National Health (Privacy) Rules 2021 (Cth)

National Health (Privacy) Rules 2021

I, Elizabeth Hampton, Acting Australian Information Commissioner, make the following instrument.

Dated 12 November 2021

Elizabeth Hampton Acting Australian Information Commissioner

Part 1—Introduction

1 Name This instrument is to be known as the National Health (Privacy) Rules 2021. 2 Commencement This instrument commences on the later of:

(1) The day specified under section 135AA(8) of the National Health Act 1953; and

(2) 1 April 2022.

3 Authority This instrument is made under section 135AA of the National Health Act 1953. 4 Definitions Note: A number of expressions used in this instrument are defined in the Act, and have the same meaning in this instrument, including the following: (a) agency (b) database (c) Medicare Benefits Program (d) old information (e) personal identification components (f) Pharmaceutical Benefits Program (g) pharmaceutical entitlements number

In this instrument: Act means the National Health Act 1953.

claims information means information to which these Rules relate as defined in section 135AA(1) of the Act; for clarity in these Rules, as is indicated in section 135AA(2), 'claims information' does not include information about service providers.

Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.

delegate means a Deputy Secretary or First Assistant Secretary of the Department of Health or the Australian Government Chief Medical Officer to whom a delegation has been made by the Secretary of the Department of Health.

Department of Health means the Department of Health or any other successor agency or agencies which may have responsibility under the Administrative Arrangements Order as made from time to time for administration of relevant provisions of the Act or the Health Insurance Act 1973 or for enabling the Chief Executive Medicare to perform health provider compliance functions.