Individual decisionshealth or medical goods or services
(a) taking the other person's age into account in making the decision is
reasonably based on evidence, and professional knowledge, about the ability of
persons of the other person's age to benefit from the goods or services; and
(b) the decision is not in accordance with an exempted health program.
Note: The exemption in subsection (2) covers anything done by a person in accordance with an exempted health program.
Administration of certain health legislation
(a) the Health Insurance Act 1973 , or a regulation or any other instrument
made under that Act, to the extent that the thing done relates to:
(i) the release of, or the giving of access to, information held by the
Health Insurance Commission; or
(ii) the issue of a medicare card; or
(b) the National Health Act 1953 , or a regulation or any other instrument
made under that Act, to the extent that the thing done relates to the
release of, or the giving of access to, information held by the Health
Insurance Commission; or
(c) the Therapeutic Goods Act 1989 , or a regulation or any other
instrument made under that Act.
Definitions
(a) relates to health goods or services or medical goods or services; and
(b) to the extent that it applies to people of a particular age, is
reasonably based on evidence of effectiveness, and on cost (if cost
has been taken into account in relation to the program, scheme or
arrangement).
The evidence of effectiveness mentioned in paragraph (b) is evidence that is reasonably available from time to time about matters (such as safety, risks, benefits and health needs) that:
(c) affect people of the age mentioned in that
paragraph (if no comparable evidence is reasonably available from
time to time in relation to people of a different age); or
(d) affect people of the age mentioned in that paragraph in a different
way to people of a different age (in all other cases).