Health Legislation Amendment (eHealth) Act 2015 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Health Legislation Amendment (eHealth) Act 2015 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 26 November 2015 |
Schedules 1, 2 and 3 | The day after this Act receives the Royal Assent. | 27 November 2015 |
Schedule 4, item 1 | The later of:
| 5 March 2016 (paragraph (b) applies) |
Schedule 4, items 2 and 3 | Immediately after the commencement of the provisions covered by table item 2. | 27 November 2015 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 — Healthcare identifiers and health records
Insert:
(1) The copyright in a work is not infringed by an act comprised in the copyright in the work if:
(a) the act is done, or authorised to be done:
(i) for a purpose for which the collection, use or disclosure of health information is required or authorised under the
My Health Records Act 2012 ; or(ii) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the
Privacy Act 1988 (serious threat to life, health or safety), or would exist if the act were done, or authorised to be done, by an entity that is an APP entity for the purposes of that Act; or(iii) in circumstances in which a permitted health situation exists under section 16B of the
Privacy Act 1988 , or would exist if the act were done, or authorised to be done, by an entity that is an organisation for the purposes of that Act; or(iv) for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations; and
(b) either:
(i) the work is substantially comprised of health information; or
(ii) the work allows for the storage, retrieval or use of health information and it is reasonably necessary to do the act, or authorise it to be done, in circumstances that would otherwise infringe copyright in the work.
(2) In this section:
healthcare has the same meaning as in theMy Health Records Act 2012 .
health information has the same meaning as in theMy Health Records Act 2012 .
Insert:
(1) The copyright in a cinematograph film or a sound recording is not infringed by an act comprised in the copyright in the film or recording if:
(a) the act is done, or authorised to be done:
(i) for a purpose for which the collection, use or disclosure of health information is required or authorised under the
My Health Records Act 2012 ; or(ii) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the
Privacy Act 1988 (serious threat to life, health or safety), or would exist if the entity doing the thing were an APP entity for the purposes of that Act; or(iii) in circumstances in which a permitted health situation exists under section 16B of the
Privacy Act 1988 , or would exist if the entity doing the thing were an organisation for the purposes of that Act; or(iv) for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations; and
(b) either:
(i) the film or recording is substantially comprised of health information; or
(ii) the film or recording allows for the storage, retrieval or use of health information and it is reasonably necessary to do the act, or authorise it to be done, in circumstances that would otherwise infringe copyright in the work.
(2) In this section:
healthcare has the same meaning as in theMy Health Records Act 2012 .
health information has the same meaning as in theMy Health Records Act 2012 .
Insert:
Under this Act, healthcare identifiers are assigned to healthcare recipients, individual healthcare providers and healthcare provider organisations.
There are strict rules on:
(a) the verification of a person’s identity before a healthcare identifier is assigned; and
(b) the purposes for which a healthcare identifier can be collected, used and disclosed; and
(c) the purposes for which the identifying information of a healthcare recipient, a healthcare provider or a healthcare provider organisation can be collected, used and disclosed.
This Act facilitates the use of the healthcare identifier for the purposes of communicating and managing health information about a healthcare recipient (including through the My Health Record system).
This Act also facilitates:
(a) the creation of a Healthcare Provider Directory, to allow healthcare providers to check the professional and business details of healthcare providers; and
(b) the use of authenticated electronic communications by healthcare providers.
Insert:
Australian law has the same meaning as in thePrivacy Act 1988 .
Insert:
authorised representative of a healthcare recipient has the same meaning as in theMy Health Records Act 2012 .
Insert:
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Insert:
court/tribunal order has the same meaning as in thePrivacy Act 1988 .
Repeal the definition.
9
Section 5 (definitions of Human Services Department and Human Services Minister ) Repeal the definitions.
Insert:
linked : an individual healthcare provider islinked to a healthcare provider organisation if:
(a) the individual healthcare provider is an employee of the healthcare provider organisation; or
(b) the healthcare provider organisation provides support services or facilities to the individual healthcare provider, to facilitate the provision of healthcare by the individual healthcare provider.
11
Section 5 (definitions of Medicare Benefits Program and medicare program ) Repeal the definitions.
Repeal the definition, substitute:
Ministerial Council means the council (however described) established by the Council of Australian Governments that has responsibility for health matters.
Insert:
My Health Records Act means theMy Health Records Act 2012 .
Insert:
network of healthcare provider organisations has the meaning given by subsection 9A(4).
Repeal the definition, substitute:
network organisation within a network has the meaning given by subsection 9A(6).
Insert:
nominated representative of a healthcare recipient has the same meaning as in theMy Health Records Act 2012 .
17
Section 5 (definition of organisation maintenance officer ) Repeal the definition, substitute:
organisation maintenance officer for a healthcare provider organisation has the meaning given by subsection 9A(8).
Insert:
personal information has the same meaning as in thePrivacy Act 1988 .
19
Section 5 (definition of Pharmaceutical Benefits Program) Repeal the definition.
20
Section 5 (definition of professional and business details ) Repeal the definition.
Repeal the definition.
Insert:
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .
Repeal the definition, substitute:
responsible officer for a healthcare provider organisation has the meaning given by subsection 9A(7).
Repeal the definition, substitute:
seed organisation for a network has the meaning given by subsection 9A(5).
Repeal the definition, substitute:
service operator has the meaning given by section 6.
Insert:
The
service operator is:
(a) the Chief Executive Medicare; or
(b) if a body established by a law of the Commonwealth is prescribed by the regulations to be the
service operator —that body.Note: Section 33 provides that the Minister must consult with the Ministerial Council before making regulations.
Insert:
(ba) the email address, telephone number and fax number of the healthcare provider;
Add:
; (i) other information that is prescribed by the regulations for the purpose of this paragraph.
Insert:
Healthcare identifiers are assigned to healthcare recipients, individual healthcare providers and healthcare provider organisations.
The service operator assigns healthcare identifiers to healthcare recipients. A national registration authority will usually assign a healthcare identifier to an individual healthcare provider, although there are a number of cases in which a healthcare provider is not registered by such an authority. In those cases, the healthcare identifier is assigned by the service operator. The service operator assigns a healthcare identifier to a healthcare provider organisation.
For a healthcare provider organisation to be assigned a healthcare identifier, the organisation must have at least one employee who is an individual healthcare provider providing healthcare as part of his or her duties, a responsible officer and an organisation maintenance officer. The responsible officer may also be the organisation maintenance officer. If the organisation is part of, or subordinate to, another healthcare provider organisation, it need not have its own responsible officer.
A sole practitioner may be registered as a healthcare provider organisation.
If the service operator refuses to assign a healthcare identifier, a person whose interests are affected by the decision may ask the service operator to reconsider the decision. A person may apply to the Administrative Appeals Tribunal for review of the service operator’s reconsidered decision.
The service operator must keep a record of the healthcare identifiers assigned, and other information relating to the healthcare identifiers including details of requests to the service operator to disclose a healthcare identifier.
After “healthcare identifier”, insert “of a healthcare recipient or of an individual healthcare provider”.
Repeal the section, substitute:
Healthcare identifiers for individual healthcare providers
(1) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to an individual healthcare provider if:
(a) the individual healthcare provider is registered by a registration authority as a member of a health profession; or
(b) the individual healthcare provider is a member of a professional association that:
(i) relates to the healthcare that has been, is, or is to be, provided by the member; and
(ii) has uniform national membership requirements, whether or not in legislation.
Healthcare identifiers for a healthcare provider organisation that is a seed organisation, or is not part of a network
(2) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to a healthcare provider organisation that is a seed organisation for a network, or that is not part of a network, if:
(a) at least one of the employees of the organisation is an individual who:
(i) is an identified healthcare provider; and
(ii) provides healthcare as part of his or her duties; and
(b) one, and only one of the employees of the organisation is the responsible officer for the organisation; and
(c) either:
(i) the organisation has at least one other employee who is an organisation maintenance officer for the organisation; or
(ii) the responsible officer for the organisation is also the organisation maintenance officer for the organisation.
Healthcare identifiers for network organisations
(3) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to a healthcare provider organisation that is a network organisation within a network if:
(a) the seed organisation for the network:
(i) has been assigned a healthcare identifier that has not been retired; and
(ii) does not object to the network organisation being assigned a healthcare identifier under this subsection; and
(b) the responsible officer for the seed organisation for the network is also the responsible officer for every network organisation within the network; and
(c) there is an organisation maintenance officer for the network organisation; and
(d) the organisation maintenance officer for the network organisation is:
(i) an employee of the network organisation (the
first network organisation ); or(ii) an employee of the seed organisation for the network; or
(iii) an employee of another network organisation within the network that is hierarchically superior to the first network organisation.
What is a network of healthcare provider organisations?
(4) A
network of healthcare provider organisations is a group of healthcare provider organisations each of which satisfies one of the following criteria:
(a) the healthcare provider organisation is part of, or subordinate to, another healthcare provider organisation within the group;
(b) another healthcare provider organisation within the group is part of, or subordinate to, the healthcare provider organisation.
What is the seed organisation for a network?
(5) A healthcare provider organisation is the
seed organisation for a network if:
(a) there is at least one other healthcare provider organisation that is part of, or subordinate to, the organisation; and
(b) the organisation is not itself part of, or subordinate to, another healthcare provider organisation.
What is a network organisation within a network?
(6) A healthcare provider organisation is a
network organisation within a network if it is part of, or subordinate to, another healthcare provider organisation within the network.
Responsible officers
(7) A person is the
responsible officer for a healthcare provider organisation if the duties of the person include the following:
(a) nominating the organisation maintenance officer or officers for the organisation to the service operator;
(b) requesting the assignment or retirement of a healthcare identifier for the organisation;
(c) if there is a network organisation of the organisation:
(i) nominating the organisation maintenance officer for the network organisation to the service operator; and
(ii) requesting the assignment or retirement of a healthcare identifier for the network organisation;
(d) if the organisation is part of a merger or acquisition—requesting the merger or reconfiguration of a healthcare identifier for the organisation.
Organisation maintenance officers
(8) A person is an
organisation maintenance officer for a healthcare provider organisation if the duties of the person include the following:
(a) nominating to the service operator at least one additional person to be an organisation maintenance officer of the organisation, if required;
(b) maintaining information that is held by the service operator about the organisation;
(c) providing current details to the service operator about the organisation for inclusion in the Healthcare Provider Directory;
(d) providing any other information requested by the service operator about the organisation for which the organisation maintenance officer is responsible;
(e) if the organisation (the
seed organisation ) has a network organisation:
(i) nominating to the service operator another person who meets the employment criteria in paragraph (3)(d) to be the organisation maintenance officer for the network organisation—either on the initiative of the seed organisation or if required by the service operator to do so;
(ii) requesting the assignment or retirement of a healthcare identifier for the network organisation;
(iii) maintaining information that is held by the service operator about the network organisation;
(iv) providing current details to the service operator about the network organisation for inclusion in the Healthcare Provider Directory;
(v) providing any other information requested by the service operator about the network organisation for which the organisation maintenance officer is responsible;
(vi) if the network organisation is part of a merger or acquisition—requesting the merger or reconfiguration of a healthcare identifier for the organisation.
Sole practitioners
(9) The service operator may assign a healthcare identifier under paragraph 9(1)(a) to a healthcare provider organisation that is a sole practitioner even though subsection (2) is not satisfied, if the sole practitioner:
(a) provides healthcare as part of his or her duties; and
(b) performs the duties of a responsible officer and organisation maintenance officer.
Duties of the responsible officer performed by another person
(10) For the purposes of subsection (7), a person does not cease to be a responsible officer for a healthcare provider organisation if a duty mentioned in subsection (7) is performed by another employee of the organisation on behalf of the person.
Omit “Division 2 or 2A of Part 3”, substitute “Division 2 or 3 of Part 3”.
Repeal the heading, substitute:
Repeal the Divisions, substitute:
This Part authorises the collection, use and disclosure of healthcare identifiers, identifying information and other information.
Healthcare identifiers and other information relating to healthcare recipients The service operator may collect information about a healthcare recipient from various sources for the purpose of assigning a healthcare identifier to the recipient. Once a healthcare identifier is assigned to a healthcare recipient, the service operator may disclose it to healthcare providers to assist in communicating and managing health information. The healthcare identifier may also be disclosed to other entities to assist in the operation of the My Health Record system.
A healthcare provider can obtain the healthcare identifier of a healthcare recipient from the service operator, so that the healthcare provider can communicate and manage health information. The healthcare provider can use the healthcare identifier in providing healthcare, for example, by using it to access the My Health Record of a healthcare recipient.
Healthcare identifiers and other information relating to healthcare providers
Under Part 2, the service operator must keep a record of the healthcare identifiers that have been assigned and other information relating to healthcare identifiers. As a national registration authority assigns healthcare identifiers to most healthcare providers, the service operator may obtain information for the record from a national registration authority.
Under Part 2, the service operator assigns healthcare identifiers to healthcare providers in a number of cases. The service operator may collect information about a healthcare provider from various sources for the purposes of assigning those identifiers.
The service operator may disclose the healthcare identifiers of healthcare providers to healthcare providers to assist in communicating and managing health information. The healthcare identifier may also be disclosed to other entities to assist in the operation of the My Health Record system.
A healthcare provider can obtain the healthcare identifier of a healthcare provider from the service operator, so that the healthcare provider can communicate and manage health information. This includes the use of the identifier in electronic transmissions. The collection, use and disclosure of identifying information and healthcare identifiers is permitted for the purposes of authenticating a healthcare provider’s identity in electronic transmissions.
A person must not use or disclose information collected for the purposes of the Act or healthcare identifiers, except where required or authorised to do so under the Act or in other limited circumstances. Criminal and civil penalties apply if this obligation is breached.
An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
1 | identified healthcare provider | use disclose to the service operator | identifying information of a healthcare recipient | the use or disclosure is for the purpose of assisting the service operator to assign a healthcare identifier to the healthcare recipient |
2 | Chief Executive Medicare Veterans’ Affairs Department Defence Department | use disclose to the service operator | identifying information of a healthcare recipient | the use or disclosure is for the purpose of assisting the service operator to assign a healthcare identifier to the healthcare recipient |
3 | service operator | collect from: (a) an identified healthcare provider; or (b) the Chief Executive Medicare; or (c) the Veterans’ Affairs Department; or (d) the Defence Department use | identifying information of a healthcare recipient | the collection or use is for the purpose of assigning a healthcare identifier to a healthcare recipient |
An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
1 | any entity that has access to the healthcare identifier of a healthcare recipient | use disclose to the service operator | healthcare identifier of the healthcare recipient information that relates to the healthcare identifier of the healthcare recipient | the use or disclosure is for the purposes of assisting the service operator to establish and maintain a record mentioned in section 10 (a record of healthcare identifiers assigned and other matters, such as requests made to the service operator to disclose those identifiers) |
2 | service operator | collect from any entity that has access to the healthcare identifier of a healthcare recipient use | healthcare identifier of the healthcare recipient information that relates to the healthcare identifier of the healthcare recipient | the collection or use is for the purposes of establishing and maintaining a record mentioned in section 10 (a record of healthcare identifiers assigned and other matters, such as requests made to the service operator to disclose those identifiers) |
(1) An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
1 | identified healthcare provider | use disclose to the service operator | identifying information of a healthcare recipient | the use or disclosure is for the purpose of assisting the service operator to disclose the healthcare identifier of the healthcare recipient to the healthcare provider |
2 | service operator | collect from an identified healthcare provider use disclose to an identified healthcare provider | identifying information of a healthcare recipient | the collection, use or disclosure is for the purpose of disclosing the healthcare identifier of the healthcare recipient to the healthcare provider |
3 | service operator | use disclose to an identified healthcare provider | healthcare identifier of a healthcare recipient | the use or disclosure is for the purpose of assisting the healthcare provider to communicate or manage health information, as part of providing healthcare to the healthcare recipient |
4 | identified healthcare provider | collect from the service operator | healthcare identifier of a healthcare recipient | the collection is for the purpose of communicating or managing health information, as part of providing healthcare to the healthcare recipient |
5 | healthcare provider | use disclose to another entity | healthcare identifier of a healthcare recipient | the use or disclosure is for the purpose of communicating or managing health information as part of:
|
6 | entity to whom healthcare identifier of a healthcare recipient is disclosed for a purpose mentioned in column 4 of item 5 | collect use disclose | healthcare identifier of a healthcare recipient | the collection, use or disclosure is for the purpose for which the information was disclosed |
(2) This section does not authorise the collection, use or disclosure of the healthcare identifier of a healthcare recipient for the purpose of communicating or managing health information as part of:
(a) underwriting a contract of insurance that covers the healthcare recipient; or
(b) determining whether to enter into a contract of insurance that covers the healthcare recipient (whether alone or as a member of a class); or
(c) determining whether a contract of insurance covers the healthcare recipient in relation to a particular event; or
(d) employing the healthcare recipient.
The service operator is authorised to collect, use and disclose:
(a) identifying information of a healthcare recipient, an authorised representative of a healthcare recipient or a nominated representative of a healthcare recipient; and
(b) the healthcare identifier of a healthcare recipient, an authorised representative of a healthcare recipient or a nominated representative of a healthcare recipient;
for the purposes of the My Health Record system.
An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
1 | identified healthcare provider | disclose to the Aged Care Department | identifying information of a healthcare recipient | the disclosure is for an aged care purpose |
2 | Aged Care Department | collect from an identified healthcare provider use disclose to an identified healthcare provider | identifying information of a healthcare recipient | the collection, use or disclosure is for an aged care purpose |
3 | identified healthcare provider | collect from the Aged Care Department use | identifying information of a healthcare recipient | the collection or use is for an aged care purpose |
4 | Aged Care Department | disclose to the service operator | identifying information of a healthcare recipient | the disclosure is for an aged care purpose |
5 | service operator | collect from the Aged Care Department use | identifying information of a healthcare recipient | the collection or use is for an aged care purpose |
6 | service operator | use disclose to the Aged Care Department | healthcare identifier of a healthcare recipient | the use or disclosure is for an aged care purpose |
7 | healthcare provider | disclose to the Aged Care Department | healthcare identifier of a healthcare recipient | the disclosure is for an aged care purpose |
8 | Aged Care Department | collect from the service operator or a healthcare provider use | healthcare identifier of a healthcare recipient | the collection or use is for an aged care purpose |
An entity mentioned in column 1 of an item of the following table, may adopt the healthcare identifier of a healthcare recipient, an authorised representative of a healthcare recipient or a nominated representative of a healthcare recipient, for a purpose mentioned in column 2 of the item.
1 | healthcare provider | for use as the healthcare provider’s own identifier of the healthcare recipient, the authorised representative of a healthcare representative or the nominated representative of a healthcare recipient |
2 | My Health Record System Operator | for use as the My Health Record System Operator’s own identifier for the purposes of the My Health Record system |
3 | registered repository operator registered portal operator | for use as that operator’s own identifier for the purposes of the My Health Record system |
Any of the following entities may disclose the healthcare identifier of a healthcare recipient to the healthcare recipient, or a responsible person (within the meaning of the
Privacy Act 1988 ) for the healthcare recipient:
(a) the service operator;
(b) the My Health Record System Operator;
(c) a healthcare provider.
The service operator may disclose information included in the record the service operator maintains under section 10 in relation to a healthcare recipient to:
(a) the healthcare recipient; or
(b) a responsible person (within the meaning of the
Privacy Act 1988 ) for the healthcare recipient.
Collection, use or disclosure for other purposes
(1) The regulations may authorise the collection, use or disclosure of the following information:
(a) identifying information of a healthcare recipient, authorised representative of a healthcare recipient or nominated representative of a healthcare recipient;
(b) the healthcare identifier of a healthcare recipient, authorised representative of a healthcare recipient or nominated representative of a healthcare recipient.
Adoption for other purposes
(2) The regulations may authorise the adoption of the healthcare identifier of a healthcare recipient, authorised representative of a healthcare recipient or a nominated representative of healthcare recipient in the circumstances prescribed by the regulations.
Purposes for which regulation‑making powers in subsections (1) and (2) may be used
(3) However, the regulations may only authorise the collection, use, disclosure or adoption of that information for purposes related to one or more of the following:
(a) providing healthcare to healthcare recipients, or a class of healthcare recipients;
(b) determining whether adequate and appropriate healthcare is available to healthcare recipients, or a class of healthcare recipients;
(c) facilitating the provision of adequate and appropriate healthcare to healthcare recipients, or a class of healthcare recipients;
(d) assisting persons who, because of health issues (including illness, disability or injury), require support;
(e) the My Health Record system.
Procedures relating to the disclosure of healthcare identifiers
(4) The regulations may prescribe rules about the process for disclosing the healthcare identifiers of healthcare recipients, including rules about requests to the service operator to disclose healthcare identifiers of healthcare recipients.
Information about disclosures by service operator
(5) If the service operator discloses a healthcare identifier of a healthcare recipient to an entity, the regulations may require the entity to provide prescribed information to the service operator in relation to the disclosure.
An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
1 | service operator | collect from: (a) the Chief Executive Medicare; or (b) the Veterans’ Affairs Department; or (c) the Defence Department use | identifying information of a healthcare provider | the collection or use is for the purpose of assigning a healthcare identifier to the healthcare provider |
2 | Chief Executive Medicare Veterans’ Affairs Department Defence Department | use disclose to the service operator | identifying information of a healthcare provider | the use or disclosure is for the purpose of assisting the service operator to assign a healthcare identifier to the healthcare provider |
3 | service operator | collect from a healthcare provider use | information requested by the service operator under section 9B | the collection or use is for the purpose of assigning a healthcare identifier to the healthcare provider |
An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
1 | a national registration authority | use disclose to the service operator | healthcare identifier of a healthcare provider information that relates to the healthcare identifier of a healthcare provider | the use or disclosure is for the purposes of assisting the service operator to establish and maintain a record mentioned in section 10 (a record of healthcare identifiers assigned and other matters, such as requests made to the service operator to disclose those identifiers) |
2 | service operator | collect from a national registration authority use | healthcare identifier of a healthcare provider information that relates to the healthcare identifier of a healthcare provider | the collection or use is for the purposes of establishing and maintaining a record mentioned in section 10 (a record of healthcare identifiers assigned and other matters, such as requests made to the service operator to disclose those identifiers) |
23 Collection, use and disclosure—providing healthcare An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
1 | identified healthcare provider | use disclose to the service operator | identifying information of a healthcare provider | the use or disclosure is for the purpose of assisting the healthcare provider to communicate or manage health information, as part of providing healthcare to a healthcare recipient |
2 | service operator | collect from an identified healthcare provider | identifying information of a healthcare provider | the collection is for the purpose of assisting the healthcare provider to communicate or manage health information, as part of providing healthcare to a healthcare recipient |
3 | service operator | use disclose to an identified healthcare provider | healthcare identifier of a healthcare provider | the use or disclosure is for the purpose of assisting the healthcare provider to communicate or manage health information, as part of providing healthcare to a healthcare recipient |
4 | identified healthcare provider | collect from the service operator | healthcare identifier of a healthcare provider | the collection is for the purpose of communicating or managing health information, as part of providing healthcare to a healthcare recipient |
5 | healthcare provider | collect from another healthcare provider use disclose to another healthcare provider | healthcare identifier of a healthcare provider | the collection, use or disclosure is the purpose of communicating or managing health information, as part of providing healthcare to a healthcare recipient |
The service operator is authorised to collect, use and disclose:
(a) identifying information of a healthcare provider; and
(b) the healthcare identifier of a healthcare provider;
for the purposes of the My Health Record system.
An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
1 | service operator registration authority | use disclose to any entity | identifying information of a healthcare provider healthcare identifier of a healthcare provider | the use or disclosure is for the purpose of enabling the healthcare provider’s identity to be authenticated in electronic transmissions |
2 | an entity to whom information is disclosed for the purposes of enabling a healthcare provider’s identity to be authenticated in electronic communications | |||
collect from any entity use disclose to any entity | identifying information of a healthcare provider healthcare identifier of a healthcare provider | the collection, use or disclosure is for the purpose of enabling the healthcare provider’s identity to be authenticated in electronic transmissions |
An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
1 | service operator | use disclose to a registration authority | healthcare identifier of a healthcare provider | the use or disclosure is for the purpose of assisting the registration authority to register the healthcare provider |
2 | registration authority | collect use | healthcare identifier of a healthcare provider | the collection or use is for one of the following purposes: (a) registering the healthcare provider;
|
3 | service operator | collect from a registration authority use disclose to a registration authority | identifying information of a healthcare provider healthcare identifier of a healthcare provider | the collection, use or disclosure is for the purpose of ensuring that information held by the service operator or the registration authority is accurate, up‑to‑date and complete |
4 | registration authority | collect from the service operator use disclose to the service operator | identifying information of a healthcare provider healthcare identifier of a healthcare provider | the collection, use or disclosure is for the purpose of ensuring that information held by the service operator or the registration authority is accurate, up‑to‑date and complete |
An entity mentioned in column 1 of an item of the following table, may adopt the healthcare identifier of a healthcare provider for a purpose mentioned in column 2 of the item.
1 | My Health Record System Operator | for use as the My Health Record System Operator’s own identifier for the purposes of the My Health Record system |
2 | registered repository operator registered portal operator | for use as that operator’s own identifier for the purposes of the My Health Record system |
3 | a participant in the My Health Record system to whom the healthcare identifier is disclosed by a registered repository operator or a registered portal operator under section 58A of the My Health Records Act | for use in authenticating the identity of the healthcare provider in electronic transmissions |
Any entity who knows the healthcare identifier of a healthcare provider may disclose the healthcare identifier to the healthcare provider.
Collection, use or disclosure for other purposes
(1) The regulations may authorise the collection, use or disclosure of the following information:
(a) identifying information of a healthcare provider;
(b) the healthcare identifier of a healthcare provider.
Adoption for other purposes
(2) The regulations may authorise the adoption of the healthcare identifier of a healthcare provider in the circumstances prescribed by the regulations.
Purposes for which regulation‑making powers in subsections (1) and (2) may be used
(3) However, the regulations may only authorise the collection, use, disclosure or adoption of that information for purposes related to one or more of the following:
(a) providing healthcare to healthcare recipients, or a class of healthcare recipients;
(b) determining whether adequate and appropriate healthcare is available to healthcare recipients, or a class of healthcare recipients;
(c) facilitating the provision of adequate and appropriate healthcare to healthcare recipients, or a class of healthcare recipients;
(d) assisting persons who, because of health issues (including illness, disability or injury), require support;
(e) the My Health Record system.
Procedures relating to the disclosure of healthcare identifiers
(4) The regulations may prescribe rules about the process for disclosing the healthcare identifiers of healthcare providers, including rules about requests to the service operator to disclose healthcare identifiers of healthcare providers.
Information about disclosures by service operator
(5) If the service operator discloses a healthcare identifier of a healthcare provider to an entity, the regulations may require the entity to provide prescribed information to the service operator in relation to the disclosure.
Information to be provided to the service operator about the healthcare identifier of a healthcare provider
(6) The regulations may require an identified healthcare provider to provide to the service operator information that:
(a) relates to the healthcare provider’s healthcare identifier; and
(b) is prescribed by the regulations for the purposes of this section.
(1) If a healthcare provider organisation becomes aware that information held by the service operator in relation to the organisation is not accurate, up‑to‑date and complete, the organisation must:
(a) give the service operator, in writing, accurate, up‑to‑date and complete information; and
(b) do so within 20 business days after the organisation becomes aware that the information held by the service operator is not accurate, up‑to‑date and complete.
(2) Subsection (1) does not apply if:
(a) the information that is no longer accurate, up‑to‑date and complete is personal information that the service operator was only able to lawfully obtain with the consent of the person to whom the information relates; and
(b) instead of giving accurate, up‑to‑date and complete personal information within the period specified in that subsection, the healthcare provider organisation notifies the service operator within that period, in the manner and form approved by the service operator, that the person to whom the information relates has withdrawn consent for the information to be given to the service operator.
(3) Subsection (1) does not apply if:
(a) the healthcare provider organisation, or an individual healthcare provider who is linked to the healthcare provider organisation, is required by an Australian law, or by a lawful requirement of the national registration authority, to give the national registration authority the accurate, up‑to‑date and complete information; and
(b) the healthcare provider organisation, or the individual healthcare provider, complies with the requirement.
(4) A person is liable to a civil penalty if:
(a) the person fails to give the service operator information in the circumstances mentioned in subsection (1); and
(b) the person knows or is reckless as to those circumstances.
Civil penalty: 100 penalty units.
Repeal the heading, substitute:
Repeal the section, substitute:
(1) A person must not use or disclose information if:
(a) the person obtains the information in response to a request under section 9B; or
(b) the person obtains the information in the course of establishing or maintaining a record for the purposes of section 10 (a record of healthcare identifiers assigned and other matters, such as requests made to the service operator to disclose those identifiers); or
(c) the information is identifying information and the person obtains the information in circumstances covered by a requirement or authority under this Act; or
(d) the information is the healthcare identifier of a healthcare recipient or an individual healthcare provider.
(2) A person must not use or disclose information if the information is disclosed to the person in contravention of subsection (1).
(3) This section does not apply to the use or disclosure of a healthcare identifier if:
(a) the use or disclosure of the healthcare identifier is required or authorised under this Act; or
(b) the use or disclosure of the healthcare identifier is required or authorised under another Commonwealth law or a court/tribunal order; or
(c) the use or disclosure is:
(i) by the person to whom the healthcare identifier relates; and
(ii) for the purposes of, or in connection with, the personal, family or household affairs of that person (within the meaning of section 16 of the
Privacy Act 1988 ); or(d) a permitted general situation of the kind described in item 1, 2, 4 or 5 of the table in subsection 16A(1) of the
Privacy Act 1988 exists in relation to the use or disclosure, or would exist if the person were an APP entity for the purposes of that Act; or(e) without limiting the exceptions under this subsection, the use or disclosure is required or authorised by the Information Commissioner, or an equivalent officer or agency of a State or Territory, in exercising powers or performing functions in relation to privacy.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the
Criminal Code .(4) This section does not apply to the use or disclosure of information other than a healthcare identifier if:
(a) the use or disclosure of the information is required or authorised under this Act; or
(b) the use or disclosure of the information is required or authorised under another Australian law or a court/tribunal order; or
(c) the information is personal information and the use or disclosure would not be an interference with the privacy of the individual for the purposes of the
Privacy Act 1988 , or would not be an interference with the privacy of the individual for the purposes of that Act if the person were an agency or an organisation for the purposes of that Act; or(d) without limiting the exceptions under this subsection, the use or disclosure is required or authorised by the Information Commissioner, or an equivalent officer or agency of a State or Territory, in exercising powers or performing functions in relation to privacy.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the
Criminal Code .(5) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(6) A person is liable to a civil penalty if:
(a) the person uses or discloses information in circumstances under which the use or disclosure would contravene subsection (1) or (2); and
(b) the person knows or is reckless as to those circumstances.
Civil penalty: 600 penalty units.
Insert:
If a person is authorised to collect, use or disclose information under this Act, the person will not interfere with the privacy of an individual for the purposes of the
Privacy Act 1988 in doing so.Section 26 imposes a higher standard of privacy in relation to healthcare identifiers than is imposed in relation to other information. If a person uses or discloses a healthcare identifier in circumstances that are not permitted under that section, the person will not only be subject to criminal and civil penalties. That action will also be an interference with privacy for the purposes of the
Privacy Act 1988 , and can be dealt with as such under that Act.
Omit “An act or practice that contravenes this Act or the regulations in connection with the healthcare identifier of an individual is taken to be:”, substitute “An act or practice in connection with a healthcare identifier of a healthcare recipient or an individual healthcare provider that contravenes this Act or the regulations, or would contravene this Act or the regulations but for a requirement relating to state of mind, is taken to be:”.
Omit “of the individual”, substitute “of the healthcare recipient or individual healthcare provider”.
After “healthcare identifier”, insert “of a healthcare recipient or of an individual healthcare provider”.
Insert:
The Healthcare Provider Directory is a directory available to healthcare providers to allow them to find information about other healthcare providers, such as:
(a) the healthcare identifier of a healthcare provider; and
(b) whether an individual healthcare provider is linked to a healthcare provider organisation; and
(c) whether a healthcare provider is registered under the My Health Record system; and
(d) whether a healthcare provider is registered with a registration authority and the status of that registration (such as whether it is conditional, suspended, cancelled or lapsed); and
(e) the type of healthcare provider that an individual is.
Repeal the section, substitute:
(1) The service operator must establish and maintain a record (the
Healthcare Provider Directory ) of the professional and business details of identified healthcare providers.(2) The service operator is authorised to:
(a) collect and use personal information for the purposes of establishing and maintaining the Healthcare Provider Directory; and
(b) disclose personal information on the Healthcare Provider Directory to an identified healthcare provider;
but, except in the circumstances dealt with in section 31A, only with the consent of the individual to whom the personal information relates.
(3) The professional and business details of a healthcare provider disclosed on the Healthcare Provider Directory may include information sufficient to allow the person to whom the information is disclosed to determine any of the following:
(a) the healthcare identifier of a healthcare provider;
(b) identifying information of a healthcare provider;
(c) whether an individual healthcare provider is linked to a particular healthcare provider organisation;
(d) whether a healthcare provider organisation is a registered healthcare provider organisation for the purposes of the My Health Records Act;
(e) whether an individual healthcare provider is registered with a registration authority and the status of that registration (such as conditional, suspended, cancelled or lapsed);
(f) the type of healthcare provider that an individual is.
(4) A person to whom the professional and business details of a healthcare provider is disclosed on the Healthcare Provider Directory is authorised to collect, use and disclose that information:
(a) for the purpose of communicating or managing health information, as part of providing healthcare to a healthcare recipient; or
(b) in any other circumstances in which the collection, use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(c) in any other circumstances in which the collection, use or disclosure of the information would not be an interference with privacy under the
Privacy Act 1988 .
(1) The service operator is authorised to collect from the My Health Record System Operator, use and disclose to the My Health Record System Operator:
(a) identifying information of a healthcare provider; and
(b) the healthcare identifier of a healthcare provider;
for the purposes of the Healthcare Provider Directory.
(2) The My Health Record System Operator is authorised to use and disclose to the service operator:
(a) identifying information of a healthcare provider; and
(b) the healthcare identifier of a healthcare provider;
for the purposes of the Healthcare Provider Directory.
Insert:
The civil penalty provisions of this Act and the regulations are enforceable under Part 4 of the Regulatory Powers Act. The provisions of this Act and the regulations are also enforceable using enforceable undertakings under Part 6 of the Regulatory Powers Act, and injunctions under Part 7 of the Regulatory Powers Act.
Enforceable civil penalty provisions
(1) Each civil penalty provision of this Act and the regulations is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Information Commissioner is an authorised applicant in relation to the civil penalty provisions of this Act and the regulations.
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act and the regulations:
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to the matter.
Extension to external Territories
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act and the regulations, extends to every external Territory.
Liability of the Crown
(5) Part 4 of the Regulatory Powers Act, as that Part applies in relation the civil penalty provisions of this Act and the regulations, does not make the Crown liable to a pecuniary penalty.
Enforceable provisions
(1) The provisions of this Act and the regulations are enforceable under Part 6 of the Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
Authorised person
(2) For the purposes of Part 6 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions of this Act and the regulations:
(a) the service operator;
(b) the Information Commissioner.
Relevant court
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions of this Act and the regulations:
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to the matter.
Enforceable undertaking may be published on website
(4) An authorised person in relation to a provision of this Act and the regulations may publish an undertaking given in relation to the provision on the authorised person’s website.
Extension to external Territories
(5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions of this Act and the regulations, extends to every external Territory.
Enforceable provisions
(1) The provisions of this Act and the regulations are enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
Authorised person
(2) For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions of this Act and the regulations:
(a) the service operator;
(b) the Information Commissioner.
Relevant court
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions of this Act and the regulations:
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to the matter.
Extension to external Territories
(4) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions of this Act and the regulations, extends to every external Territory.
Insert:
The Minister may give directions to the service operator about the performance of the service operator’s functions under this Act, after consulting the Ministerial Council.
The Minister must also consult the Ministerial Council before regulations are made under this Act.
Add:
(4) If the service operator is required under section 46 of the
Public Governance, Performance and Accountability Act 2013 to prepare and give to the Minister an annual report for all or part of a financial year, the service operator is not required to also give a report in relation to that financial year under this section.
Repeal the section, substitute:
(1) The Minister must, after consulting the Ministerial Council, appoint an individual to review the operation of this Act and the regulations.
(2) The individual appointed must give a report to the Minister within 3 years after the commencement of Schedule 1 to the
Health Legislation Amendment (eHealth) Act 2015 .(3) The Minister must:
(a) provide a copy of the report to the Ministerial Council; and
(b) table a copy of the report in each House of Parliament within 15 sitting days after the report is given to the Minister.
Insert:
If an entity is authorised to collect, use or disclose information under this Act, an employee or contracted service provider of the entity is authorised to do that, provided the duties of the employee or contracted service provider involve implementing the purpose for which the collection, use or disclosure is authorised.
If an entity is authorised to disclose information to a healthcare provider, the entity is authorised to disclose the information to an employee or contracted service provider of the healthcare provider, provided the duties of the employee or contracted service provider involve implementing the purpose for which the disclosure is authorised.
This Act applies to partnerships, unincorporated associations and trusts in the same way as it applies to persons.
The service operator may delegate functions and powers under this Act.
This Part also:
(a) provides for the concurrent operation of State and Territory law; and
(b) deals with the effect Parts 3 and 4 are to have in certain constitutionally significant circumstances.
The Governor‑General may make regulations prescribing matters that are required or permitted to be prescribed by this Act, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Insert:
An authorisation under this Act to an entity to disclose information to a healthcare provider for a particular purpose is an authorisation to disclose the information to:
(a) an individual:
(i) who is an employee of the healthcare provider; and
(ii) whose duties involve, or are reasonably connected to, implementing that purpose; or
(b) a contracted service provider of the healthcare provider, if the duties of the contracted service provider under a contract with the healthcare provider involve, or are reasonably connected with, implementing that purpose by providing information technology services relating to the communication of health information, or health information management services, to the healthcare provider; or
(c) an individual:
(i) who is an employee of a contracted service provider to which paragraph (b) applies; and
(ii) whose duties involve implementing that purpose as mentioned in that paragraph.
(1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.
(2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.
(3) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:
(a) did the relevant act or made the relevant omission; or
(b) aided, abetted, counselled or procured the relevant act or omission; or
(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).
(4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.
(1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.
(2) An obligation that would otherwise be imposed on the unincorporated association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.
(3) An offence against this Act that would otherwise have been committed by the unincorporated association is taken to have been committed by each member of the association’s committee of management, at the time the offence was committed, who:
(a) did the relevant act or made the relevant omission; or
(b) aided, abetted, counselled or procured the relevant act or omission; or
(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).
(4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.
(1) If a trust has 2 or more trustees, this Act applies to the trust as if it were a person, but with the changes set out in this section.
(2) An obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees.
(3) An offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:
(a) did the relevant act or made the relevant omission; or
(b) aided, abetted, counselled or procured the relevant act or omission; or
(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).
(4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.
(1) The service operator may, by writing, delegate one or more of his or her functions and powers to any of the following:
(a) an APS employee in the Department;
(b) if the service operator is not the Chief Executive Medicare—the Chief Executive Medicare;
(c) any other person with the consent of the Minister.
(2) If the service operator is not the Chief Executive Medicare the service operator may only delegate a function or power of the service operator:
(a) to an APS employee in the Department with the agreement of the Secretary; and
(b) to the Chief Executive Medicare with the agreement of the Chief Executive Medicare.
(3) Each of the following must comply with any written directions of the service operator:
(a) a delegate;
(b) if the Chief Executive Medicare delegates under subsection 8AC(3) of the
Human Services (Medicare) Act 1973 a function delegated to him or her under this section—a subdelegate.
Insert:
Repeal the section, substitute:
The My Health Record system is a system for making health information about a healthcare recipient available for the purposes of providing healthcare to the recipient.
A healthcare recipient will have a My Health Record if the recipient registers in the My Health Record system. The Minister may, however, provide that the opt‑out model is to apply under My Health Records Rules made under Schedule 1. A healthcare recipient covered by those Rules will be registered in the My Health Record system, and have a My Health Record, unless the recipient elects to opt‑out of the system.
The My Health Record system is operated by the System Operator. The System Operator operates the National Repositories Service, that stores key records that form part of a healthcare recipient’s My Health Record. Other records are stored by registered repository operators. Together these records make up a healthcare recipient’s My Health Record.
If a healthcare recipient is registered in the My Health Record system, a healthcare provider may upload health information about the recipient to the My Health Record system, unless the record is one which the healthcare recipient has advised the healthcare provider not to upload or the record is not to be uploaded under prescribed laws of a State or Territory.
Health information may be collected, used and disclosed from a healthcare recipient’s My Health Record for the purpose of providing healthcare to the recipient, subject to any access controls set by the recipient (or if none are set, default access controls). There are other limited circumstances in which health information may be collected, used or disclosed from a My Health Record. Criminal and civil penalties apply if a person collects, uses or discloses information from a My Health Record without authorisation. Enforceable undertakings and injunctions are also available to enforce the provisions of this Act.
An authorisation to collect, use or disclose information under this Act is also an authorisation to do so for the purposes of the
Privacy Act 1988 . A contravention of this Act is also an interference with privacy for the purposes of thePrivacy Act 1988 , and so can be investigated under that Act.
Schedule 1 has effect.
Note: Schedule 1 deals with the opt‑out model for registering healthcare recipients in the My Health Record system.
Insert:
cinematograph film has the same meaning as in theCopyright Act 1968 .
Repeal the definition.
53
Section 5 (definition of civil penalty provision ) Repeal the definition, substitute:
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Repeal the definition.
Repeal the definition, substitute:
healthcare means health service within the meaning of subsection 6(1) of thePrivacy Act 1988 .
Repeal the definition, substitute:
health information has the meaning given by subsection 6(1) of thePrivacy Act 1988 .
57
Section 5 (definition of independent advisory council Repeal the definition.
58
Section 5 (definition of jurisdictional advisory committee ) Repeal the definition.
Repeal the definition, substitute:
Ministerial Council means the council (however described) established by the Council of Australian Governments that has responsibility for health matters.
Insert:
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .
Insert:
sound recording has the same meaning as in theCopyright Act 1968 .
Insert:
work has the same meaning as in theCopyright Act 1968 .
Repeal the subsections.
Insert:
Duty to ascertain will and preferences
(1) An authorised representative or a nominated representative (a
representative ) of a healthcare recipient must make reasonable efforts to ascertain the recipient’s will and preferences in relation to the recipient’s My Health Record.(2) If it is not possible to ascertain the healthcare recipient’s will and preferences, the representative must make reasonable efforts to ascertain the recipient’s likely will and preferences in relation to the recipient’s My Health Record.
(3) The healthcare recipient’s likely will and preferences may be ascertained from sources including the following:
(a) if the representative is a nominated representative—the agreement appointing the representative;
(b) to the extent legally possible, from consultation with people who may be expected to be aware of the recipient’s will and preferences.
Duty to give effect to will and preferences
(4) The representative must give effect to the healthcare recipient’s will and preferences, or likely will and preferences, ascertained in accordance with subsection (1) or (2).
(5) However, if to do so would pose a serious risk to the healthcare recipient’s personal and social wellbeing, the representative must instead act in a manner that promotes the personal and social wellbeing of the healthcare recipient.
Duty if will and preferences cannot be ascertained
(6) If the healthcare recipient’s will and preferences, or likely will and preferences, cannot be ascertained, the representative must act in a manner that promotes the personal and social wellbeing of the healthcare recipient.
Add:
; (i) other information that is prescribed by the regulations for the purpose of this paragraph.
Omit “or liable to a pecuniary penalty”.
Add:
(1) If under this Act the System Operator is required to give information in writing, that requirement is taken to have been met if the System Operator gives the information by means of an electronic communication, as defined in the
Electronic Transactions Act 1999 .(2) If under this Act the System Operator is permitted to give information in writing, the System Operator is permitted to give the information by means of an electronic communication, as defined in the
Electronic Transactions Act 1999 .
Repeal the heading, substitute:
Insert:
(ia) to establish and operate a test environment for the My Health Record system, and other electronic systems that interact directly with the My Health Record system, in accordance with the requirements (if any) in the My Health Records Rules;
Repeal the section.
Omit “the record was first uploaded to the National Repositories Service”, substitute “the date of birth of the healthcare recipient”.
Repeal the Divisions.
After the Division heading, insert:
Note: This Division does not apply to a healthcare recipient if the opt‑out model applies to the healthcare recipient because of My Health Records Rules made under Schedule 1 to this Act.
Insert:
(3A) A registered healthcare provider organisation is authorised to upload to the My Health Record system a record in relation to a healthcare recipient (the
patient ) that includes health information about another healthcare recipient (thethird party ), if the health information about the third party is directly relevant to the healthcare of the patient, subject to a law of a State or Territory that is prescribed by the regulations for the purposes of subsection (4).
Omit “A consent referred to in subsection (3) has”, substitute “A consent referred to in subsection (3), and an authorisation given under subsection (3A), have”.
Insert:
(ba) upload to a repository a record of a kind specified in the My Health Records Rules for the purposes of subparagraph (b)(ii) unless the record is prepared by a person who, at the time the record is prepared, is:
(i) an individual who is registered by a registration authority within the meaning of the
Healthcare Identifiers Act 2010 , and whose registration is not conditional, suspended, cancelled or lapsed (other than in circumstances prescribed in the My Health Records Rules); or(ii) an individual who is a member of a professional association described in paragraph 9A(1)(b) of the
Healthcare Identifiers Act 2010 , and whose membership is not conditional, suspended, cancelled or lapsed (other than in circumstances prescribed by the My Health Records Rules); or
Repeal the paragraph, substitute:
(c) upload a record to a repository if uploading the record would involve an infringement of a moral right of the author, within the meaning of the
Copyright Act 1968 ; or
Insert:
Old works must not be uploaded if it would be an infringement of copyright to use the work for healthcare or related purposes
(1) Subsection (2) applies to works made before section 44BB of the
Copyright Act 1968 commences.Note: Section 44BB of the
Copyright Act 1968 provides that there is no infringement of copyright if an act comprised in the copyright of a work is done, or authorised to be done, for healthcare or related purposes.(2) A healthcare provider organisation must not, for the purposes of the My Health Record system, upload the work if it would be an infringement of the copyright in the work for the organisation or another person to do, or authorise to be done, an act comprised in the copyright of the work:
(a) for a purpose for which the collection, use or disclosure of health information is required or authorised under this Act; or
(b) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the
Privacy Act 1988 (serious threat to life, health or safety), or would exist if the act were done, or authorised to be done, by an entity that is an APP entity for the purposes of that Act; or(c) in circumstances in which a permitted health situation exists under section 16B of the
Privacy Act 1988 , or would exist if the act were done, or authorised to be done, by an entity that is an organisation for the purposes of that Act; or(d) for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations.
(3) It is a condition of the registration of a healthcare provider organisation that the organisation complies with the obligation under subsection (2).
(1) Subsection (2) applies to sound recordings and cinematograph films made before section 104C of the
Copyright Act 1968 commences.Note: Section 104C of the
Copyright Act 1968 provides that there is no infringement of the copyright if an act comprised in the copyright of a sound recording or cinematograph film is done, or authorised to be done, for healthcare or related purposes.(2) A healthcare provider organisation must not, for the purposes of the My Health Record system, upload the sound recording or cinematograph film if it would be an infringement of the copyright in the recording or film for the organisation or another person to do an act comprised in the copyright of the recording or film:
(a) for a purpose for which the collection, use or disclosure of health information is required or authorised under this Act; or
(b) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the
Privacy Act 1988 (serious threat to life, health or safety), or would exist if the act were done by an entity that is an APP entity for the purposes of that Act; or(c) in circumstances in which a permitted health situation exists under section 16B of the
Privacy Act 1988 , or would exist if the act were done by an entity that is an organisation for the purposes of that Act; or
(2) Sections 94 and 95 of the
My Health Records Act 2012 , as in force immediately before the commencement of this Schedule, continue to apply on and after the application day in relation to the following:
(a) an undertaking given before the application day;
(b) an application for an order made, but not decided, under subsection 95(1) of that Act before the application day;
(c) an order made under subsection 95(2) of that Act before, on or after the application day as a result of an application made before the application day.
(1) Part 7 of the
Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Division 3 of Part 6 of theMy Health Records Act 2012 , applies in relation to contraventions occurring on or after the application day.(2) Section 96 of the
My Health Records Act 2012 , as in force immediately before the commencement of this Schedule, continues to apply on and after the application day in relation to contraventions occurring before the application day.
134
Amendments of the My Health Records Act 2012 relating to partnerships, unincorporated associations and trusts The amendments made by items 97, 98 and 99 of this Schedule apply to:
(a) obligations arising on or after the application day; and
(b) offence and civil penalty provisions contravened on or after the application day.
135
Repeal of requirement for the System Operator to give an annual report The amendment made by item 101 of this Schedule applies to financial years beginning on or after the governance restructure day.
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of this Act.
(3) Without limiting subitem (2), rules made for the purposes of that subitem may provide that the following Acts have effect with any modifications prescribed by the rules:
(a) the
Healthcare Identifiers Act 2010 ;(b) the
My Health Records Act 2012 ;(c) the
Privacy Act 1988 .(4) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(5) This Part (other than subitem (4)) does not limit the rules that may be made for the purposes of this item.
Insert:
My Health Record has the same meaning as in theMy Health Records Act 2012 .
My Health Record system has the same meaning as in theMy Health Records Act 2012 .
My Health Record System Operator means the System Operator within the meaning of theMy Health Records Act 2012 .
Insert:
participant in the My Health Record system has the same meaning as in theMy Health Records Act 2012 .
3
Section 5 (definition of participant in the PCEHR system ) Repeal the definition.
Repeal the following definitions:
(a) definition of
PCEHR ;(b) definition of
PCEHR system ;(c) definition of
PCEHR System Operator .
5
Section 5 (definitions of registered portal operator and registered repository operator ) Omit “
Personally Controlled Electronic Health Records Act 2012 ”, substitute “My Health Records Act 2012 ”.
Omit “PCEHR”, substitute “My Health Record”.
Insert:
My Health Record System Operator has the same meaning as System Operator has in theMy Health Records Act 2012 .
8
Subsection 3(1) (definition of PCEHR System Operator ) Repeal the definition.
9
Subsection 3(1) (definition of registered repository operator ) Omit “
Personally Controlled Electronic Health Records Act 2012 ”, substitute “My Health Records Act 2012 ”.
Omit “
Personally Controlled Electronic Health Records Act 2012 ”, substitute “My Health Records Act 2012 ”.
Omit “
Personally Controlled Electronic Health Records Act 2012 ”, substitute “My Health Records Act 2012 ”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Insert:
My Health Record has the same meaning as in theMy Health Records Act 2012 .
My Health Record System Operator has the same meaning as System Operator has in theMy Health Records Act 2012 .
Repeal the following definitions:
(a) definition of
PCEHR ;(b) definition of
PCEHR System Operator .
Omit “
Personally Controlled Electronic Health Records Act 2012 ”, substitute “My Health Records Act 2012 ”.Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the
Acts Interpretation Act 1901 ).
16
Section 5 (definitions of contracted service provider and index service ) Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Insert:
My Health Record of a healthcare recipient means the record of information that is created and maintained by the System Operator in relation to the healthcare recipient, and information that can be obtained by means of that record, including the following:
(a) information included in the entry in the Register that relates to the healthcare recipient;
(b) health information connected in the My Health Record system to the healthcare recipient (including information included in a record accessible through the index service);
(c) other information connected in the My Health Record system to the healthcare recipient, such as information relating to auditing access to the record;
(d) back‑up records of such information.
My Health Records Rules has the meaning given by section 109.
My Health Record system means a system:
(a) that is for:
(i) the collection, use and disclosure of information from many sources using telecommunications services and by other means, and the holding of that information, in accordance with the healthcare recipient’s wishes or in circumstances specified in this Act; and
(ii) the assembly of that information using telecommunications services and by other means so far is it is relevant to a particular healthcare recipient, so that it can be made available, in accordance with the healthcare recipient’s wishes or in circumstances specified in this Act, to facilitate the provision of healthcare to the healthcare recipient or for purposes specified in this Act; and
(b) that involves the performance of functions under this Act by the System Operator.
Insert:
participant in the My Health Record system means any of the following:
(a) the System Operator;
(b) a registered healthcare provider organisation;
(c) the operator of the National Repositories Service;
(d) a registered repository operator;
(e) a registered portal operator;
(f) a registered contracted service provider, so far as the contracted service provider provides services to a registered healthcare provider.
19
Section 5 (definition of participant in the PCEHR system ) Repeal the definition.
Repeal the following definitions:
(a) definition of
PCEHR ;(b) definition of
PCEHR Rules ;(c) definition of
PCEHR system .
21
Section 5 (definition of personally controlled electronic health record ) Repeal the definition.
22
Section 5 (definition of registered portal operator ) Omit “PCEHR”, substitute “My Health Record”.
23
Section 5 (definition of registered repository operator ) Omit “personally controlled electronic health records”, substitute “My Health Records”.
24
Section 5 (definition of registered repository operator ) Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Repeal the heading, substitute:
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Repeal the heading, substitute:
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHRs”, substitute “My Health Records”.
Omit “PCEHR”, substitute “My Health Record”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Repeal the heading, substitute:
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Repeal the heading, substitute:
Information originally obtained by means of My Health Record system
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
Omit “PCEHRs”, substitute “My Health Records”.
Omit “PCEHR”, substitute “My Health Record”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “
PCEHR ”, substitute “My Health Record ”.
Omit “PCEHR”, substitute “My Health Record”.
Repeal the heading, substitute:
My Health Records Rules may relate to registration etc.
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Repeal the heading, substitute:
My Health Records Rules may relate to agreements
Omit “PCEHR”, substitute “My Health Record”.
Repeal the heading, substitute:
My Health Records Rules may relate to access control mechanisms
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Repeal the heading, substitute:
My Health Records Rules may relate to authorised representatives and nominated representatives
Omit “PCEHR”, substitute “My Health Record”.
Repeal the heading, substitute:
My Health Records Rules may relate to research
Omit “PCEHR”, substitute “My Health Record”.
Repeal the heading, substitute:
My Health Records Rules may apply to specified classes of participants
Omit “PCEHR” (wherever occurring), substitute “My Health Record”.
Omit “PCEHR”, substitute “My Health Record”.
1 Subsection 3(1) (definition of registered consumer ) Repeal the definition.
Insert:
registered healthcare recipient has the meaning given by theMy Health Records Act 2012 .
Omit “consumer”, substitute “healthcare recipient”.
4 Section 5 (definitions of consumer and consumer‑only notes ) Repeal the definitions.
Insert:
healthcare recipient means an individual who has received, receives, or may receive, healthcare.
healthcare recipient‑only notes , in relation to a healthcare recipient, means health information included by the healthcare recipient in his or her My Health Record and described in the My Health Record system as healthcare recipient‑only notes (whether using that expression or an equivalent expression).
Repeal the definition.
Insert:
registered healthcare recipient means a healthcare recipient who is registered under section 41.
1 | Section 3 | consumers of healthcare | recipients of healthcare |
2 | Paragraph 3(d) | consumers | healthcare recipients |
3 | Section 5 (definitions of | consumer (wherever occurring) | healthcare recipient |
4 | Section 5 (paragraph (a) of the definition of | consumer’s | healthcare recipient’s |
5 | Section 5 (definitions of | consumer | healthcare recipient |
6 | Section 5 (definition of | consumer’s | healthcare recipient’s |
7 | Section 5 (definition of | consumer | healthcare recipient |
8 | Section 6 (heading) | ||
9 | Subsection 6(1) (heading) | ||
10 | Subsections 6(1) to (3) | consumer (wherever occurring) | healthcare recipient |
11 | Subsection 6(4) (heading) | ||
12 | Subsections 6(4) and (6) | consumer (wherever occurring) | healthcare recipient |
13 | Subsection 6(7) | consumer (wherever occurring) | healthcare recipient |
14 | Subsection 6(8) | consumer (first and second occurring) | healthcare recipient |
15 | Subsection 6(8) | consumer’s | healthcare recipient’s |
16 | Subsection 6(8) | consumer (third occurring) | healthcare recipient |
17 | Section 7 (heading) | ||
18 | Subsection 7(1) | consumer (first occurring) | healthcare recipient |
19 | Paragraph 7(1)(a) | consumer | healthcare recipient |
20 | Paragraph 7(1)(a) | consumer’s | healthcare recipient’s |
21 | Paragraph 7(1)(b) | consumer | healthcare recipient |
22 | Subsection 7(2) | consumer (first occurring) | healthcare recipient |
23 | Paragraph 7(2)(a) | consumer (first occurring) | healthcare recipient |
24 | Subparagraph 7(2)(a)(i) | consumer’s | healthcare recipient’s |
25 | Subparagraph 7(2)(a)(ii) | consumer | healthcare recipient |
26 | Paragraph 7(2)(b) | consumer | healthcare recipient |
27 | Subsection 7(3) | consumer | healthcare recipient |
28 | Subsection 7(3) | consumer’s | healthcare recipient’s |
29 | Subsection 7(4) | consumer (wherever occurring) | healthcare recipient |
30 | Subsection 7(5) | consumer (first and second occurring) | healthcare recipient |
31 | Subsection 7(5) | consumer’s | healthcare recipient’s |
32 | Subsection 7(5) | consumer (third, fourth, fifth and sixth occurring) | healthcare recipient |
33 | Section 8 | consumer (wherever occurring) | healthcare recipient |
34 | Section 10 | consumer (first occurring) | healthcare recipient |
35 | Paragraph 10(a) | consumer’s (wherever occurring) | healthcare recipient’s |
36 | Section 10 (note) | consumer | healthcare recipient |
37 | Subparagraphs 15(a)(i) and (ii) | consumers | healthcare recipients |
38 | Subparagraph 15(b)(i) | consumer | healthcare recipient |
39 | Subparagraph 15(b)(i) | consumer’s | healthcare recipient’s |
40 | Subparagraph 15(b)(ii) | consumer | healthcare recipient |
41 | Subparagraph 15(b)(iii) | consumer’s | healthcare recipient’s |
42 | Paragraph 15(c) | consumer | healthcare recipient |
43 | Paragraph 15(c) | consumer’s | healthcare recipient’s |
44 | Subparagraphs 15(c)(i) and (ii) | consumer | healthcare recipient |
45 | Paragraph 15(f) | consumers | healthcare recipients |
46 | Subparagraphs 15(h)(i) and (ii) | consumer | healthcare recipient |
47 | Paragraph 15(i) | consumer’s (wherever occurring) | healthcare recipient’s |
48 | Paragraph 15(m) | consumers | healthcare recipients |
49 | Section 17 | consumer (wherever occurring) | healthcare recipient |
50 | Subsections 38(2) and (3) | consumer (wherever occurring) | healthcare recipient |
51 | Division 1 of Part 3 (heading) | ||
52 | Section 39 (heading) | ||
53 | Subsection 39(1) | consumer (wherever occurring) | healthcare recipient |
54 | Section 40 (heading) | ||
55 | Section 40 | consumer (wherever occurring) | healthcare recipient |
56 | Section 41 (heading) | ||
57 | Subsections 41(1) to (3) | consumer (wherever occurring) | healthcare recipient |
58 | Section 45 | consumer (wherever occurring) | healthcare recipient |
59 | Subsection 46(1) (heading) | ||
60 | Subsection 46(1) | consumer (wherever occurring) | healthcare recipient |
61 | Subsection 46(2) (heading) | ||
62 | Subsection 46(2) | consumer (wherever occurring) | healthcare recipient |
63 | Section 50 | consumer | healthcare recipient |
64 | Subsection 51(1) | consumer (wherever occurring) | healthcare recipient |
65 | Subsection 51(2) (heading) | ||
66 | Subsection 51(2) | consumer (wherever occurring) | healthcare recipient |
67 | Subsection 51(3) | consumer | healthcare recipient |
68 | Subsection 51(4) (heading) | ||
69 | Subsection 51(4) | consumer | healthcare recipient |
70 | Subsection 51(4) | consumer’s | healthcare recipient’s |
71 | Subsection 51(5) | consumer | healthcare recipient |
72 | Subsection 51(6) (heading) | ||
73 | Subsection 51(6) | consumer (wherever occurring) | healthcare recipient |
74 | Paragraph 51(7)(b) | consumer (wherever occurring) | healthcare recipient |
75 | Section 52 | consumer (wherever occurring) | healthcare recipient |
76 | Subsections 53(1), (2), (3) and (4) | consumer (wherever occurring) | healthcare recipient |
77 | Sections 54 and 55 | consumer (wherever occurring) | healthcare recipient |
78 | Section 57 | consumer (wherever occurring) | healthcare recipient |
79 | Section 59 | consumer’s (wherever occurring) | healthcare recipient’s |
80 | Subsection 60(1) | consumer’s | healthcare recipient’s |
81 | Subsection 61(1) | consumer’s | healthcare recipient’s |
82 | Subsection 61(1) | consumer (wherever occurring) | healthcare recipient |
83 | Subsection 61(2) | ||
consumer‑only notes | healthcare recipient‑only notes | ||
84 | Section 62 | consumer’s (wherever occurring) | healthcare recipient’s |
85 | Paragraph 62(b) | consumer (wherever occurring) | healthcare recipient |
86 | Section 63 | consumer’s | healthcare recipient’s |
87 | Paragraph 63(a) | consumer | healthcare recipient |
88 | Subsections 64(1) and (2) | consumer’s (wherever occurring) | healthcare recipient’s |
89 | Subsection 64(3) | consumer‑only notes | healthcare recipient only‑notes |
90 | Subsection 65(1) | consumer’s | healthcare recipient’s |
91 | Subsection 65(2) | consumer‑only notes | healthcare recipient‑only notes |
92 | Section 66 (heading) | ||
93 | Subsection 66(1) | consumer’s | healthcare recipient’s |
94 | Subsection 66(1) | consumer | healthcare recipient |
95 | Subsection 66(2) | consumer’s | healthcare recipient’s |
96 | Subsection 66(2) | consumer | healthcare recipient |
97 | Section 67 (heading) | ||
98 | Section 67 | consumer (wherever occurring) | healthcare recipient |
99 | Section 67 (note) | consumer’s | healthcare recipient’s |
100 | Subsection 68(1) | consumer’s | healthcare recipient’s |
101 | Subsection 68(2) | consumer‑only notes | healthcare recipient‑only notes |
102 | Subsections 69(1) and (2) | consumer’s | healthcare recipient’s |
103 | Subsection 69(3) | consumer | healthcare recipient |
104 | Subsection 69(3) | consumer’s | healthcare recipient’s |
105 | Subsection 69(4) | consumer’s | healthcare recipient’s |
106 | Subsection 69(4) | consumer | healthcare recipient |
107 | Subsection 69(5) | consumer‑only notes | healthcare recipient‑only notes |
108 | Subsections 70(1) and (3) | consumer’s | healthcare recipient’s |
109 | Subsection 70(5) | consumer‑only notes | healthcare recipient‑only notes |
110 | Section 71 | consumer’s (wherever occurring) | healthcare recipient’s |
111 | Subsection 73(1) | consumer’s | healthcare recipient’s |
112 | Paragraphs 73(1)(a) and (3)(a) | consumer | healthcare recipient |
113 | Paragraph 73B(1)(b) | consumer | healthcare recipient |
114 | Paragraph 74(1)(a) | consumer’s | healthcare recipient’s |
115 | Subparagraphs 77(2)(a) (i) and (b)(i) | consumer | healthcare recipient |
116 | Subsection 97(1) | consumer (wherever occurring) | healthcare recipient |
117 | Paragraph 105(6)(h) | consumer | healthcare recipient |
118 | Subsection 105(7) | consumer (wherever occurring) | healthcare recipient |
119 | Paragraph 109(3)(d) | consumers | healthcare recipients |
120 | Subsection 109(5) | consumers | healthcare recipients |
121 | Subsection 109(5) | consumer | healthcare recipient |
122 | Paragraph 109(6)(b) | consumer’s | healthcare recipient’s |
123 | Paragraphs 109(7)(a) and (b) | consumer (wherever occurring) | healthcare recipient |
Omit “
Legislative Instruments Act 2003 ”, substitute “Legislation Act 2003 ”.
Omit “or the
Healthcare Identifiers Act 2010 ”, substitute “or instruments made under this Act”.
After “this Act”, insert “or an instrument under which the power exists”.
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(157/15) |
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