Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016-2017-2018-2019
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
HUMAN SERVICES AMENDMENT (PHOTOGRAPHIC IDENTIFICATION AND
FRAUD PREVENTION) BILL 2019
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Hanson)
HUMAN SERVICES AMENDMENT (PHOTOGRAPHIC IDENTIFICATION
AND FRAUD PREVENTION) BILL 2019
OUTLINE
If enacted, the Human Services Amendment (Photographic Identification and Fraud
Prevention) Bill 2019 (the Bill) will require photographic identification on Medicare cards to
mitigate against fraudulent use by someone other than the person to whom it is allocated.
At present the use of a Medicare card to obtain Government-paid or subsidised medical
treatment does not require any verification that the user is the person to whom the card was
allocated. Fraudulent use is at significant cost to the health budget.
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. Sections 1 to 3 and anything else apart from Schedule 1 will commence the day of Royal
Assent. Schedule 1 will commence the day after the Act receives Royal Assent.
Clause 3: Schedules
3. Each Act specified in a Schedule to this Act is amended or repealed as is set out in the
applicable items in the Schedule. Any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1--Amendments
Human Services (Medicare) Act 1973
Item 1 - Section 3
4. This item inserts definitions into the Act::
"eligible person" has the same meaning as in the Health Insurance Act 1973;
"medicare card" has the same meaning as in Part VII of the National Health Act
1953;
"medicare card information" means the information on the front of a medicare
card, including the medicare holder's photograph; and
"medicare number" has the same meaning as in Part VII of the National Health
Act 1953.
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Item 2 - The following proposed sections are inserted in the Human Services (Medicare Act)
1973:
5. Section 41A Medicare card information
This section requires that a medicare card when issued must include "medicare card
information."
6. Section 41B Minister to be satisfied of a person's eligibility and identity
Section 41B will ensure that the identity and eligibility of anyone issued with a medicare
card is established before it is issued.
7. Section 41BA Payment obtained through fraud etc.
This section establishes that fraudulent use of another person's medicare card or by
impersonating a card holder to obtain a benefit or payment under the Human Services
(Medicare Act) 1973, the Health Insurance Act 1973 or the National Health Act 1953, is
subject to two years' imprisonment and/or 50 penalty units.
This offence is modelled on offences established by subsection 103(5) of the National
Health Act 1953 which relate to obtaining pharmaceutical benefits by deception or fraud.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Human Services Amendment (Photographic Identification and Fraud Prevention) Bill
2019
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The purpose of the Bill is to provide for the inclusion of photographic evidence on Medicare
cards issued to eligible persons and for penalties for the fraudulent use by someone other than
the person to whom it is issued, including penalties for allowing such use.
The bill proposes to ensure that the integrity of the Medicare Scheme is strengthened.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Senator Pauline Hanson
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