Human Services Legislation Amendment Regulations 2011 (No. 1)

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Human Services Legislation Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No. 120
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Citizenship Act 2007, the Australian Crime Commission Act 2002, the Child Support (Assessment) Act 1989, the Child Support Legislation Amendment (Reform of the Child Support Scheme — New Formula and Other Measures) Act 2006, the Child Support (Registration and Collection) Act 1988, the Civil Aviation Act 1988, the Commonwealth Electoral Act 1918, the Customs Administration Act 1985, the Family Law Act 1975, the Financial Transaction Reports Act 1988, the Health Insurance Act 1973, the Income Tax Assessment Act 1997, the Medicare Australia Act 1973, the Medical Indemnity Act 2002, the Military Rehabilitation and Compensation Act 2004, the National Health Act 1953, the Ombudsman Act 1976, the Privacy Act 1988, the Proceeds of Crime Act 1987, the Referendum (Machinery Provisions) Act 1984, the Remuneration Tribunal Act 1973, the Student Assistance Act 1973 and the Superannuation Guarantee (Administration) Act 1992.
Dated 30 June 2011
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
TANYA PLIBERSEK
Minister for Human Services for the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, the Minister for Immigration and Citizenship, the Minister for Infrastructure and Transport, the Minister for Health and Ageing, the Attorney‑General, the Minister for Home Affairs, the Minister for Privacy and Freedom of Information, the Special Minister of State for the Public Service and Integrity, the Assistant Treasurer, the Minister for Veterans’ Affairs and the Special Minister of State
 
Contents
                        1      Name of Regulations                                                       5
                        2      Commencement                                                              5
                        3      Amendment of Medicare Australia Regulations 1975          5
                        4      Amendment of other legislation                                       5
Schedule 1                  Amendments of Medicare Regulations 1975                   7
Schedule 2                  Amendments of other legislation                                 22
Part 1                             Amendments of Australian Citizenship Regulations 2007  22
Part 2                             Amendment of Australian Crime Commission Regulations 2002         23
Part 3                             Amendments of Child Support (Assessment) Regulations 1989          23
Part 4                             Amendments of Child Support Reform (New Formula and Other Measures) Regulations 2007   23
Part 5                             Amendment of Child Support (Registration and Collection) Regulations 1988   24
Part 6                             Amendments of Civil Aviation Safety Regulations 1998    25
Part 7                             Amendments of Customs Administration Regulations 2000 25
Part 8                             Amendments of Electoral and Referendum Regulations 1940 26
Part 9                             Amendments of Family Law Regulations 1984                 27
Part 10                           Amendments of Financial Transaction Reports Regulations 1990       27
Part 11                           Amendments of Health Insurance (Diagnostic Imaging Services Table) Regulations 2010         28
Part 12                           Amendments of Health Insurance (General Medical Services Table) Regulations 2010 29
Part 13                           Amendment of Health Insurance (Pathology Services) Regulations 1989         30
Part 14                           Amendment of Health Insurance (Pathology Services Table) Regulations 2010            31
Part 15                           Amendment of Health Insurance (Professional Services Review) Regulations 1999      31
Part 16                           Amendments of Health Insurance Regulations 1975         31
Part 17                           Amendments of Health Insurance (Vocational Registration of General Practitioners) Regulations 1989                                                                             33
Part 18                           Amendment of Income Tax Assessment Regulations 1997 34
Part 19                           Amendments of Medical Indemnity Regulations 2003       34
Part 20                           Amendments of Military Rehabilitation and Compensation Regulations 2004    35
Part 21                           Amendments of National Health (Pharmaceutical Benefits) Regulations 1960  36
Part 22                           Amendment of National Health (Pharmaceuticals and Vaccines — Cost Recovery) Regulations 2009                                                                             38
Part 23                           Amendment of Ombudsman Regulations 1977                 38
Part 24                           Amendments of Privacy (Private Sector) Regulations 2001 39
Part 25                           Amendment of Proceeds of Crime Regulations 1987        40
Part 26                           Amendment of Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976    40
Part 27                           Amendments of Student Assistance Regulations 2003     40
Part 28                           Amendment of Superannuation Guarantee (Administration) Regulations 1993  43
 
 
1              Name of Regulations
                These Regulations are the Human Services Legislation Amendment Regulations 2011 (No. 1).
2              Commencement
                These Regulations commence on 1 July 2011.
3              Amendment of Medicare Australia Regulations 1975
                Schedule 1 amends the Medicare Australia Regulations 1975.
4              Amendment of other legislation
                Schedule 2 amends the following Regulations:
                 (a)     the Australian Citizenship Regulations 2007;
                (b)     the Australian Crime Commission Regulations 2002;
                 (c)     the Child Support (Assessment) Regulations 1989;
                (d)     the Child Support Reform (New Formula and Other Measures) Regulations 2007;
                 (e)     the Child Support (Registration and Collection) Regulations 1988;
                 (f)     the Civil Aviation Safety Regulations 1998;
                (g)     the Customs Administration Regulations 2000;
                (h)     the Electoral and Referendum Regulations 1940;
                 (i)     the Family Law Regulations 1984;
                 (j)     the Financial Transaction Reports Regulations 1990;
                (k)     the Health Insurance (Diagnostic Imaging Services Table) Regulations 2010;
                 (l)     the Health Insurance (General Medical Services Table) Regulations 2010;
               (m)     the Health Insurance (Pathology Services) Regulations 1989;
                (n)     the Health Insurance (Pathology Services Table) Regulations 2010;
                (o)     the Health Insurance (Professional Services Review) Regulations 1999;
                (p)     the Health Insurance Regulations 1975;
                (q)     the Health Insurance (Vocational Registration of General Practitioners) Regulations 1989;
                 (r)     the Income Tax Assessment Regulations 1997;
                 (s)     the Medical Indemnity Regulations 2003;
                 (t)     the Military Rehabilitation and Compensation Regulations 2004;
                (u)     the National Health (Pharmaceutical Benefits) Regulations 1960;
                (v)     the National Health (Pharmaceuticals and Vaccines — Cost Recovery) Regulations 2009;
               (w)     the Ombudsman Regulations 1977;
                (x)     the Privacy (Private Sector) Regulations 2001;
                (y)     the Proceeds of Crime Regulations 1987;
                 (z)     the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976;
               (za)     the Student Assistance Regulations 2003;
               (zb)     the Superannuation Guarantee (Administration) Regulations 1993.
Schedule 1        Amendments of Medicare Regulations 1975
(regulation 3)
  
[1]           Regulation 1
substitute
1              Name of Regulations
                These Regulations are the Human Services (Medicare) Regulations 1975.
[2]           Regulation 3
substitute
3              Definitions
                In these Regulations:
Act means the Human Services (Medicare) Act 1973.
Aged Care Act means the Aged Care Act 1997.
approved supplier has the meaning given by subsection 84 (1) of the National Health Act.
emergency means an emergency or disaster that occurs in Australia, or that affects one or more Australian citizens or permanent residents, and includes:
                (a)    an emergency or disaster that has been the subject of a declaration under section 80J or 80K of the Privacy Act 1988; or
               (b)    any circumstance in relation to which the Australian Government has decided that a program of special assistance involving the provision of a service, benefit, program or facility is to be implemented.
Examples
1   A natural disaster.
2   A terrorist act.
healthcare providers includes:
                (a)    medical practitioners; and
               (b)    prescribers; and
                (c)    pharmacists; and
               (d)    approved suppliers; and
                (e)    dentists; and
                (f)    State and Territory health departments; and
               (g)    State and Territory mental health authorities; and
               (h)    private and public pain management clinics; and
                (i)    private and public alcohol or drug detoxification centres; and
                (j)    private and public hospitals.
Health Department means the Department administered by the Minister administering the National Health Act.
Health Insurance Act means the Health Insurance Act 1973.
Health Secretary means the Secretary of the Health Department.
lifetime health cover has the meaning given by section 31‑1 of the Private Health Insurance Act.
National Health Act means the National Health Act 1953.
PBS information means information collected for the administration of the Pharmaceutical Benefits Scheme established under Part VII of the National Health Act.
person affected by an emergency has a meaning affected by regulation 3A.
personal information has the meaning given by subsection 6 (1) of the Privacy Act 1988.
Pharmaceutical Benefits Regulations means the National Health (Pharmaceutical Benefits) Regulations 1960.
Private Health Insurance Act means the Private Health Insurance Act 2007.
reappraisal period is the period under section 27‑2 of the Aged Care Act in which a reappraisal of the classification of the level of care needed by an aged care recipient must be made.
State or Territory body means:
                (a)    a State or Territory Minister; or
               (b)    a Department of a State or Territory; or
                (c)    a body (whether incorporated or not) established for a public purpose under a law of a State or Territory.
[3]           Regulation 3A
substitute
3A           Person affected by an emergency
                In these Regulations, a reference to a person affected by an emergency includes:
                (a)    a person who is indirectly affected by the emergency; and
               (b)    an individual who has a family member who is directly or indirectly affected by the emergency; and
                (c)    an unincorporated organisation that is directly or indirectly affected by an emergency.
[4]           Paragraph 9 (3) (g)
omit
section 15.12
insert
section 15.12, 15.20 or 15.33
[5]           Paragraph 12 (b)
substitute
               (b)    on behalf of the Health Secretary, to make information about an aged care service publicly available as permitted by subsections 86‑9 (1) and (2) of the Aged Care Act.
[6]           Part 3
substitute
Part 3                 Prescribed functions — general
  
18            Prescribed functions
                For paragraph 5 (1) (e) of the Act, this Part prescribes functions of the Chief Executive Medicare.
19            Delegated functions
         (1)   A prescribed function is to perform functions delegated to the Chief Executive Medicare under:
                (a)    a law of the Commonwealth; or
               (b)    a law of a State or Territory.
         (2)   Paragraph (1) (b) applies only if the Chief Executive Medicare is allowed by sections 8AD and 8AE of the Act to perform the function.
20            Functions in relation to prescription shopping
         (1)   A prescribed function is to detect and prevent prescription shopping, which includes the functions mentioned in this regulation.
         (2)   The Chief Executive Medicare may use PBS information (including personal information) for the performance of the functions mentioned in this regulation.
         (3)   The education and prevention function is to:
                (a)    promote awareness of the Prescription Shopping Program to healthcare providers, prescription shoppers and the general public; and
               (b)    promote measures to assist healthcare providers to manage prescription shoppers or people who may be at risk of prescription shopping; and
                (c)    educate healthcare providers and prescription shoppers about the law and requirements within which the Prescription Shopping Program operates; and
               (d)    encourage prescription shoppers to have a nominated prescriber; and
                (e)    encourage prescribers to become nominated prescribers; and
                (f)    encourage communication between prescribers, approved suppliers and pharmacists; and
               (g)    discourage inefficient and improper use of pharmaceutical benefits.
         (4)   The identification and detection function is to:
                (a)    identify prescription shoppers, prescribers prescribing pharmaceutical benefits to prescription shoppers and approved suppliers supplying pharmaceutical benefits to prescription shoppers; and
               (b)    establish and maintain databases containing information about prescription shoppers; and
                (c)    detect and identify prescription shoppers who may be improperly using, stockpiling, swapping, diverting or illegally dealing with pharmaceutical benefits.
         (5)   The disclosure function is to:
                (a)    disclose PBS information about whether a person is or is not a prescription shopper; and
               (b)    disclose PBS information about a prescription shopper to:
                          (i)    the prescription shopper; and
                         (ii)    a prescriber, to assist the prescriber to make decisions about prescribing to a prescription shopper who has visited or is visiting that prescriber or is a patient of that prescriber; and
                        (iii)    an approved supplier who is proposing to supply, or has supplied, pharmaceutical benefits to the prescription shopper, to assist the approved supplier (or a pharmacist employed by the approved supplier) to make decisions about supplying pharmaceutical benefits to that prescription shopper.
         (6)   The Chief Executive Medicare may perform the disclosure function for the following purposes:
                (a)    administering and enforcing the Chief Executive Medicare’s functions under the National Health Act;
               (b)    protecting public revenue;
                (c)    discouraging inefficient and improper use of pharmaceutical benefits.
         (7)   The evaluation and reporting function is to use PBS information and information collected by the Chief Executive Medicare under the National Health Act to:
                (a)    evaluate the Prescription Shopping Program; and
               (b)    report (using de‑identified PBS information) to the Health Department and other bodies on the administration and outcomes of the Program.
         (8)   In this regulation:
nominated prescriber, in relation to a prescription shopper, means a prescriber nominated by the prescription shopper from time to time to be that person’s main prescriber.
prescriber means a person who is authorised to prescribe a pharmaceutical benefit or purports to be authorised to prescribe a pharmaceutical benefit.
prescription shopper has the meaning given by subregulation (9).
Prescription Shopping Program means the program administered by the Department and the Health Department to reduce doctor shopping.
target pharmaceutical benefits means pharmaceutical benefits in any of the following categories of the Anatomical Therapeutic Chemical classification system:
                (a)    N02 (Analgesics);
               (b)    N03 (Antiepileptics);
                (c)    N04 (Anti‑Parkinson Drugs);
               (d)    N05 (Psycholeptics);
                (e)    N06 (Psychoanaleptics);
                (f)    N07 (Other central nervous system drugs);
               (g)    R03 (Drugs for obstructive airway diseases);
               (h)    C10A (Serum lipid reducing agents);
                (i)    A02B (Drugs for peptic ulcer and gastro‑oesophageal reflux diseases);
                (j)    J01 (Antibacterials for systemic use);
               (k)    M01 (Anti-inflammatory and antirheumatic products);
                (l)    A10A (Insulin and analogues);
              (m)    C02 (Antihypertensives).
Note   The Anatomical Therapeutic Chemical classification system is published by the World Health Organisation’s Collaborating Centre for Drug Statistics Methodology.
         (9)   In this regulation, prescription shopper means a person who, within any 3 month period:
                (a)    has had supplied to him or her pharmaceutical benefits prescribed by 6 or more different prescribers; or
               (b)    has had supplied to him or her a total of 25 or more target pharmaceutical benefits; or
                (c)    has had supplied to him or her a total of 50 or more pharmaceutical benefits.
       (10)   Paragraph (9) (a) does not include a prescriber who is a specialist within the meaning of subsection 3 (1) of the Health Insurance Act and who has prescribed pharmaceutical benefits to a person in that capacity.
21            Functions in relation to provision of emergency services
         (1)   The following are prescribed functions:
                (a)    providing a service, benefit, program or facility to a person affected by an emergency (an emergency service);
               (b)    participating in disaster policy and planning activities, including activities undertaken by disaster policy and planning committees.
         (2)   Without limiting subregulation (1), the Chief Executive Medicare may perform the functions for, or under an arrangement with, a State or Territory body.
         (3)   The function mentioned in paragraph (1) (a) includes the following:
                (a)    establishing and maintaining a register of persons affected by the emergency;
               (b)    receiving, processing, investigating, deciding and paying claims for assistance;
                (c)    operating a telephone enquiry line;
               (d)    providing call centre assistance;
                (e)    making arrangements for health assessments and other assistance in relation to health care;
                (f)    referring a person to another organisation if the person requires assistance provided by that organisation;
               (g)    working with, and providing information to, other government and non‑government bodies in relation to the provision of assistance;
               (h)    providing information to a State or Territory body about a person affected by the emergency that will assist the State or Territory body to provide a payment, benefit or other assistance to the person;
                (i)    undertaking action (including starting legal proceedings) to recover payments that should not have been made;
               (ij)    disclosing statistical information (including de‑identified information from the register mentioned in paragraph (a)) about assistance provided;
               (k)    undertaking compliance, audit, review, investigation, enforcement and recovery services ancillary to the emergency service.
         (4)   Information in subregulation (3) includes personal information.
         (5)   If the Chief Executive Medicare provides an emergency service to a person, or the person makes a request for an emergency service, the Chief Executive Medicare may:
                (a)    collect information about the person or the person’s family, including personal information; and
               (b)    maintain records about the emergency service or the request.
22            Functions in relation to aged care payments
                The following are prescribed functions:
                (a)    making payments as directed by the Health Department to a proprietor of eligible premises under section 56 of the National Health Act;          
               (b)    making payments in relation to residential care services under section 60 of the Aged Care (Consequential Provisions) Act 1997;
                (c)    undertaking action (including starting legal proceedings) to recover any amount paid under paragraph (a) or (b) that is an overpayment.
23            Function in relation to lifetime health cover
         (1)   A prescribed function is to assist the Health Department with communications to members of the public about lifetime health cover.
         (2)   This function includes:
                (a)    identifying persons who have become subject to, or will soon become subject to, the operation of lifetime health cover; and
               (b)    providing persons identified under paragraph (a) with information about lifetime health cover received by the Chief Executive Medicare from the Health Department; and
                (c)    providing information and reports on matters relating to lifetime health cover to the Health Department.
         (3)   In performing this function, the Chief Executive Medicare may use personal information collected for the performance of the medicare functions.
24            Functions in relation to inappropriate practices  
         (1)   The following are prescribed functions:
                (a)    devising and implementing measures to:
                          (i)    prevent practitioners and other persons from engaging in inappropriate practice; and
                         (ii)    detect cases where practitioners or other persons have engaged in inappropriate practice in relation to rendering or initiating services; and
                        (iii)    prevent or detect activities relating to claims for medicare benefits, or receipt of medicare benefits, that may constitute an offence under the Health Insurance Act, the Crimes Act 1914 or the Criminal Code;
               (b)    if there are reasonable grounds to suspect that a person has engaged in inappropriate practice, investigating the conduct of the person to decide whether to make a request under subsection 86 (1) of the Health Insurance Act for the provision of services by the person to be reviewed;
                (c)    investigating cases where there are reasonable grounds to suspect that:
                          (i)    an act in relation to a claim for medicare benefits, or receipt of medicare benefits, may constitute an offence under the Health Insurance Act, the Crimes Act 1914 or the Criminal Code; or
                         (ii)    a person may have committed an offence against section 23DP, 106D or 106EA, or subsection 19D (2), 19D (7), 106E (1) or 106E (2), of the Health Insurance Act;
               (d)    if an investigation under paragraph (c) discloses enough evidence for a prosecution, referring the case and the evidence to the Australian Federal Police or the Director of Public Prosecutions;
                (e)    undertaking action (including starting legal proceedings) to recover from a person an amount of medicare benefit that is recoverable by the Commonwealth, including under the Health Insurance Act.
         (2)   In this regulation:
inappropriate practice has the meanings given by section 82 of the Health Insurance Act.
practitioner has the meaning given by section 81 of the Health Insurance Act.
service has the meaning given by section 81 of the Health Insurance Act.
25            Functions in relation to provision of pharmaceutical benefits
                The following are prescribed functions:
                (a)    processing claims for payment relating to the provision of pharmaceutical benefits under Part VII of the National Health Act, and making payments of those claims;
               (b)    on behalf of the Repatriation Commission, processing claims for payment relating to the provision of pharmaceutical benefits under the Veterans’ Entitlements Act 1986 and the Australian Participants in British Nuclear Tests (Treatment) Act 2006, and making payments of those claims;
                (c)    on behalf of the Military Rehabilitation and Compensation Commission, processing claims for payment relating to the provision of pharmaceutical benefits under the Military Rehabilitation and Compensation Act 2004, and making payments of those claims;
               (d)    devising and implementing measures to prevent or detect contraventions of Part VII of the National Health Act or the Pharmaceutical Benefits Regulations;
                (e)    investigating cases where there are reasonable grounds to suspect that an act in relation to the provision of a pharmaceutical benefit may constitute an offence under the National Health Act, the Pharmaceutical Benefits Regulations, the Crimes Act 1914 or the Criminal Code;
                (f)    if an investigation under paragraph (e) discloses enough evidence for a prosecution, referring the case and the evidence to the Australian Federal Police or the Director of Public Prosecutions;
               (g)    undertaking action (including starting legal proceedings) to recover from a person an amount relating to a pharmaceutical benefit that is recoverable by the Commonwealth, including under the National Health Act or the Pharmaceutical Benefits Regulations.
26            Functions in relation to hearing services
         (1)   The following are prescribed functions:
                (a)    acting as the claims acceptance body for section 21 of the Hearing Services Administration Act 1997;
               (b)    acting as the claims payment body for that section.
         (2)   Subregulation (1) has effect only when a declaration that the Chief Executive Medicare is the claims acceptance body or the claims payment body for the purposes of section 21 of the Hearing Services Administration Act 1997 is in force.
         (3)   Each of the functions in subregulation (1) includes:
                (a)    recovering a service provider debt under section 24 of the Hearing Services Administration Act 1997 if:
                          (i)    the debt is apparent from the records of the Chief Executive Medicare; or
                         (ii)    the Health Department notifies the Chief Executive Officer of the debt; and
               (b)    disclosing the following information to the Health Department about a claim accepted or paid by the Chief Executive Medicare:
                          (i)    client number;
                         (ii)    voucher number;
                        (iii)    date on which the claim was submitted;
                        (iv)    date on which the claim was processed;
                         (v)    date of the service to which the claim relates;
                        (vi)    provider number;
                       (vii)    practitioner number;
                      (viii)    site identification;
                        (ix)    item number;
                         (x)    hearing loss details for right and left ears;
                        (xi)    details of the device fitted to the client, whether fitted to the left or right ear, and fitting configuration;
                       (xii)    date on which the device was fitted;
                      (xiii)    details of top‑up devices;
                      (xiv)    contracted service provider’s certification details;
                       (xv)    client certification details;
                      (xvi)    cost to the client;
                     (xvii)    payment details;
                    (xviii)    a code showing the reason a claim or an element of a claim was rejected;
                      (xix)    any other details about the processing of the claim.
         (4)   In this regulation:
client means a person who received a hearing service for which a claim has been made.
contracted service provider has the meaning given by section 4 of the Hearing Services Administration Act 1997.
hearing services has the meaning given by section 4 of the Hearing Services Administration Act 1997.
voucher has the meaning given by section 4 of the Hearing Services Administration Act 1997.
27            Functions in relation to military compensation
                The following are prescribed functions:
                (a)    processing, on behalf of the Military Rehabilitation and Compensation Commission, claims for compensation under Chapter 6 of the Military Rehabilitation and Compensation Act 2004;
               (b)    making payments for those claims.
28            Functions in relation to claims for treatment provided under certain legislation
                The following are prescribed functions:
                (a)    processing, on behalf of the Repatriation Commission and the Military Rehabilitation and Compensation Commission, claims for payment in relation to:
                          (i)    the provision of medical treatment under Division 2 of Part IV of the Seamen’s War Pensions and Allowances Regulations, as in force on 30 June 1994; and
                         (ii)    the provision of treatment under the following Acts:
                                   (A)     Australian Participants in British Nuclear Tests (Treatment) Act 2006;
                                   (B)     Military Rehabilitation and Compensation Act 2004;
                                   (C)     Safety, Rehabilitation and Compensation Act 1988;
                                   (D)     Veterans’ Entitlements Act 1986;
               (b)    making payments for those claims.
29            Function in relation to registration of sonographers
                A prescribed function is to establish and maintain a register of sonographers.
30            Function in relation to mental health care by medical practitioners
                A prescribed function is to establish and maintain a register of medical practitioners who may provide focused psychological strategies under the Better Access to Psychiatrists, Psychologists and General Practitioners through the Medicare Benefits Schedule Initiative administered by the Health Department.
31            Functions in relation to allocation of identification numbers
                The following are prescribed functions:
                (a)    allocating identification numbers for the purposes of the National Health Act to medical practitioners and to participating dental practitioners;
               (b)    allocating identification numbers for the purposes of the Health Insurance Act to the following persons in relation to the person’s places of practice:
                          (i)    practitioners;
                         (ii)    approved pathology practitioners;
                        (iii)    participating midwives;
                        (iv)    participating nurse practitioners;
                         (v)    participating optometrists;
                        (vi)    persons providing health services determined under section 3C of that Act.
Part 4                 Miscellaneous
  
32            Prescribed period
                For paragraph 41C (8) (a) of the Act, the prescribed period is the period of 2 years that commenced on 1 January 1981.
[7]           Further amendments — Chief Executive Officer
                The following provisions are amended by omitting each mention of ‘Chief Executive Officer’ and inserting ‘Chief Executive Medicare’:
·      regulations 5 to 17.
Schedule 2        Amendments of other legislation
(regulation 4)
  
Part 1                      Amendments of Australian Citizenship Regulations 2007
[1]           Regulation 4, definition of Centrelink
substitute
Centrelink means the Commonwealth Services Delivery Agency that was established by the Commonwealth Services Delivery Agency Act 1997.
Note   The Agency was abolished on 1 July 2011 by the Human Services Legislation Amendment Act 2011.
[2]           Regulation 4, after definition of Hague Convention on Intercounty Adoption
insert
Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.
[3]           Schedule 3, items 9 to 12
omit each mention of
Centrelink
insert
the Human Services Department or Centrelink
Part 2                      Amendment of Australian Crime Commission Regulations 2002
[4]           Schedule 6, items 115 and 128
omit
Part 3                      Amendments of Child Support (Assessment) Regulations 1989
[5]           Regulation 3, before definition of Tax Act
insert
Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.
[6]           Paragraphs 12 (1) (a) and (b)
substitute
                (a)    the Human Services Department; or
Part 4                      Amendments of Child Support Reform (New Formula and Other Measures) Regulations 2007
[7]           Regulation 4, after definition of existing assessment
insert
Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.
[8]           Paragraphs 32 (1) (a) and (b)
substitute
                (a)    the Human Services Department; or
Part 5                      Amendment of Child Support (Registration and Collection) Regulations 1988
[9]           Regulation 8, not including the note
substitute
8              Debts due to the Commonwealth
                For paragraph 113 (1) (a) of the Act:
                (a)    the place at which a debt is payable is any of the following:
                          (i)    the Department;
                         (ii)    a payment agency that, by arrangement with the Department, accepts payment of such a debt;
                        (iii)    a financial institution that, by arrangement with the Department, maintains an account for receipt of payment of such a debt; and
               (b)    the manner in which a debt is payable is:
                          (i)    if the payment of the debt is made to the Department:
                                   (A)     by cheque or money order; or
                                   (B)     by electronic means capable of being processed by the Department; or
                         (ii)    if the payment of the debt is made to a payment agency or financial institution — by a means capable of being processed by the payment agency or financial institution.
Part 6                      Amendments of Civil Aviation Safety Regulations 1998
[10]         Subregulation 67.010 (1), after definition of Designated Aviation Medical Examiner’s Handbook
insert
Human Services Department means the Department administered by the Minister administering the Human Services (Medicare) Act 1973.
[11]         Further amendments — Medicare Australia
                The following provisions are amended by omitting ‘Medicare Australia’ and inserting ‘the Human Services Department’:
·      subregulation 67.010 (1), definition of specialist medical practitioner, paragraph (a)
·      subregulation 67.010 (1), definition of specialist psychiatrist, paragraph (a)
·      subparagraph 67.025 (2) (c) (i)
·      paragraph 67.065 (4) (a)
·      paragraph 67.075 (3) (a).
Part 7                      Amendments of Customs Administration Regulations 2000
[12]         Schedule 2, item 126
omit
[13]         Schedule 2, after item 137
insert
137A
Department of Human Services
A, B, C, D, E, F, G
[14]         Schedule 2, item 153
omit
Part 8                      Amendments of Electoral and Referendum Regulations 1940
[15]         Schedule 1, item 11
omit
[16]         Schedule 1, item 18
substitute
18
Department of Human Services
   (a)  Preventing and detecting fraud relating to identity or incorrect payments
  (b)  Identifying or locating clients for debt management, determination or correction purposes
   (c)  Undertaking compliance, investigation or enforcement activities relating to the Chief Executive Medicare’s functions under section 5 of the Human Services (Medicare) Act 1973
  (d)  Recovering overpayments or other amounts due to the Commonwealth in relation to the performance of the Chief Executive Medicare’s functions under section 5 of the Human Services (Medicare) Act 1973
[17]         Schedule 1, item 23
omit
[18]         Schedule 3, item 7
substitute
7
Current concession card issued by Centrelink or the Department of Human Services
[19]         Schedule 4, item 7
substitute
7
Current concession card issued by Centrelink or the Department of Human Services
Part 9                      Amendments of Family Law Regulations 1984
[20]         Paragraph 12CB (e)
substitute
                (e)    Department of Human Services;
[21]         Paragraph 12CB (g)
substitute
               (g)    Australian Institute of Family Studies.
[22]         Paragraphs 12CB (h) and (j)
omit
Part 10                   Amendments of Financial Transaction Reports Regulations 1990
[23]         Subregulation 2 (1), after definition of higher education institution
insert
Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.
[24]         Paragraph 10A (1) (b)
omit
a Centrelink officer;
insert
an employee of the Human Services Department;
[25]         Subregulation 10A (3)
substitute
         (3)   In subregulation (1):
letter of introduction means a letter signed by the signatory and an employee of the Human Services Department to the effect that:
                (a)    the signatory is the recipient of a social security payment; and
               (b)    the signatory’s signature has been verified from the records of the Department.
[26]         Paragraph 11C (b)
omit
a Centrelink officer
insert
an employee of the Human Services Department
Part 11                   Amendments of Health Insurance (Diagnostic Imaging Services Table) Regulations 2010
[27]         Amendments — Medicare Australia CEO
                The following provisions are amended by omitting ‘Medicare Australia CEO’ and inserting ‘Chief Executive Medicare’:
·      Schedule 1, subclause 1.2.7 (11), definition of highest fee
·      Schedule 1, subparagraph 2.4.1 (b) (i)
·      Schedule 1, subclause 2.4.5 (1)
·      Schedule 1, paragraph 2.4.5 (1) (e)
·      Schedule 1, subclause 2.4.5 (2)
·      Schedule 1, subclause 2.5.4 (2)
·      Schedule 1, subclause 2.6.1 (4), definition of practice location
·      Dictionary, definition of registered sonographer.
Part 12                   Amendments of Health Insurance (General Medical Services Table) Regulations 2010
[28]         Schedule 1, subparagraph 2.20.8 (1) (b) (i)
substitute
                          (i)    whose name is entered in the register maintained by the Chief Executive Medicare under regulation 30 of the Human Services (Medicare) Regulations 1975; and
[29]         Schedule 1, clause 2.20.8, table, items 2721 to 2727
omit
Medicare Australia
insert
the Chief Executive Medicare
[30]         Schedule 1, clause 2.22.1, table, item 4001
omit
Medicare Australia
insert
the Chief Executive Medicare
[31]         Paragraph 2.37.8 (c)
omit
Medicare Australia
insert
the Chief Executive Medicare
[32]         Further Amendments — Medicare Australia CEO
                The following provisions are amended by omitting ‘Medicare Australia CEO’ and inserting ‘Chief Executive Medicare’:
·      Schedule 1, sub‑subparagraph 1.1.1 (1) (b) (iii) (B)
·      Schedule 1, subclause 1.1.1 (2), definitions of After Hours Other Medical Practitioners Program, MedicarePlus for Other Medical Practitioners Program and Rural Other Medical Practitioners’ Program
·      Schedule 1, paragraph 2.9.1 (b)
·      Schedule 1, clause 2.31.1, definition of practice location
·      Schedule 1, subclause 2.37.9 (1)`
·      Schedule 1, subclause 2.42.3 (1)
·      Schedule 1, paragraph 2.44.6 (b)
·      Schedule 1, paragraph 2.44.7 (b)
Part 13                   Amendment of Health Insurance (Pathology Services) Regulations 1989
[33]         Regulation 5
omit
the office of Medicare Australia,
insert
the Department of Human Services,
Part 14                   Amendment of Health Insurance (Pathology Services Table) Regulations 2010
[34]         Schedule 1, subclause 2.12.1 (3), definition of practice location
omit
Medicare Australia CEO.
insert
Chief Executive Medicare.
Part 15                   Amendment of Health Insurance (Professional Services Review) Regulations 1999
[35]         Schedule 2, item 7
substitute
7
Human Services Department
Part 16                   Amendments of Health Insurance Regulations 1975
[36]         Subregulation 6DA (1)
omit
Medicare CEO
insert
Chief Executive Medicare
[37]         Subregulation 6DA (7)
substitute
         (7)   In this regulation:
authorised officer means a Departmental employee (within the meaning given by section 3 of the Human Services (Medicare) Act 1973) authorised in writing by the Chief Executive Medicare for this regulation.
[38]         Regulation 28
substitute
28            Delegation
                The Chief Executive Medicare may, by writing, delegate to a Departmental employee (within the meaning given by section 3 of the Human Services (Medicare) Act 1973) all or any of the powers and functions of the Chief Executive Medicare under regulation 27.
[39]         Schedule 3, Part 1, clause 1, definition of VP, subparagraph (g) (xiii)
omit
Medicare Australia’s
insert
Human Services Department’s
[40]         Further amendments — Medicare Australia CEO
                The following provisions are amended by omitting each mention of ‘Medicare Australia CEO’ and inserting ‘Chief Executive Medicare’:
·      regulation 2, definition of investigation, paragraph (a)
·      regulation 2, definition of provider number, paragraph (a)
·      regulation 2, definition of requester number
·      subregulations 6B (1) and (2)
·      paragraph 6C (1) (b)
·      paragraph 6D (1) (a)
·      subregulation 6DA (2)
·      paragraphs 6DA (3) (a) and (b)
·      subregulations 6DA (4) to (6)
·      subregulations 6DC (1) and (3)
·      paragraph 6EB (b)
·      paragraph 6F (b)
·      paragraphs 13 (10) (a) and (b)
·      subregulation 13AA (1)
·      subparagraphs 13AA (2) (b) (i) and (ii)
·      subregulation 13AB (1)
·      subregulation 13B (1)
·      subregulation 20 (4), definition of registered sonographer
·      sub‑subparagraphs 27 (1) (b) (ii) (A) to (D)
·      paragraphs 27 (3) (a) to (c)
·      subregulation 27 (6)
·      paragraph 27 (7) (c)
·      Schedule 3, Part 1, clause 1, definition of Inv, paragraph (a)
·      Schedule 3, Part 1, clause 1, definition of TP, paragraph (c)
·      Schedule 3, Part 1, clause 1, definition of TP, subparagraph (e) (v)
·      Schedule 3, Part 1, clause 1, definition of VP, paragraphs (e) and (f).
Part 17                   Amendments of Health Insurance (Vocational Registration of General Practitioners) Regulations 1989
[41]         Subregulation 2 (1), definition of Medicare Australia CEO
omit
[42]         Further amendments — Medicare Australia CEO
                The following provisions are amended by omitting each mention of ‘Medicare Australia CEO’ and inserting ‘Chief Executive Medicare’:
·      subregulations 4 (1) to (3)
·      subregulation 4A (1)
·      paragraph 4A (4) (a)
·      subregulations 6 (1) to (4)
·      paragraph 8 (1) (a).
Part 18                   Amendment of Income Tax Assessment Regulations 1997
[43]         Paragraph 61‑220.01 (5) (c)
omit
Chief Executive Officer of Medicare Australia
insert
Chief Executive Medicare
Part 19                   Amendments of Medical Indemnity Regulations 2003
[44]         Amendments — Medicare Australia CEO
                The following provisions are amended by omitting each mention of ‘Medicare Australia CEO’ and inserting ‘Chief Executive Medicare’:
·      paragraph 20 (1) (d)
·      subregulation 20 (1A)
·      paragraph 21 (1) (d)
·      subregulation 21 (1A)
·      paragraph 22 (2) (c) and (3) (b)
·      subregulation 22 (3A)
·      paragraph 23 (1) (b)
·      subregulation 23 (1A)
·      paragraph 24 (1) (b)
·      subregulation 24 (2)
·      paragraph 25 (c)
·      subregulation 26 (3).
Part 20                   Amendments of Military Rehabilitation and Compensation Regulations 2004
[45]         Subregulation 3 (1), after definition of Act
insert
Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.
[46]         Subregulation 21 (1), table, item 2
substitute
2
   (a)  An employee of the Human Services Department; or
  (b)  A contractor of the Human Services Department
   (a)  Administering the social security law; or
  (b)  Giving information relevant to the administration of concessions provided, on the basis of receipt of compensation under the Act, by:
         (i)   State, Territory or local government authorities; or
        (ii)   organisations prescribed for regulation 9 of the Privacy (Private Sector) Regulations 2001
Part 21                   Amendments of National Health (Pharmaceutical Benefits) Regulations 1960
[47]         Subparagraph 19 (1) (b) (i)
substitute
                          (i)    the authority approval number allotted by the Chief Executive Medicare, unless the prescription is to be posted or delivered to the Chief Executive Medicare for authorisation; or
[48]         Subparagraph 22 (2) (a) (i)
omit
Medicare Australia CEO;
insert
Chief Executive Medicare;
[49]         Paragraph 22 (2) (b)
omit
Medicare Australia CEO
insert
Chief Executive Medicare
[50]         Schedule 6
substitute
Schedule 6        Prescribed offices for subsections 84DA (5) and 84E (5) of the Act
(regulations 9AF and 9BA)
  
1.         Pharmaceutical Benefits Scheme
            Claims Section
            Department of Human Services
            GPO Box 9826
            SYDNEY NSW 2000
2.         Pharmaceutical Benefits Scheme
            Claims Section
            Department of Human Services
            GPO Box 9826
            MELBOURNE VIC 3000
3.         Pharmaceutical Benefits Scheme
            Claims Section
            Department of Human Services
            GPO Box 9826
            BRISBANE QLD 4000
4.         Pharmaceutical Benefits Scheme
            Claims Section
            Department of Human Services
            GPO Box 9826
            PERTH WA 6000
5.         Pharmaceutical Benefits Scheme
            Claims Section
            Department of Human Services
            GPO Box 9826
            ADELAIDE SA 5000
6.         Pharmaceutical Benefits Scheme
            Claims Section
            Department of Human Services
            GPO Box 9826
            HOBART TAS 7000
7.         Pharmaceutical Benefits Scheme
            Claims Section
            Department of Human Services
            GPO Box 9826
            CANBERRA ACT 2600
8.         Pharmaceutical Benefits Scheme
            Claims Section
            Department of Human Services
            GPO Box 9826
            DARWIN NT 0800
Part 22                   Amendment of National Health (Pharmaceuticals and Vaccines — Cost Recovery) Regulations 2009
[51]         Subparagraph 5.1 (1) (m) (i)
omit
Medicare Australia
insert
the Human Services Department
Part 23                   Amendment of Ombudsman Regulations 1977
[52]         Schedule 4, item 13
omit
Part 24                   Amendments of Privacy (Private Sector) Regulations 2001
[53]         Regulation 6, definition of Centrelink
substitute
Centrelink means the Commonwealth Services Delivery Agency that was established by the Commonwealth Services Delivery Agency Act 1997.
Note   The Agency was abolished on 1 July 2011 by the Human Services Legislation Amendment Act 2011.
centrelink program has the meaning given by section 40 of the Human Services (Centrelink) Act 1997.
Customer Reference Number means the number assigned to an individual by Centrelink, or by the Department of Human Services in relation to centrelink programs.
[54]         Subregulation 9 (1), subheading
substitute
Customer Reference Number
[55]         Paragraphs 9 (1) (b), 10 (b) and 11 (b)
substitute
               (b)    a Customer Reference Number is a prescribed identifier; and
[56]         Schedule 2, items 68 and 69
omit
[57]         Schedule 2, after item 96
insert
  96A.       Department of Human Services
[58]         Schedule 2, item 129A
omit
[59]         Schedule 3, Part 1, heading
substitute
Part 1          Organisations that may use or disclose Customer Reference Numbers
Part 25                   Amendment of Proceeds of Crime Regulations 1987
[60]         Paragraph 3B (j)
omit
Part 26                   Amendment of Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976
[61]         Schedule 1, item 6
omit
Part 27                   Amendments of Student Assistance Regulations 2003
[62]         Subregulation 3 (1), definition of Centrelink
omit
[63]         Regulation 4
substitute
4              Notification of prescribed events
         (1)   These Regulations prescribe events for section 48 of the Act.
Note   A person who is receiving, or entitled to receive, an amount under a financial supplement contract or a current special educational assistance scheme must notify the Department within 14 days if a prescribed event occurs.
         (2)   A person is taken to have notified the Department of a prescribed event if the person notifies the Human Services Department.
Note   For the purposes of section 48 of the Act, the Human Services Department acts on behalf of the Department that administers these Regulations.
[64]         Subparagraphs 8 (d) (viii) and (x)
omit
Centrelink;
insert
the Human Services Department;or
[65]         Subparagraph 8 (d) (xi)
substitute
                        (xi)    has a partner whose income varies from the last assessment of income given to the Human Services Department.
Note   Information that was given to Centrelink before 1 July 2011 is taken on and after 1 July 2011 to have been given to the Human Services Department — see the Human Services Legislation Amendment Act 2011, Schedule 2, items 54 (documents lodged with Centrelink) and 55 (other acts done in relation to Centrelink).
[66]         Schedule 1, item 116
omit
Centrelink.
insert
the Department of Human Services.
[67]         Schedule 1, after item 133
insert
Note   For item 116, information that was given to Centrelink before 1 July 2011 is taken on and after 1 July 2011 to have been given to the Human Services Department — see the Human Services Legislation Amendment Act 2011, Schedule 2, items 54 (documents lodged with Centrelink) and 55 (other acts done in relation to Centrelink).
[68]         Schedule 1, item 205, paragraph (b)
omit
Centrelink.
insert
the Department of Human Services.
[69]         Schedule 1, Part 2, note
substitute
Note 1   The Guide to Australian Government Payments explains concepts used in this Part.
Note 2   Information that was given to Centrelink before 1 July 2011 is taken on and after 1 July 2011 to have been given to the Human Services Department — see the Human Services Legislation Amendment Act 2011, Schedule 2, items 54 (documents lodged with Centrelink) and 55 (other acts done in relation to Centrelink).
Part 28                   Amendment of Superannuation Guarantee (Administration) Regulations 1993
[70]         Regulation 7AE
omit
Medicare Australia
insert
the Department administered by the Minister administering the Human Services (Medicare) Act 1973
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
 
 
 

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