PERSONALLY CONTROLLED ELECTRONIC HEALTH RECORDS ACT 2012 (NO. 63, 2012)

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Object of Act  
• 4 Simplified outline of Act  
• 5 Definitions  
• 6 Definition of authorised representative of a consumer  
• 7 Definition of nominated representative of a consumer  
• 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  

PART 2--THE SYSTEM OPERATOR, ADVISORY BODIES AND OTHER MATTERS

Division 1--System Operator

• 14 Identity of the System Operator  
• 15 Functions of the System Operator  
• 16 System Operator to have regard to advisory bodies' advice etc.  
• 17 Retention of records uploaded to National Repositories Service  

Division 2--Jurisdictional advisory committee

• 18 Establishment, functions and status of the jurisdictional advisory committee  
• 19 Membership of the jurisdictional advisory committee  
• 20 Termination of appointment of members of the jurisdictional advisory committee  
• 21 Substitute members of the jurisdictional advisory committee  
• 22 Application of the Remuneration Tribunal Act  
• 23 Regulations may provide for matters relating to committee  

Division 3--Independent advisory council

• 24 Establishment and functions of the independent advisory council  
• 25 Independent advisory committee has privileges and immunities of the Crown  
Subdivision B--Membership
• 26 Membership of the independent advisory council  
• 27 Appointment of members  
• 28 Acting appointments  
Subdivision C--Members' terms and conditions
• 29 Remuneration  
• 30 Leave  
• 31 Disclosure of interests to the Minister  
• 32 Disclosure of interests to the independent advisory council  
• 33 Resignation  
• 34 Termination of appointment  
• 35 Other terms and conditions  
Subdivision D--Procedures of the independent advisory council
• 36 Who presides at meetings  
• 37 Regulations may provide for other procedural matters  

Division 4--Functions of Chief Executive Medicare

• 38 Registered repository operator  

PART 3--REGISTRATION

Division 1--Registering consumers

• 39 Consumers may apply for registration  
• 40 When a consumer is eligible for registration  
• 41 Registration of a consumer 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.  
• 46 Condition of registration--non-discrimination in providing healthcare to a consumer who does not have a PCEHR 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  

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 PCEHR Rules may specify requirements after registration is cancelled or suspended  

Division 5--The Register

• 56 The Register  
• 57 Entries to be made in Register  

Division 6--Information use and disclosure for identity verification

• 58 Identifying information may be used and disclosed  

PART 4--COLLECTION, USE AND DISCLOSURE OF HEALTH INFORMATION INCLUDED IN A REGISTERED CONSUMER'S PCEHR

Division 1--Unauthorised collection, use and disclosure of health information included in a consumer's PCEHR

• 59 Unauthorised collection, use and disclosure of health information included in a consumer's PCEHR  
• 60 Secondary disclosure  

Division 2--Authorised collection, use and disclosure

• 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 PCEHR 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 consumer's consent  
• 67 Collection, use and disclosure by a consumer  
• 68 Collection, use and disclosure for indemnity cover  
• 69 Disclosure to courts and tribunals  
• 70 Disclosure for law enforcement purposes, etc.  

Division 3--Prohibitions and authorisations limited to PCEHR system

• 71 Prohibitions and authorisation limited to health information collected by using the PCEHR system  

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 CIVIL PENALTY PROVISIONS

• 74 Registered healthcare provider organisations must ensure certain information is given to System Operator  
• 75 Certain participants in the PCEHR system must notify data breaches etc.  
• 76 Requirement to notify if cease to be eligible to be registered  
• 77 Requirement not to hold or take records outside Australia  
• 78 Participant in the PCEHR system must not contravene PCEHR Rules  

PART 6--CIVIL PENALTY SUPPORTING PROVISIONS

Division 1--Civil penalty orders

• 79 Civil penalty orders  
• 80 Civil enforcement of penalty  
• 81 Conduct contravening more than one civil penalty provision  
• 82 Multiple contraventions  
• 83 Proceedings may be heard together  
• 84 Civil evidence and procedure rules for civil penalty orders  
• 85 Contravening a civil penalty provision is not an offence  

Division 2--Relationship to other proceedings

• 86 Civil proceedings after criminal proceedings  
• 87 Criminal proceedings during civil proceedings  
• 88 Criminal proceedings after civil proceedings  
• 89 Evidence given in civil proceedings not admissible in criminal proceedings  

Division 3--Other matters

• 90 Ancillary contravention of civil penalty provisions  
• 91 Mistake of fact  
• 92 State of mind  
• 93 Civil penalty provisions contravened by employees, agents or officers  

PART 7--VOLUNTARY ENFORCEABLE UNDERTAKINGS AND INJUNCTIONS

• 94 Acceptance of undertakings  
• 95 Enforcement of undertakings  
• 96 Injunctions  

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

• 99 Authorisations extend to employees etc.  

Division 4--Treatment of certain entities

• 100 Treatment of partnerships  
• 101 Treatment of unincorporated associations  
• 102 Treatment of trusts with multiple trustees  
• 103 Exception in certain circumstances  
• 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 System Operator  
• 108 Review of operation of Act  

Division 7--PCEHR Rules, regulations and other instruments

• 109 Minister may make PCEHR Rules  
• 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