MY HEALTH RECORDS ACT 2012
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Object of Act
- 4 Simplified outline of this Act
- 4A Schedule 1
- 5 Definitions
- 6 Definition of authorised representative of a healthcare recipient
- 7 Definition of nominated representative of a healthcare recipient
- 7A Duties of authorised representative or nominated representative
- 8 Things done etc. under provisions of other Acts
- 9 Definition of identifying information
- 10 Definition of shared health summary
- 11 Act to bind the Crown
- 12 Concurrent operation of State laws
- 13 External Territories
- 13A System Operator may arrange for use of computer programs to make decisions
- 13B System Operator may use electronic communications
PART 2--THE--SYSTEM OPERATOR AND THE FUNCTIONS OF THE CHIEF EXECUTIVE MEDICARE
Division 1--System Operator
- 14 Identity of the System Operator
- 15 Functions of the System Operator
- 16 Research or public health purposes
- 17 Retention and destruction of records uploaded to National Repositories Service
Division 4--Functions of Chief Executive Medicare
PART 3--REGISTRATION
Division 1--Registering healthcare recipients
- 39 Healthcare recipients may apply for registration
- 40 When a healthcare recipient is eligible for registration
- 41 Registration of a healthcare recipient by the System Operator
Division 2--Registering healthcare provider organisations
- 42 Healthcare provider organisation may apply for registration
- 43 When a healthcare provider organisation is eligible for registration
- 44 Registration of a healthcare provider organisation
- 45 Condition of registration--uploading of records, etc.
- 45A Condition of registration--handling old records that are works subject to copyright
- 45B Condition of registration--handling old sound recordings and cinematograph films that are subject to copyright
- 45C Liability where work uploaded in breach of section 45A or 45B
- 46 Condition of registration--non - discrimination in providing healthcare to a healthcare recipient who does not have a My Health Record etc.
Division 3--Registering repository operators, portal operators and contracted service providers
- 47 Persons may apply for registration as a repository operator, a portal operator or a contracted service provider
- 48 When a person is eligible for registration as a repository operator, a portal operator or a contracted service provider
- 49 Registration of a repository operator, a portal operator or a contracted service provider
- 50 Condition about provision of information to System Operator
- 50A Condition of registration--handling old records that are works subject to copyright
- 50B Condition of registration--handling old sound recordings and cinematograph films that are subject to copyright
- 50C Liability where work uploaded in breach of section 50A or 50B
- 50D Authorisation to make health information available to the System Operator
Division 4--Cancellation, suspension and variation of registration
- 51 Cancellation or suspension of registration
- 52 Variation of registration
- 53 Notice of cancellation, suspension or variation of registration etc.
- 54 Effect of suspension
- 55 My Health Records Rules may specify requirements after registration is cancelled or suspended
Division 5--The Register
Division 6--Collection, use and disclosure of information for the purposes of the My Health Record System
- 58 Collection, use and disclosure of health information by the System Operator
- 58A Collection, use and disclosure of healthcare identifiers, identifying information and information identifying authorised representatives and nominated representatives
PART 4--COLLECTION--, USE AND DISCLOSURE OF HEALTH INFORMATION INCLUDED IN A HEALTHCARE RECIPIENT'S MY HEALTH RECORD
Division 1--Unauthorised collection, use and disclosure of health information included in a healthcare recipient's My Health Record
- 59 Unauthorised collection, use and disclosure of health information included in a healthcare recipient's My Health Record
- 59A Unauthorised use of information included in a healthcare recipient's My Health Record for prohibited purpose
- 60 Secondary disclosure
Division 2--Authorised collection, use and disclosure
Subdivision A--Collection, use and disclosure in accordance with access controls- 61 Collection, use and disclosure for providing healthcare
- 62 Collection, use and disclosure to nominated representative Subdivision B--Collection, use and disclosure other than in accordance with access controls
- 63 Collection, use and disclosure for management of My Health Record system
- 64 Collection, use and disclosure in the case of a serious threat
- 65 Collection, use and disclosure authorised by law
- 66 Collection, use and disclosure with healthcare recipient's consent
- 67 Collection, use and disclosure by a healthcare recipient
- 68 Collection, use and disclosure for indemnity cover
- 69 Disclosure to courts and tribunals
- 69A Disclosure to designated entity under order by judicial officer
- 69B Judicial officers for orders under section 69A
- 70 Disclosure in relation to unlawful activity Subdivision C--Unauthorised use of information included in a healthcare recipient's My Health Record for prohibited purpose
- 70A Definition of prohibited purpose
- 70B Use for prohibited purpose is unauthorised
Division 3--Prohibitions and authorisations limited to My Health Record system
- 71 Prohibitions and authorisations limited to health information collected by using the My Health Record system
Division 3A--Offences and penalties in relation to use of My Health Record-derived information for prohibited purpose
- 71AA Definitions
- 71A Offence for use of My Health Record - derived information for prohibited purpose
- 71B Civil penalty for use of My Health Record - derived information for prohibited purpose
Division 4--Interaction with the Privacy Act 1988
- 72 Interaction with the Privacy Act 1988
- 73 Contravention of this Act is an interference with privacy
- 73A Information Commissioner may disclose details of investigations to System Operator
- 73B Obligations of System Operator in relation to correction, etc.
PART 5--OTHER--OFFENCES AND CIVIL PENALTY PROVISIONS
- 74 Registered healthcare provider organisations must ensure certain information is given to System Operator
- 75 Data breaches
- 76 Requirement to notify if cease to be eligible to be registered
- 77 Requirement not to hold or take records outside Australia
- 77A Enforceable requirements in My Health Records Rules must not be contravened: offence
- 78 My Health Records Rules must not be contravened: civil penalty
PART 6--ENFORCEMENT
Division 1--Civil penalties
Division 2--Enforceable undertakings
- 80 Enforceable undertakings
Division 3--Injunctions
- 81 Injunctions
PART 7--DATA--GOVERNANCE BOARD
Division 1--Establishment and functions
Division 2--Membership
- 84 Membership
- 85 Appointment of members
- 86 Qualifications and experience
- 87 Acting appointments
- 88 Term of appointment and other terms and conditions
- 89 Remuneration
- 90 Resignation
- 91 Termination of appointment
- 92 Leave of absence
- 93 Other paid work
Division 3--Meetings of the Data Governance Board
- 94 Convening meetings
- 95 Presiding at meetings
- 96 Quorum
- 96A Voting at meetings
- 96B Conduct of meetings
- 96C Minutes
- 96D Decisions without meetings
Division 4--Other matters relating to the Data Governance Board
- 96E Relationship between System Operator and Data Governance Board in relation to data for research or public health purposes
- 96F Board committees
- 96G Delegation of functions
- 96H Annual report
- 96J Board is part of the Department
PART 8--OTHER--MATTERS
Division 1--Review of decisions
- 97 Review of decisions
Division 2--Delegations
- 98 Delegations by the System Operator
Division 3--Authorisations of entities also cover employees
Division 4--Treatment of certain entities
- 100 Treatment of partnerships
- 101 Treatment of unincorporated associations
- 102 Treatment of trusts with multiple trustees
- 104 Division does not apply to Division 3 of Part 3
Division 5--Alternative constitutional bases
- 105 Alternative constitutional bases
Division 6--Annual reports and review of Act
- 106 Annual reports by Information Commissioner
- 107 Annual reports by the System Operator
- 108 Review of the operation of the Act
Division 7--My Health Records Rules, regulations and other instruments
- 109 Minister may make My Health Records Rules
- 109A My Health Records Rules relating to data for research or public health purposes
- 110 Minister may determine a law of a State or Territory to be a designated privacy law
- 111 Guidelines relating to the Information Commissioner's enforcement powers etc.
- 112 Regulations