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