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) (18:54): The government will not be supporting these amendments. Essentially, the bill does not act as Senator Ruston indicated in her introductory remarks. In particular, the bill does not displace the general principle that the Commonwealth remains responsible for the actions of its officers.

The immunity provisions are intended to operate in a very limited and targeted manner that is consistent with similar provisions in other Commonwealth legislation. They are not intended to remove the Commonwealth's liability more broadly. The immunity provisions as proposed in section 124ZZA and 324-15 are expressed as applying to the secretary in respect of the publication of information.

It's not intended to extend that immunity to the Commonwealth as a whole, and the purpose of the provision is to protect the secretary and the person acting under the secretary's authority from civil proceedings arising from the lawful exercise of the statutory publication powers where those powers are exercised in good faith and within the scope of the legislation.

Consequently, as a combination of these two facts, the immunity provisions do not remove appropriate avenues of recourse for affected individuals. Question negatived.