the names and addresses of parents or guardians of such a person (if the person is a child or is incapable of managing the person’s affairs);

                     (d)  information about when and where HPV vaccine was administered to such a person;

                     (e)  information about who administered HPV vaccine to such a person;

                      (f)  information about HPV vaccine that was administered to such a person.

Purposes of the Register

             (3)  The purposes of the Register are to ensure the successful implementation of the National Human Papillomavirus (HPV) Vaccination Program, and in doing so facilitate:

                     (a)  establishment and maintenance of an electronic database of records for monitoring vaccination of participants in the HPV Program; and

                     (b)  monitoring of the effectiveness of HPV vaccine in preventing certain cervical cancers by allowing for future cross referencing of data against Pap Smear and other cervical cytology or cervical cancer registers maintained by States and Territories; and

                     (c)  establishment of mechanisms to advise eligible persons, or the parents or guardians of children, if doses of HPV vaccine have been missed or if booster doses are required in the future; and

                     (d)  maintenance of a record of the HPV vaccination status of eligible persons for the purposes of certifying the completion of the course of vaccination; and

                     (e)  promotion of the health and well being of persons by providing information on new developments associated with the Program to vaccination providers, eligible persons and parents or guardians of children; and

                      (f)  payment of general practitioners for entering information in the Register.

Opting out of the Register

             (4)  A person may, in writing, request the Commonwealth to remove from the Register personal information relating to:

                     (a)  the person; or

                     (b)  a child of whom the person is a parent or guardian.

The Commonwealth must comply with any such request as soon as practicable.

Effect of the Privacy Act 1988

             (5)  The use by the Commonwealth of personal information for the purposes of the Register is taken to be authorised by law for the purposes of paragraph (1)(c) of Information Privacy Principle 10 in section 14 of the Privacy Act 1988 .

             (6)  The disclosure by the Commonwealth of personal information for the purposes of the Register is taken to be authorised by law for the purposes of paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988 if:

                     (a)  the disclosure is made to a body that is:

                              (i)  prescribed by the regulations; or

                             (ii)  included in a class of bodies prescribed by the regulations; or

                            (iii)  a prescribed body within the meaning of Part IVA of the Health Insurance Act 1973 ; or

                     (b)  the disclosure is made to a vaccination provider for the purpose of administering HPV vaccine.

Definitions

             (7)  In this section:

eligible person means a person who is eligible to receive vaccination under the National Human Papillomavirus (HPV) Vaccination Program.

HPV vaccine means Human Papillomavirus vaccine that the Minister has determined under section 9B to be a designated vaccine.

personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

vaccination provider means:

                     (a)  a general practitioner; or

                     (b)  a nurse who is authorised by a State or Territory, or by an authority of a State or Territory, to administer HPV vaccine.