E.3 Legislative and regulatory requirements

Question 1

What is public policy?

Answer 1

A set of actions the government decides to take when addressing a societal problem rather than an individual issue.

Public policy refers to government policies made on the public’s behalf to resolve specific issues.

Question 2

What is legislation?

Answer 2

A law that has been made and enacted by a legislature, such as a parliament, and is known as statutory law.

A single piece of legislation is also known as an act of parliament or a statute.

Question 3

What role does legislation play in public policy?

Answer 3

It empowers stakeholders to take action and provides a framework for enforcing those actions.

Question 4

What is subordinate or delegated legislation?

Answer 4

Legislation that is authorized by an act/statute and provides detailed application of the law.

This type of legislation works within the principles laid down by the primary legislation.

Question 5

What is an example of federal legislation related to healthcare?

Answer 5

The Healthcare Identifiers Act 2010.

Question 6

How does the Healthcare Identifiers Act 2010 function?

Answer 6

It assigns healthcare identifiers to healthcare recipients and providers and binds various territories in Australia.

Question 7

How does the Cambridge Dictionary define policy?

Answer 7

A set of ideas or a plan of what to do in particular situations agreed to officially by a group, business, organization, government, or political party.

Question 8

What are some explicit examples of policy?

Answer 8

• The 2021-22 Federal Budget
• The National Digital Health Strategy
• The Framework for the secondary use of MHR system data.

Question 9

What challenges exist in interpreting legislation?

Answer 9

• Complexity of language
• Diversity of human conduct
• Contextual existence of legislation.

Question 10

What is one principle of statutory interpretation proposed by Sharpe and Cooke?

Answer 10

Consideration of context and purpose rather than a literal interpretation of the words.

Question 11

What are the Australian Privacy Principles (APPs)?

Answer 11

Standards, rights, and obligations for handling, holding, accessing, and correcting personal information.

Question 12

What is the purpose of the Privacy Act 1988?

Answer 12

To protect personal information relating to individuals.

Question 13

What must organizations do in case of a data breach under the Privacy Act?

Answer 13

Notify affected individuals and the OAIC if a data breach is likely to result in serious harm.

Question 14

What does the Healthcare Identifiers Act 2010 establish?

Answer 14

The Healthcare Identifiers Service and prescribes how healthcare identifiers are assigned and used.

Question 15

What does the My Health Record Act limit?

Answer 15

When and how health information in an e-health record can be collected, used, and disclosed.

Question 16

What is the Freedom of Information Act 1982 (Cth)?

Answer 16

It directs Australian Government agencies regarding access to government documents.

Question 17

Fill in the blank: The _______ regulates the collection and handling of health information in Victoria.

Answer 17

Victorian Health Records Act 2001

Question 18

What does the NSW Health Records and Information Privacy Act 2002 provide?

Answer 18

Protection of individuals’ health information and a framework for resolving complaints regarding its handling.

Question 19

What is the purpose of the National Health Act 1953?

Answer 19

To regulate the handling of Medicare and pharmaceutical benefits information.

Question 20

What does the Queensland Public Records Act 2002 regulate?

Answer 20

The creation, handling, and disposal of public records.

Question 21

True or False: The Privacy Act covers State or Territory Government agencies.

Answer 21

False.

Question 22

What does the National Health Act 1953 (NH Act) regulate?

Answer 22

The handling of Medicare and pharmaceutical benefits (MBS and PBS) information.

Agencies that handle MBS and PBS information must inform the Information Commissioner about certain matters under the guidelines.

Question 23

What can a person do if they believe there has been a breach of the NH Act guidelines?

Answer 23

They may complain to the Information Commissioner.

This ensures accountability and adherence to privacy regulations.

Question 24

What framework does the Hospital and Health Boards Act 2011 (Qld) provide?

Answer 24

Performance reporting and confidentiality management for Queensland’s public sector health services.

This act is crucial for maintaining the quality and security of health information in Queensland.

Question 25

What does the Health Quality and Complaints Commission Act 2006 enable?

Answer 25

The Commission to collect records or other information relating to the quality of health services. ## Footnote This act is essential for oversight and improvement of health service quality.

Question 26

What does the Hospitals and Health Services Act 1927 address in Western Australia?

Answer 26

Provisions for collecting information about health services. ## Footnote This legislation is important for data collection and health service management.

Question 27

What specific directives does the Mental Health Act 1996 provide?

Answer 27

Record-keeping, informed consent, and access to records in relevant services. ## Footnote This act ensures the protection of mental health patients' rights and information.

Question 28

What does South Australia’s Health Care Act 2008 include?

Answer 28

Provisions concerning collecting and disclosing information. ## Footnote This act is part of a broader legislative framework governing health care in South Australia.

Question 29

What overarching law does the Cancer Act 1958 provide?

Answer 29

The law under which the Cancer (Reporting) Regulations 2012 are established. ## Footnote This act is crucial for cancer data reporting and management.

Question 30

What does the Health Services Act 1997 No 154 in NSW articulate?

Answer 30

The functions and responsibilities of health services and related organisations, including information management. ## Footnote This act is pivotal for the governance of health services in New South Wales.

Question 31

What powers does the Health Care Complaints Act 1993 No 105 provide?

Answer 31

Powers to obtain information, records, and evidence. ## Footnote This act supports accountability in health care practices.

Question 32

How is the licensing of private health services conducted in Australia?

Answer 32

On a State and Territory basis under various health acts, generally including reporting responsibilities. ## Footnote This decentralized approach can lead to inconsistencies across jurisdictions.

Question 33

What is one challenge in policymaking for health services in Australia?

Answer 33

Responsibility is shared between the Commonwealth, States/Territories, and local government. ## Footnote This can hinder integrated care efforts due to differing governance and funding arrangements.

Question 34

Name one overarching policy relevant to digital health in Australia.

Answer 34

The National Health Reform Agreement 2020-2025. ## Footnote This agreement highlights key areas of reform essential for health informatics.

Question 35

What was endorsed at the Health Ministers’ Meeting on 17 September 2021?

Answer 35

The National Health Reform Agreement Long Term Reforms Roadmap. ## Footnote This roadmap outlines significant reforms for the Australian health system.

Question 36

What does the Intergovernmental Agreement on National Digital Health facilitate?

Answer 36

Funding for the Australian Digital Health Agency by the Commonwealth, States, and Territories. ## Footnote This agreement is key for advancing digital health initiatives across Australia.

Question 37

What is the aim of the National Health Information Agreement?

Answer 37

To ensure the availability of nationally consistent, high-quality health information. ## Footnote This supports policy and program development and improves health delivery.