AGE DISCRIMINATION ACT 2004 - SECT 42 Health
AGE DISCRIMINATION ACT 2004 - SECT 42
Health(1) This Part does not make an exempted health program (see subsection (6)) unlawful.
Example: A program for providing free influenza vaccines to older people, based on evidence showing that older people are at greater risk of complications as a result of influenza than are people of different ages, would be covered by this subsection.
(2) This Part does not make unlawful anything done by a person in accordance with an exempted health program.
Example: A person providing free influenza vaccines to older people in accordance with an exempted health program would be covered by this subsection.
Individual decisions--health or medical goods or services
(3) This Part does not make it unlawful for a person to discriminate against another person, on the ground of the other person's age, by taking the other person's age into account in making a decision relating to health goods or services or medical goods or services, if:
(a) taking the other person's age into account in making the decision is reasonably based on evidence, and professional knowledge, about the ability of persons of the other person's age to benefit from the goods or services; and
(b) the decision is not in accordance with an exempted health program.
Note: The exemption in subsection (2) covers anything done by a person in accordance with an exempted health program.
(4) The evidence mentioned in paragraph (3)(a) is the evidence that was reasonably available at the time the decision was made.
Administration of certain health legislation
(5) This Part does not make unlawful anything done by a person in relation to the administration of:
(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.
"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).
"medicare card" has the meaning given by subsection 84(1) of the
National Health Act 1953 .