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

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

              Subdivision A--Establishment, functions and status

   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

              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 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