E.3 Legislative and regulatory requirements Flashcards
What is public policy?
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.
What is legislation?
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.
What role does legislation play in public policy?
It empowers stakeholders to take action and provides a framework for enforcing those actions.
What is subordinate or delegated legislation?
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.
What is an example of federal legislation related to healthcare?
The Healthcare Identifiers Act 2010.
How does the Healthcare Identifiers Act 2010 function?
It assigns healthcare identifiers to healthcare recipients and providers and binds various territories in Australia.
How does the Cambridge Dictionary define policy?
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.
What are some explicit examples of policy?
- The 2021-22 Federal Budget
- The National Digital Health Strategy
- The Framework for the secondary use of MHR system data.
What challenges exist in interpreting legislation?
- Complexity of language
- Diversity of human conduct
- Contextual existence of legislation.
What is one principle of statutory interpretation proposed by Sharpe and Cooke?
Consideration of context and purpose rather than a literal interpretation of the words.
What are the Australian Privacy Principles (APPs)?
Standards, rights, and obligations for handling, holding, accessing, and correcting personal information.
What is the purpose of the Privacy Act 1988?
To protect personal information relating to individuals.
What must organizations do in case of a data breach under the Privacy Act?
Notify affected individuals and the OAIC if a data breach is likely to result in serious harm.
What does the Healthcare Identifiers Act 2010 establish?
The Healthcare Identifiers Service and prescribes how healthcare identifiers are assigned and used.
What does the My Health Record Act limit?
When and how health information in an e-health record can be collected, used, and disclosed.
What is the Freedom of Information Act 1982 (Cth)?
It directs Australian Government agencies regarding access to government documents.
Fill in the blank: The _______ regulates the collection and handling of health information in Victoria.
Victorian Health Records Act 2001
What does the NSW Health Records and Information Privacy Act 2002 provide?
Protection of individuals’ health information and a framework for resolving complaints regarding its handling.
What is the purpose of the National Health Act 1953?
To regulate the handling of Medicare and pharmaceutical benefits information.
What does the Queensland Public Records Act 2002 regulate?
The creation, handling, and disposal of public records.
True or False: The Privacy Act covers State or Territory Government agencies.
False.
What does the National Health Act 1953 (NH Act) regulate?
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.
What can a person do if they believe there has been a breach of the NH Act guidelines?
They may complain to the Information Commissioner.
This ensures accountability and adherence to privacy regulations.
What framework does the Hospital and Health Boards Act 2011 (Qld) provide?
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.
What does the Health Quality and Complaints Commission Act 2006 enable?
The Commission to collect records or other information relating to the quality of health services.
This act is essential for oversight and improvement of health service quality.
What does the Hospitals and Health Services Act 1927 address in Western Australia?
Provisions for collecting information about health services.
This legislation is important for data collection and health service management.
What specific directives does the Mental Health Act 1996 provide?
Record-keeping, informed consent, and access to records in relevant services.
This act ensures the protection of mental health patients’ rights and information.
What does South Australia’s Health Care Act 2008 include?
Provisions concerning collecting and disclosing information.
This act is part of a broader legislative framework governing health care in South Australia.
What overarching law does the Cancer Act 1958 provide?
The law under which the Cancer (Reporting) Regulations 2012 are established.
This act is crucial for cancer data reporting and management.
What does the Health Services Act 1997 No 154 in NSW articulate?
The functions and responsibilities of health services and related organisations, including information management.
This act is pivotal for the governance of health services in New South Wales.
What powers does the Health Care Complaints Act 1993 No 105 provide?
Powers to obtain information, records, and evidence.
This act supports accountability in health care practices.
How is the licensing of private health services conducted in Australia?
On a State and Territory basis under various health acts, generally including reporting responsibilities.
This decentralized approach can lead to inconsistencies across jurisdictions.
What is one challenge in policymaking for health services in Australia?
Responsibility is shared between the Commonwealth, States/Territories, and local government.
This can hinder integrated care efforts due to differing governance and funding arrangements.
Name one overarching policy relevant to digital health in Australia.
The National Health Reform Agreement 2020-2025.
This agreement highlights key areas of reform essential for health informatics.
What was endorsed at the Health Ministers’ Meeting on 17 September 2021?
The National Health Reform Agreement Long Term Reforms Roadmap.
This roadmap outlines significant reforms for the Australian health system.
What does the Intergovernmental Agreement on National Digital Health facilitate?
Funding for the Australian Digital Health Agency by the Commonwealth, States, and Territories.
This agreement is key for advancing digital health initiatives across Australia.
What is the aim of the National Health Information Agreement?
To ensure the availability of nationally consistent, high-quality health information.
This supports policy and program development and improves health delivery.
