Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subsection 4(1) (definition of CEO )
Repeal the definition.
2 Subsection 4(1)
Insert:
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
3 Subsection 4(1)
Insert:
"Chief Executive Medicare" has the same meaning as in the Human Services (Medicare) Act 1973 .
4 Subsection 4(1) (definition of employee )
Repeal the definition, substitute:
"employee" , when used in Part IV, VI or IX, means a person who receives, or is entitled to receive, work and income support related withholding payments.
5 Subsection 4(1)
Insert:
"medicare program" has the same meaning as in the Human Services (Medicare) Act 1973 .
6 Subsection 4(1) (definition of service arrangements )
Repeal the definition.
7 Subsection 4(1) (definition of Services Delivery Agency )
Repeal the definition.
8 Subsection 10(2)
Repeal the subsection, substitute:
(2) The Child Support Registrar is to be a person who is:
(a) an SES employee in the Department; and
(b) specified in a written instrument made by the Secretary.
(3) A person must not be specified in an instrument under paragraph (2)(b) if the person is, or is acting as:
(a) the Chief Executive Centrelink; or
(b) the Chief Executive Medicare.
(4) An instrument under paragraph (2)(b) is not a legislative instrument.
9 After section 10
Insert:
(1) The Secretary may appoint an SES employee in the Department to act as the Child Support Registrar:
(a) during a vacancy in the position of Child Support Registrar (whether or not an appointment has previously been made to the position); or
(b) during any period, or during all periods, when the Child Support Registrar:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the position.
(2) A person must not be appointed under subsection (1) if the person is, or is acting as:
(a) the Chief Executive Centrelink; or
(b) the Chief Executive Medicare.
(3) Anything done by or in relation to a person purporting to act under an appointment under subsection (1) is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: See sections 20 and 33A of the Acts Interpretation Act 1901 .
10 Subsection 15(1A)
Repeal the subsection, substitute:
(1A) The Registrar may, in writing, delegate all or any of his or her powers or functions under this Act to the Chief Executive Centrelink.
10A After subsection 16(2A)
Insert:
(2AAA) Subsection (2) does not apply to the making of a record of information with the express or implied authorisation of the person to whom the information relates.
11 Paragraphs 16(3)(ba) and (bb)
Repeal the paragraphs, substitute:
(ba) to:
(i) the Chief Executive Centrelink; or
(ii) a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 );
for the purpose of the administration of this Act or of any other law of the Commonwealth relating to pensions, allowances or benefits; or
(bb) to:
(i) the Chief Executive Medicare; or
(ii) a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 );
for the purpose of the performance of functions, or the exercise of powers, in connection with a medicare program; or
12 Paragraph 16(4C)(d)
Omit "Child Support Agency", substitute "Registrar or an officer or employee of the Department".
13 Subsection 16AA(3) (paragraphs (a) and (b) of the definition of relevant information )
Before "Child Support Agency", insert "former".
14 After section 16AA
Insert:
Scope
(1) This section applies to particular information if:
(a) the information is subject to a regulatory regime under a designated program Act (the first program Act ); and
(b) the information is also subject to a regulatory regime under another designated program Act (the second program Act ).
For the purposes of this subsection, in determining whether particular information is subject to a regulatory regime under a designated program Act, disregard whether the information is subject to a regulatory regime under any other designated program Act.
Disclosure or use of information etc.
(2) If:
(a) the Secretary, the Registrar or an officer or employee of the Department:
(i) discloses the information; or
(ii) uses the information; or
(iii) makes a record of the information; and
(b) the Secretary, the Registrar or the officer or employee of the Department, as the case may be, does so without contravening the first program Act;
the disclosure, use, or making of the record, as the case may be, does not contravene the second program Act.
Definitions
(3) In this section:
"designated program Act" means:
(a) this Act; or
(b) the A New Tax System (Family Assistance) (Administration) Act 1999 ; or
(c) the Aged Care Act 1997 ; or
(d) the Child Support (Assessment) Act 1989 ; or
(e) the Dental Benefits Act 2008 ; or
(f) the Disability Services Act 1986 ; or
(g) the Health Insurance Act 1973 ; or
(h) the Medical Indemnity Act 2002 ; or
(i) the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 ; or
(j) the National Health Act 1953 ; or
(k) the Paid Parental Leave Act 2010 ; or
(l) the Private Health Insurance Act 2007 ; or
(m) the Social Security (Administration) Act 1999 ; or
(n) the Student Assistance Act 1973 ; or
(o) an Act specified in a legislative instrument made by the Minister for the purposes of this paragraph.
"disclose" means disclose, divulge or communicate.
15 Subparagraphs 94(1)(a)(iii) and (iv)
Repeal the subparagraphs.
16 Subsection 95(1)
Repeal the subsection, substitute:
Applications must be forwarded to SSAT
(1) If an application for review under this Part is sent or delivered to an office of the Department, the Secretary must send the application to the SSAT Principal Member:
(a) as soon as practicable; and
(b) in any case--not later than 7 days after the application is received at the office of the Department.
17 Paragraph 95(2)(b)
Omit "a Secretary or the CEO", substitute "the Secretary".