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1995 NO. 375 HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT) - REG 3

3. New Regulation 3Q
3.1 After regulation 3P, insert: Additional functions of the Commission:
Australian Childhood Immunisation Register

"3Q. (1) In this regulation:
'authorised', in relation to a person to whom information may be given in
accordance with paragraph (6) (e), means a person who is authorised under
subregulation (7);
'child' means a child under the age of 7 years;
'immunisation' means the process of administering to a child:

   (a)  a vaccine that is registered under section 17 of the
        Therapeutic Goods  Act 1989 ; or

   (b)  a vaccine that is:

        (i)    exempt goods within the meaning of that Act; or

        (ii)   approved under section 19 of that Act;
being a vaccine that is used to immunise the child in a clinical trial;
'immunisation encounter' means the immunisation of a child against a vaccine
preventable disease by a recognised immunisation provider;
'information' means information contained in a record that is kept by the
Commission in relation to the immunisation of children against vaccine
preventable diseases by recognised immunisation providers, including the names
and addresses of children, the date and nature of the immunisation of each
child and the names of providers, but:

   (a)  in paragraphs (6) (a) and (b), does not include information as to the
        address of a child or of a parent or guardian of the child; and

   (b)  in paragraphs (6) (d) and (e), does not include information about a
        child or a parent or guardian of the child, if the parent or guardian
        or other person has advised the Commission that he or she does not
        wish to be notified when the child needs to be immunised;
'medicare database' means the medicare enrolment files and the medicare
numbers held by the Commission for the purposes of the medicare functions of
the Commission;
'purpose relating to the immunisation or health of children' means any of the
following purposes:

   (a)  the recording of information about the immunisation of children;

   (b)  the use of information so recorded to determine:

        (i)    when a particular child was last immunised and the nature of
               the immunisation; or

        (ii)   when a particular child needs to be immunised;

   (c)  the notification of a parent or guardian of a child, or of another
        person exercising responsibilities in relation to the health of a
        child, when the child needs to be immunised;
'recognised immunisation provider' means a person who is recognised by the
Commission as a provider of immunisation to children;
'the Register' means the Australian Childhood Immunisation Register;
'vaccine preventable disease' means:

   (a)  diphtheria, Haemophilus influenzae type b (Hib), measles, mumps,
        pertussis, poliomyelitis, rubella and tetanus; and

   (b)  in relation to a child for whom the fifth edition of the Australian
        Immunisation Procedures Handbook published by the Australian
        Government Publishing Service recommends vaccination against hepatitis
        B and tuberculosis-hepatitis B and tuberculosis.

"(2) For the purposes of subsection 8E (1) of the Act, the following functions
of the Commission are prescribed:

   (a)  to establish and maintain a register known as the Australian Childhood
        Immunisation Register;

   (b)  to record all immunisation encounters in the Register that are
        notified to the Commission by recognised information providers or
        bodies specified in Schedule 3;

   (c)  subject to subregulation (6), to use information contained in the
        Register for purposes relating to the immunisation or health of
        children;

   (d)  to make a payment to:

        (i)    a recognised immunisation provider, or to another person
               authorised by that provider to receive the payment; or

        (ii)   the authority of a State or Territory the functions of which
               include the registration of deaths in the State or Territory;
               in relation to the administrative costs incurred by the
               provider or authority in notifying the Commission about:

        (iii)  in the case of a provider-an immunisation encounter of the
               provider; and

        (iv)   in any case-the death of a child in relation to whom there is
               an entry in the Register.

"(3) For the purposes of paragraph (2) (d), if a payment mentioned in that
paragraph is more than the amount that should have been paid, the Commission
may, in relation to a later payment to or for the person or authority
concerned, reduce the amount paid to or for that person or authority by an
amount that does not exceed the amount of the overpayment.

"(4) The Commission may use the medicare database to establish and maintain
the Register.

"(5) The Commission may establish and maintain the Register in a computerised
form.

"(6) For the purposes of subregulation (2), the Commission 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; or

        (ii)   an officer of the Department; or

        (iii)  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 that 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 Commission; 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 body specified in Schedule 3; 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, for that purpose.

"(7) The Managing Director of the Commission may authorise the receipt of
information under paragraph (6) (e) by a person who is:

   (a)  a recognised immunisation provider; or

   (b)  an officer or employee of a body specified in Schedule 3; who has
        agreed in writing that, even if the person ceases to be a person to
        whom paragraph (a) or (b) refers, he or she:

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

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

   (e)  in the case of an officer or employee of a body specified in Schedule
        3-will ensure that:

        (i)    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; and

        (ii)   if it is necessary for the record to be given to a person in
               connection with the provision of a service to the officer or
               employee-everything reasonably within the power of the officer
               or employee is done to prevent loss of the record or misuse of
               the information.

"(8) For the purposes of subregulation (7):

   (a)  paragraphs (7) (c) and (d) are taken not to refer to information that
        is required to be given to a court; and

   (b)  in the case of information given to a recognised immunisation
        provider-paragraphs (7) (c) and (d) are taken not to refer to
        information that the recognised immunisation provider needs to give to
        a person in the course of performing the function of immunising
        children; and

   (c)  in the case of information given to an officer or employee of a body
        specified in Schedule 3-paragraphs (7) (c) and (d) are taken not to
        refer to information that the officer or employee needs to give to a
        person in the course of performing the duties and functions, and
        exercising the powers, of an officer or employee of the body for
        purposes relating to the immunisation or health of children.". 


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