Healthcare Identifiers Act 2010
No. 72, 2010
Compilation No. 21
Compilation date: 5 December 2025
Includes amendments: Act No. 73, 2025
About this compilation
This compilation
This is a compilation of the Healthcare Identifiers Act 2010 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Purpose of this Act
3A Simplified outline of this Act
4 Act to bind the Crown
4A External Territories
5 Definitions
6 Identity of service operator
6A Identity of Healthcare Provider Directory Operator
7 Meaning of identifying information
7A Meaning of health administration
7B Minister may determine health administration entities
8 Meaning of national registration authority
Part 2—Assigning healthcare identifiers
9AA Simplified outline of this Part
9 Assigning healthcare identifiers
9A Classes of healthcare provider that may be assigned a healthcare identifier by the service operator—individual healthcare providers and healthcare provider organisations
9BA Classes of healthcare provider that may be assigned a healthcare identifier by the service operator—healthcare support service providers
9B Information that may be requested before assigning healthcare identifiers
9CA Professional bodies may facilitate the assignment of healthcare identifiers for individual healthcare providers
9C Review of decision not to assign a healthcare identifier
10 Service operator must keep record of healthcare identifiers etc.
Part 3—Collection, use and disclosure of healthcare identifiers, identifying information and other information
Division 1—Simplified outline of this Part
11 Simplified outline of this Part
Division
Overview
The Healthcare Identifiers Act 2010 was enacted to address the gap in the safe and accurate exchange of healthcare information in Australia. It was introduced to enable the assignment of unique identifiers to healthcare providers and recipients, and to authorize the collection, use, and disclosure of healthcare identifiers and identifying information by trusted entities. The Act also aims to provide a comprehensive Healthcare Provider Directory for facilitating communication between healthcare providers and managing information about healthcare and support services. Additionally, it provides for the creation of data standards about health information and other clinical data. The Act was enacted by the Parliament of Australia and the policy objective was to enhance the efficiency and effectiveness of healthcare delivery through the secure and standardized exchange of healthcare information.
Scope and Application
The Healthcare Identifiers Act 2010 is a Commonwealth Act that applies across Australia, including its territories. This Act aims to facilitate the safe and accurate exchange of healthcare information by assigning unique identifiers to healthcare providers and recipients, authorising the collection, use, and disclosure of these identifiers by trusted entities for health and health administration purposes, and establishing a comprehensive Healthcare Provider Directory. The Act also mandates the creation of data standards for health information and clinical data. The Act applies to individuals, entities, and various healthcare-related sectors, including healthcare providers, recipients, and support services. The Act binds the Crown in right of the Commonwealth, states, Australian Capital Territory, and Northern Territory, but does not make the Crown liable to prosecution for offences. The Act extends to external territories and allows for certain exclusions and exemptions through declarations by the Minister. Subordinate instruments, such as regulations, may further extend or restrict the application of the Act, as detailed in the relevant sections.
Key Provisions
- The Healthcare Identifiers Act 2010 establishes a framework for the assignment, collection, use, and disclosure of healthcare identifiers and related information, aimed at enhancing the safe and accurate exchange of healthcare information. The Act mandates the assignment of unique identifiers to healthcare providers and recipients, authorises the collection, use, and disclosure of healthcare identifiers by authorised entities for health, health-related, and health administration purposes, and facilitates the creation of a Healthcare Provider Directory to manage healthcare information. Additionally, it mandates the creation of data standards for health information and clinical data.
- Key provisions of the Act include the assignment of healthcare identifiers by the service operator, which can be the Chief Executive Medicare or a body prescribed by regulations. Identifiers are assigned to healthcare recipients, individual healthcare providers, healthcare provider organisations, and healthcare support service providers, subject to specific criteria. The Act details the types of information that may be requested before assigning identifiers and specifies the roles of professional bodies in facilitating the assignment process. It also provides for the review of decisions not to assign identifiers and mandates the service operator to maintain records of assigned identifiers.
- The Act authorises the collection, use, and disclosure of healthcare identifiers and related information by specified entities for various purposes, including the provision of healthcare, health administration, and the operation of the My Health Record system. It also imposes strict rules on the unauthorised use and disclosure of healthcare identifiers, with criminal and civil penalties for breaches. Furthermore, the Act outlines the obligations of entities to protect healthcare identifiers from misuse, loss, and unauthorised access, modification, or disclosure.
- The Act interacts with the Privacy Act 1988, ensuring that authorised collection, use, and disclosure of healthcare identifiers do not interfere with individual privacy. It also provides for the creation of data standards by the Secretary, which must be published on the internet and may be subject to regulatory requirements.
- Enforcement mechanisms under the Act include civil penalty provisions, enforceable undertakings, and injunctions, all of which are governed by the Regulatory Powers Act. The Act also establishes an oversight role for the Ministerial Council, which must be consulted on directions to the service operator, the making of regulations, and the review of the Act's operation.
- Finally, the Act addresses constitutional matters, the concurrent operation of State and Territory laws, and the making of regulations to prescribe matters required or permitted by the Act. It also includes provisions for the delegation of functions and powers by the service operator and the Secretary.
- Area of Law
- Healthcare Law
- Data Protection & Privacy
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Commencement Provisions
- Civil Penalty Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Delegated & Subordinate Legislation
