Part 4 Unlawful age discrimination
Division 4 General exemptions
Section 42
(a) the Health Insurance Act 1973, or a regulation or any other
instrument made under that Act, to the extent that the thing
done relates to:
(i) the release of, or the giving of access to, information
held by the Chief Executive Medicare; or
(ii) the issue of a medicare card; or
(b) the National Health Act 1953, or a regulation or any other
instrument made under that Act, to the extent that the thing
done relates to the release of, or the giving of access to,
information held by the Chief Executive Medicare; or
(c) the Therapeutic Goods Act 1989, or a regulation or any other
instrument made under that Act.
Definitions
(6) In this section:
evidence includes medical, clinical and scientific evidence.
exempted health program means a program, scheme or
arrangement that:
(a) relates to health goods or services or medical goods or
services; and
(b) to the extent that it applies to people of a particular age, is
reasonably based on evidence of effectiveness, and on cost (if
cost has been taken into account in relation to the program,
scheme or arrangement).
The evidence of effectiveness mentioned in paragraph (b) is
evidence that is reasonably available from time to time about
matters (such as safety, risks, benefits and health needs) that:
(c) affect people of the age mentioned in that paragraph (if no
comparable evidence is reasonably available from time to
time in relation to people of a different age); or
(d) affect people of the age mentioned in that paragraph in a
different way to people of a different age (in all other cases).
40
Compilation No. 46
Age Discrimination Act 2004
Compilation date: 03/12/2021
Authorised Version C2021C00565 registered 10/12/2021
Registered: 10/12/2021