Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 46E

             (1)  For the purposes of the performance of the Chief Executive Medicare's functions under section 46B, the Chief Executive Medicare may:

                     (a)  give information, other than information that would enable identification of a particular child, about the immunisation of children to:

                              (i)  a recognised immunisation provider for a purpose relating to the immunisation or health of a child; or

                             (ii)  a prescribed body for such a purpose; or

                            (iii)  an officer of the Department; or

                          (iiia)  a person engaged, or proposing to engage, in research who has requested the information for the purposes of that research; or

                            (iv)  an officer of a Department, or of an authority, of a State or Territory who has requested the information; and

                     (b)  if:

                              (i)  a recognised immunisation provider requests information about the immunisation of a particular child for a purpose relating to the immunisation or health of the child; and

                             (ii)  a parent or guardian of the child consents to that information being given to the recognised immunisation provider;

                            give the information to the recognised immunisation provider for that purpose; and

                     (c)  post a document containing information about the immunisation of a child to a parent or guardian of the child, at the address of the child that is known to the Chief Executive Medicare; and

                     (d)  if an officer of the Department requests information about the immunisation of children for a purpose relating to the immunisation or health of children--give the information to the officer for that purpose; and

                     (e)  if:

                              (i)  a recognised immunisation provider who is authorised; or

                             (ii)  a prescribed body;

                            requests information about the immunisation of children for a purpose relating to the immunisation or health of children--give the information to the authorised provider, or to an authorised officer or employee of the body, as the case may be, for that purpose.

             (2)  The Chief Executive Medicare may authorise a person who is:

                     (a)  a recognised immunisation provider; or

                     (b)  an officer or employee of a prescribed body;

to receive information under paragraph (1)(e) if the person has agreed in writing that, even if the person ceases to be such a provider or such an officer or employee, as the case requires, he or she:

                     (c)  will not use the information except for the purpose for which the information is given to him or her; and

                     (d)  will not, either directly or indirectly, give the information to another person; and

                     (e)  will ensure that any record of the information that is in his or her possession is protected by security safeguards that it is reasonable in the circumstances to take against loss of the record or misuse of the information.

             (3)  For the purposes of an agreement made by a person under subsection (2), the reference in paragraph (2)(c) to the using of information, and the reference in paragraph (2)(d) to the giving of information, do not include a reference to:

                     (a)  the giving of information to a court under a legal requirement; or

                     (b)  if the person is a recognised immunisation provider--the giving of information that needs to be given in the performance of the function of immunising children; or

                     (c)  if the person is an officer or employee of a prescribed body--the giving of information that the person needs to give in the course of performing duties or functions, or exercising powers, as an officer or employee of the body for purposes relating to the immunisation or health of children.