PERSONALLY CONTROLLED ELECTRONIC HEALTH RECORDS ACT 2012 (NO. 63, 2012) - SECT 6 Definition of authorised representative of a consumer
PERSONALLY CONTROLLED ELECTRONIC HEALTH RECORDS ACT 2012 (NO. 63, 2012) - SECT 6
Definition of authorised representative of a consumerConsumers aged under 18
(1) For the purposes of this Act, each person who the System Operator is satisfied has parental responsibility for a consumer aged under 18 is the authorised representative of the consumer.
(2) If there is no person who the System Operator is satisfied has parental responsibility for a consumer aged under 18, the authorised representative of the consumer is:
(a) a person who the System Operator is satisfied is authorised to act on behalf of the consumer for the purposes of this Act under the law of the Commonwealth or a State or Territory, or a decision of an Australian court or tribunal; or
(b) if there is no such person--a person:
(i) who the System Operator is satisfied is otherwise an appropriate person to be the authorised representative of the consumer; or
(ii) who is prescribed by the regulations for the purposes of this paragraph.
(3) Despite subsections (1) and (2), a person is not the authorised representative of a consumer aged under 18 years if the System Operator is satisfied that the consumer:
(a) wants to manage his or her own PCEHR; and
(b) is capable of making decisions for himself or herself.
Consumers aged at least 18
(4) For the purposes of this Act, if the System Operator is satisfied that a consumer aged at least 18 is not capable of making decisions for himself or herself, the authorised representative of the consumer is:
(a) a person who the System Operator is satisfied is authorised to act on behalf of the consumer under the law of the Commonwealth or a State or Territory or a decision of an Australian court or tribunal; or
(b) if there is no such person--a person:
(i) who the System Operator is satisfied is otherwise an appropriate person to be the authorised representative of the consumer; or
(ii) who is prescribed by the regulations for the purposes of this paragraph.
(5) An authorisation referred to in paragraph (2)(a) or (4)(a) may be conferred by specific reference to the purposes of this Act, or conferred by words of general authorisation that are broad enough to cover that purpose.
(6) A person cannot be the authorised representative of a consumer unless:
(a) a healthcare identifier has been assigned to the person under paragraph 9(1)(b) of the Healthcare Identifiers Act 2010 ; or
(b) the PCEHR Rules provide that a healthcare identifier is not required to have been so assigned.
Effect of being an authorised representative
(7) At a time when a consumer has an authorised representative:
(a) the authorised representative is entitled to do any thing that this Act authorises or requires the consumer to do; and
(b) the consumer is not entitled to do any thing that this Act would, apart from this subsection, authorise or require the consumer to do; and
(c) this Act has effect for all purposes, in relation to a thing done by an authorised representative, as if the consumer had done the thing.
(8) At a time when a consumer has one or more authorised representatives, any thing that this Act authorises or requires to be done in relation to the consumer is to be done in relation to at least one of the consumer's authorised representatives. This Act has effect for all purposes as if the thing had been done in relation to the consumer.
Authorised representative to act in best interests of consumer
(9) An authorised representative of a consumer must act in the consumer's best interests, having regard to any directions communicated to the authorised representative at a time when the System Operator is satisfied the consumer was capable of making decisions for himself or herself.