MY HEALTH RECORDS ACT 2012 - SECT 64 Collection, use and disclosure in the case of a serious threat

MY HEALTH RECORDS ACT 2012 - SECT 64

  (1)   A participant in the My Health Record system is authorised to collect, use and disclose health information included in a registered healthcare recipient's My Health Record if:

  (a)   the participant reasonably believes that:

  (i)   the collection, use or disclosure is necessary to lessen or prevent a serious threat to an individual's life, health or safety; and

  (ii)   it is unreasonable or impracticable to obtain the healthcare recipient's consent to the collection, use or disclosure; and

  (b)   unless the participant is the System Operator--the participant advises the System Operator of the matters in paragraph   (a); and

  (c)   the collection, use or disclosure occurs not later than 5 days after that advice is given.

  (2)   A participant in the My Health Record system is authorised to collect, use and disclose health information included in a healthcare recipient's My Health Record if the participant reasonably believes that the collection, use or disclosure by the participant is necessary to lessen or prevent a serious threat to public health or public safety.

  (3)   Subsections   (1) and (2) do not authorise a participant in the My Health Record system to collect, use or disclose healthcare recipient - only notes.