Health Insurance Act 1973

This section applies to information that:

is obtained or generated by an officer (within the meaning of section 130) in the performance of duties or functions, or in the exercise of powers, under this Act; and

relates to the affairs of a person.

The Director of Professional Services Review appointed under section 83 (the Director) may disclose to a person or body information to which this section applies if:

the person or body has received from the Director:

a statement under subsection 106XA(2) or (3), stating concerns that conduct by a practitioner (including a person who has been a practitioner) has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person; or

a statement under subsection 106XB(2), stating concerns that a practitioner (including a person who has been a practitioner) has failed to comply with professional standards; and

the information relates to any of the following:

the review or investigation in connection with which the statement is given;

any matter covered by the review or investigation or the statement;

the services or benefits provided, or purportedly provided, by the practitioner under a medicare program; and

the Director is satisfied that the disclosure is:

necessary for the purposes of the National Law; and

in the public interest.

The Director may disclose information to which this section applies if:

the disclosure is for the purposes of any of the following:

the integrity or sustainability of a medicare program;

the protection of a person from a risk arising from, or in connection with, the provision of a benefit or service under a medicare program;

proceedings to recover an amount that is recoverable under this Act, the Dental Benefits Act 2008 or the National Health Act 1953 as a debt due to the Commonwealth, or is otherwise required by or under those Acts to be repaid to the Commonwealth;

any other proceedings in relation to compliance with a requirement under this Act; and

the Director is satisfied that the disclosure is in the public interest.

For subparagraph (a)(i), section 130AAB extends the meaning of the integrity or sustainability of a medicare program.

The Director may disclose information to which this section applies to facilitate the performance of duties or functions, or the exercise of powers, by the Director or any other person under this Act or any other Act.

Subsections (2), (3) and (4) constitute permissions or authorisations for the purposes of section 106ZR or 130 (see subsection 106ZR(1) (which exempts disclosures required or permitted under this Act) and subsection 130(1A)).

Subsections (2), (3) and (4) also constitute authorisations for the purposes of other laws, such as the Privacy Act 1988.

If the Director discloses information to a person or body (the recipient) under subsection (2), (3) or (4), the Director may, by instrument in writing, specify terms and conditions subject to which the information may be used or disclosed by the recipient.

Without limiting subsection (5), the instrument may require the recipient to give an undertaking in writing with respect to the use or disclosure of the information by the recipient, which may include an undertaking not to disclose any of the information to any other person or body.

An instrument under subsection (5) is not a legislative instrument.