Health Legislation Amendment (Improving Choice and Transparency for Private Health Consumers) Bill 2026

Senator McALLISTER (New South Wales—Minister for the National Disability Insurance Scheme) (13:26): by leave—I move: (1) Clause 2, page 2 (table items 2 and 3), omit the table items, substitute: 2. Schedule 1, Part 1, Divisions 1 and 2 The day after this Act receives the Royal Assent. 3. Schedule 1, item 3A At the same time as the provisions covered by table item 2.

However, the provision does not commence at all if Schedule 1 to the Health Insurance Amendment (Incentive Payments and Other Measures) Act 2026 commences at or before that time. 4. Schedule 1, item 3B The later of: (a) the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of Schedule 1 to the Health Insurance Amendment (Incentive Payments and Other Measures) Act 2026.

However, the provision does not commence at all if the event mentioned in paragraph (b) does not occur. 5. Schedule 1, Part 2 At the same time as the provisions covered by table item 2. 6. Schedule 2 The later of: (a) immediately after the commencement of the provisions covered by table item 2; and (b) 18 September 2026.

(2) Schedule 1, item 1, page 5 (after line 3), at the end of section 124ZY, add: (8) The Secretary may, on the Secretary's own initiative or as a result of a review under a determination under section 124ZYA, correct, update, alter or remove information published under this section. (3) Schedule 1, item 1, page 5 (lines 4 to 15), omit section 124ZZ, substitute: 124ZYA Review of decision to publish information (1) The Minister may, by legislative instrument, determine procedures for reviewing decisions to publish information under section 124ZY (including decisions to correct, update, alter or remove such information).

(2) Without limiting subsection (1), the determination may provide for any of the following: (a) who may, or may not, apply for review of a decision; (b) kinds of decisions that are, or are not, subject to review; (c) circumstances in which an application may, or may not, be made; (d) who is to review a decision. 124ZZ Use and disclosure of information Use or disclosure to assist Secretary or reviewer (1) A person may use or disclose information for the purposes of: (a) assisting the Secretary to publish, correct, update, alter or remove information under either or both of the following provisions (the publication provisions): (i) section 124ZY; (ii) section 324-5 of the Private Health Insurance Act 2007; or (b) assisting a person to carry out a review under a determination (a review determination) under: (i) section 124ZYA; or (ii) section 324-7 of the Private Health Insurance Act 2007.

Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law). (2) To avoid doubt, the reference to using information in subsection (1) includes a reference to linking or matching information. Disclosure to person about whom information is published (3) The Secretary may disclose information to a person: (a) in the course of deciding what information to publish about the person under either or both of the publication provisions; or (b) in the course of deciding whether to correct, update, alter or remove information published about the person under either or both of the publication provisions; or (c) in order to inform the person about how information published about the person under either or both of the publication provisions was, or is to be, worked out.

Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law). Disclosure in the course of review (4) A person carrying out a review under a review determination may, in the course of carrying out the review, disclose information to the person who applied for the review. Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).

Information may relate to other people (5) To avoid doubt, information disclosed to a person (the disclosee) under subsection (3) or (4) may include information about other people as well as the disclosee, or instead of the disclosee. (4) Schedule 1, item 2, page 8 (after line 14), after subsection 324-5(7), insert: (7A) The Secretary of the Department may, on the Secretary's own initiative or as a result of a review under a determination under section 324-7, correct, update, alter or remove information published under this section.

(5) Schedule 1, item 2, page 9 (lines 6 to 17), omit section 324-10, substitute: 324-7 Review of decision to publish information (1) The Minister may, by legislative instrument, determine procedures for reviewing decisions to publish information under section 324-5 (including decisions to correct, update, alter or remove such information). (2) Without limiting subsection (1), the determination may provide for any of the following: (a) who may, or may not, apply for review of a decision; (b) kinds of decisions that are, or are not, subject to review; (c) circumstances in which an application may, or may not, be made; (d) who is to review a decision. 324-10 Use and disclosure of information Use or disclosure to assist Secretary or reviewer (1) A person may *use or *disclose information for the purposes of: (a) assisting the Secretary of the Department to publish, correct, update, alter or remove information under either or both of the following provisions (the publication provisions): (i) section 324-5; (ii) section 124ZY of the Health Insurance Act 1973; or (b) assisting a person to carry out a review under a determination (a review determination) under: (i) section 324-7; or (ii) section 124ZYA of the Health Insurance Act 1973.

Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law). (2) To avoid doubt, the reference to *using information in subsection (1) includes a reference to linking or matching information. Disclosure to person about whom information is published (3) The Secretary of the Department may *disclose information to a person: (a) in the course of deciding what information to publish about the person under either or both of the publication provisions; or (b) in the course of deciding whether to correct, update, alter or remove information published about the person under either or both of the publication provisions; or (c) in order to inform the person about how information published about the person under either or both of the publication provisions was, or is to be, worked out.

Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law). Disclosure in the course of review (4) A person carrying out a review under a review determination may, in the course of carrying out the review, *disclose information to the person who applied for the review. Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).

Information may relate to other people (5) To avoid doubt, information disclosed to a person (the disclosee) under subsection (3) or (4) may include information about other people as well as the disclosee, or instead of the disclosee. (6) Schedule 1, page 9 (after line 21), after item 2, insert: 2A Subsection 333-1(1) Omit "(other than section 66-10)", substitute "(other than a function or power mentioned in subsection (2A))". 2B After subsection 333-1(2) Insert: (2A) For the purposes of subsection (1), the Minister must not delegate any of the following functions or powers: (a) a function or power under section 66-10 (approval of premiums); (b) the power to make, vary or revoke a legislative instrument under subsection 324-7(1) (review of decision to publish information).

(7) Schedule 1, Part 1, page 9 (after line 27), at the end of the Part, add: Division 3 — Contingent amendments Health Insurance Act 1973 3A Subsection 131(1) Omit all the words after "other than", substitute: the following powers: (a) the power of the Minister to make, vary or revoke a legislative instrument under subsection 124ZYA(1) (review of decision to publish information); (b) this power of delegation. 3B Subsection 131(1) Omit all the words after "other than", substitute: the following powers: (a) a power under Subdivision A of Division 6 of Part V; (b) the power of the Minister to make, vary or revoke a legislative instrument under subsection 124ZYA(1) (review of decision to publish information); (c) this power of delegation.

(8) Schedule 2, items 10 and 11, page 27 (lines 1 to 12), omit the items, substitute: 10 Paragraph 333-1(2A)(a) Repeal the paragraph, substitute: (a) a function or power under subsection 66-6(2) (*approved application periods for applications under section 66-8 or 66-10); (aa) a function or power under subsection 66-8(9) or 66-10(9) (tabling reasons for refusing to approve applications under section 66-8 or 66-10); I also table a supplementary explanatory memorandum relating to the government amendments to this bill.

I'll just make a few remarks about the government amendments. They, of course, seek to strengthen schedule 1 of the bill, and that is the schedule that provides for upgrades to the Medical Costs Finder to give consumers more detailed information about medical fees and out-of-pocket costs. These amendments provide comfort in response to some stakeholder concerns by making certain powers ordinarily associated with publication more explicit.

First, they support accountability and transparency by providing a nondelegable ministerial power to establish a statutory review process for decisions to publish information on the website. Secondly, they provide an explicit power to correct, update, alter and remove information published as appropriate. This should reassure stakeholders that information can be amended, removed and kept as current as possible.

Third, they provide explicit power to disclose information to people about whom the information is being published, such as specialists. This will help people understand how information about them was worked out, supporting fair publication and review. Finally, technical amendments will ensure correct sequencing of multiple amendments to delegation of powers that are made in this bill and the Health Insurance Amendment (Incentive Payments and Other Measures) Bill 2026.

Correct sequencing of amendments ensures that, if one amendment to delegation powers commences after another, it does not incorrectly override the previous amendment. Importantly, this bill continues to protect patient privacy by ensuring that no personal information about patients will be published on the website. Overall, these amendments strengthen procedural fairness and quality assurance.

They support accurate and effective operation of the fee transparency network while preserving the broader public interest in greater transparency about healthcare costs.