Healthcare Identifiers Regulations 2020
made under the
Healthcare Identifiers Act 2010
Compilation No. 4
Compilation date: 5 May 2026
Includes amendments: F2026L00504
About this compilation
This compilation
This is a compilation of the Healthcare Identifiers Regulations 2020 that shows the text of the law as amended and in force on 5 May 2026 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Name
3 Authority
5 Definitions
5A Meaning of healthcare directory service
6 Application of this instrument to partnerships, trusts and unincorporated associations
7 National registration authorities
8 Identifying information
Part 2—Collection, use and disclosure of identifying information and healthcare identifiers
9 Authorisation of collection, use and disclosure—healthcare provider assisting a healthcare recipient to register for a My Health Record
9A Authorisation of collection, use and disclosure—facilitating healthcare recipient to self‑register for an active script list
10A Collection, use and disclosure—healthcare provider and healthcare recipient information in relation to health facilitation program
10B Adopting the healthcare identifier of a healthcare provider or healthcare recipient—health facilitation program
10C Collection, use and disclosure—assigning a healthcare identifier to a healthcare provider
10D Collection, use and disclosure—establishing and maintaining a record of healthcare identifiers for healthcare providers
10E Collection, use and disclosure—healthcare provider information in relation to healthcare directory services
10F Collection, use and disclosure—health care provider information in relation to Clinical Learning Australia
Part 3—Requests by healthcare provider organisations and healthcare support service providers to access healthcare identifiers
11 Details of responsible officer and organisation maintenance officer
12 Identity of individual making request
Part 4—Application, saving and transitional provisions
Division 1—Application, saving and transitional provisions in relation to the commencement of this instrument
13 Definitions
14 Things done under the old regulations
16 Continued operation of certain provisions not affected
Division 2—Application of the Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025
17 Application of the Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025
Division 3—Application of the Aged Care Legislation Consequential Amendments Regulations 2025
18 Use and disclosure of healthcare identifier of a healthcare provider disclosed before commencement
19 Use and disclosure of healthcare identifier of a healthcare provider or healthcare recipient
20 Requests for disclosure of healthcare identifiers
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 1—Preliminary
1 Name
This instrument is the Healthcare Identifiers Regulations 2020.
3 Authority
This instrument is made under the Healthcare Identifiers Act 2010.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) healthcare provider organisation;
(b) individual healthcare provider;
(c) organisation maintenance officer;
(d) responsible officer.
In this instrument:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACN has the same meaning as in the Corporations Act 2001.
Act means the Healthcare Identifiers Act 2010.
active script list means a prescription management system for healthcare recipients.
active script list registry means a system that provides services for, and provides for the management of, active script lists for healthcare recipients, including (but not limited to) the following:
(a) facilitating a healthcare recipient to register for an active script list;
(b) storing information submitted by a healthcare recipient, using a mobile or web application, during the registration process;
(c) adding prescriptions, dispensing records and notifications to the active script list of a healthcare recipient;
(d) enabling viewing of a healthcare recipient’s active prescriptions and tokens so they can be used to dispense electronic prescriptions for the healthcare recipient;
(e) allowing mobile application vendors to provide mobile prescription applications.
active script list registry operator means an entity that operates an active script list registry.
Clinical Learning Australia means the system operated by the Australian Digital Health Agency for recording and managing information relating to the development, training and assessment of individual healthcare providers.
electronic prescription has the same meaning as in the National Health (Pharmaceutical Benefits) Regulations 2017.
evidence of identity process means:
(a) in relation to a healthcare provider organisation—the process to confirm the identity of the healthcare provider organisation’s responsible officer and organisation maintenance officer undertaken by:
(i) if the responsible officer or organisation maintenance officer is an individual healthcare provider who is registered by a registration authority as a member of a health profession—the Australian Health Practitioner Regulation Agency established by the National Law; or
(ii) in any other case—the service operator; or
(b) in relation to a healthcare support service provider—the process to confirm the identity of the healthcare support service provider’s responsible officer, and organisation maintenance officer (if any), undertaken by one or more of the following:
(i) the Aged Care Department;
(ii) the National Disability Insurance Agency;
(iii) the service operator;
(iv) an entity prescribed for the purposes of column 1 of item 6 of the table in section 21 of the Act.
healthcare directory service has the meaning given by section 5A.
health facilitation program means a program that is operated or funded by one or more government bodies and that facilitates the provision of adequate and appropriate healthcare to healthcare recipients, or a class of healthcare recipients.
mobile intermediary service means a service that provides connection services for mobile prescription applications for the purpose of facilitating electronic prescriptions.
mobile prescription application means an application that enables a healthcare recipient to do either or both of the following:
(a) to manage the healthcare recipient’s prescriptions using a mobile phone or other personal electronic device;
(b) to view, and manage access to, the healthcare recipient’s active script list.
mobile prescription application service provider means an entity that operates and/or provides a mobile prescription application.
My Health Records Act means the My Health Records Act 2012.
National Law has the same meaning as in the My Health Records Act.
operator of a health facilitation program means the body, or any of the bodies, that operates the program.
System Operator has the same meaning as in the My Health Records Act.
token means a piece of information used to identify and access an electronic prescription or repeat authorisation.
verification service means a service (whether operated electronically or otherwise) that allows an entity to compare information relating to the identity of an entity with a government record.
5A Meaning of healthcare directory service
(1) In this instrument, a healthcare directory service is a service that is operated or funded by one or more government bodies and that facilitates healthcare recipients or healthcare providers (or both) finding information about the healthcare available for provision to healthcare recipients.
(2) Subsection (1) applies whether the service makes information available directly to healthcare recipients or healthcare providers, or supplies information to another service that then makes information available to healthcare recipients or healthcare providers.
Example: A service that collects information from healthcare providers about the healthcare that they provide, and then distributes that information to several healthcare directory services that make the information available to members of the public, is itself a healthcare directory service.
(3) The information about the provision of healthcare that a healthcare directory service may make available includes but is not limited to the following:
(a) information about the location and opening hours of healthcare providers’ places of business;
(b) the contact details of healthcare providers, whether for public contact or for secure communication;
(c) the types of services provided by healthcare providers;
(d) the training, accreditation and qualifications of healthcare providers, including specialisations;
(e) assistance relevant to particular classes of healthcare recipients (for example, whether a healthcare provider has wheelchair‑accessible premises or whether an individual healthcare provider speaks a language other than English).
6 Application of this instrument to partnerships, trusts and unincorporated associations
To avoid doubt, sections 36B, 36C and 36D of the Act apply to this instrument, and obligations, offences and civil penalty provisions in this instrument, in the same way as they apply to the Act, and obligations, offences and civil penalty provisions in the Act.
7 National registration authorities
For the purposes of section 8 of the Act, each of the following registration authorities is a national registration authority:
(a) a National Health Practitioner Board established by the National Law;
(b) if it is authorised under the National Law to assign healthcare identifiers to healthcare providers—the Australian Health Practitioner Regulation Agency established by the National Law.
8 Identifying information
Identifying information—individual healthcare provider
(1) For the purposes of paragraph 7(1)(g) of the Act, the following information is identifying information of an individual healthcare provider:
(a) whether the healthcare provider is registered with a registration authority and the status of that registration (such as conditional, suspended, cancelled or lapsed);
(b) whether the healthcare provider is represented by a professional body of a kind described in paragraph 9A(1)(b) of the Act and the status (such as conditional, suspended, cancelled or lapsed) of the credentials that are:
(i) provided through the professional body to the healthcare provider; and
(ii) required to practice the healthcare provider’s healthcare profession;
(c) whether the healthcare provider is, or is likely to be, deceased;
(d) whether the death of the healthcare provider has been verified;
(e) whether the healthcare provider is linked to a healthcare provider organisation and, if so, the name of the organisation and the ABN or ACN of the organisation (whichever is applicable);
(f) the gender identity of the healthcare provider.
Identifying information—healthcare provider organisation
(2) For the purposes of paragraph 7(2)(e) of the Act, the following information is identifying information of a healthcare provider organisation:
(a) whether the organisation is registered under Division 2 of Part 3 of the My Health Records Act;
(b) whether the organisation has notified the service operator that the organisation does not wish to use a healthcare identifier, either temporarily or permanently;
(c) if applicable, the organisation’s business name on the register established under section 22 of the Business Names Registration Act 2011;
Note: Also see paragraph 7(2)(a) of the Act which states that the name of the healthcare provider is also identifying information.
(d) the type of healthcare service the organisation provides to another healthcare provider or a healthcare recipient;
Note: Examples of the type of healthcare service an organisation provides include general practice services, public hospital services or diagnostic imaging services.
(e) the name, date of birth and date of death (if applicable) of the organisation’s responsible officer and organisation maintenance officer;
(f) the work address, email address, telephone number and fax number of the organisation’s responsible officer and organisation maintenance officer;
(g) the identifying number assigned to the organisation’s responsible officer and organisation maintenance officer by the service operator;
(h) whether an evidence of identity process has been undertaken for the organisation’s responsible officer and organisation maintenance officer;
(i) if an evidence of identity process is being undertaken for the organisation’s responsible officer and organisation maintenance officer—the name of the agency or service operator undertaking the process;
(j) if an evidence of identity process has been undertaken for the organisation’s responsible officer and organisation maintenance officer—the name of the agency or service operator that undertook the process, the outcome of the process and when the process was undertaken;
(k) the record that specifies the network address and technical requirements permitting electronic messages to be sent to the organisation;
(l) any other network organisation or seed organisation (within the meaning of section 9A of the Act) that the healthcare provider organisation is linked to in a network;
(m) whether any individual healthcare providers are linked to the organisation and, if so, the names and other identifying information of those individual healthcare providers.
Note: Other identifying information may be required by the service operator from a healthcare provider—see section 7 of the Act.
Identifying information—healthcare support service providers
(2A) For the purposes of paragraph 7(2)(e) of the Act, the following information is identifying information of a healthcare support service provider:
(a) whether the provider has notified the service operator that the provider does not wish to use a healthcare identifier, either temporarily or permanently;
(b) if applicable, the provider’s business name on the register established under section 22 of the Business Names Registration Act 2011;
(c) the type of healthcare or support service the provider provides to a healthcare recipient;
(d) the name, date of birth and date of death (if applicable) of the provider’s responsible officer and organisation maintenance officer (if any);
(e) the work address, email address, telephone number and fax number of the provider’s responsible officer and organisation maintenance officer (if any);
(f) the identifying number assigned to the provider’s responsible officer and organisation maintenance officer (if any) by the service operator;
(g) whether an evidence of identity process has been undertaken for the provider’s responsible officer and organisation maintenance officer (if any);
(h) if an evidence of identity process is being undertaken for the provider’s responsible officer and organisation maintenance officer (if any)—the name of the entity or service operator undertaking the process;
(i) if an evidence of identity process has been undertaken for the provider’s responsible officer and organisation maintenance officer (if any)—the name of the entity or service operator that undertook the process, the outcome of the process and when the process was undertaken;
(j) the record that specifies the network address and technical requirements permitting electronic messages to be sent to the provider.
Note 1: Also see paragraph 7(2)(a) of the Act which states that the name of the healthcare provider is also identifying information.
Note 2: The following are examples of the type of support service a provider can provide:
(a) a funded aged care service through the service group home support;
(b) a service provided by a registered NDIS provider, such as behavioural intervention supports.
Note 3: Other identifying information may be required by the service operator from a healthcare provider—see section 7 of the Act.
Identifying information—healthcare recipient
(3) For the purposes of paragraph 7(3)(i) of the Act, the following information is identifying information of a healthcare recipient:
(a) the telephone number of the healthcare recipient;
(b) the electronic address of the healthcare recipient;
(c) whether the identity of the healthcare recipient has been verified;
(d) whether a healthcare identifier assigned to the healthcare recipient has been assigned provisionally (for example, because it has not been possible to verify the identity of the healthcare recipient);
(e) if information relating to the identity of the healthcare recipient has been, or is to be, verified using a particular form of identification document (such as a driver’s licence or passport), details of that document, including:
(i) the document number; and
(ii) the State or Territory in which the document was issued; and
(iii) the name of the entity that issued the document;
(f) if information relating to the identity of the healthcare recipient has been, or is to be, verified by using a verification service, the response of that service to any verification inquiry in relation to the healthcare recipient;
(g) whether the healthcare recipient is, or is likely to be, deceased;
(h) whether the death of the healthcare recipient has been verified;
(i) whether the healthcare recipient is a registered healthcare recipient for the purposes of the My Health Records Act;
(j) whether the healthcare recipient is an authorised representative, or nominated representative, of another healthcare recipient, and the identity of the other healthcare recipient;
(k) whether the healthcare recipient, or an authorised representative or nominated representative of the healthcare recipient, has made an election under clause 5 of Schedule 1 to the My Health Records Act that the healthcare recipient not be registered under that Act;
(l) the name of the healthcare recipient’s birth mother;
(m) the date of birth of the healthcare recipient’s birth mother;
(n) the healthcare identifier assigned to the healthcare recipient’s birth mother.
Part 2—Collection, use and disclosure of identifying information and healthcare identifiers
9 Authorisation of collection, use and disclosure—healthcare provider assisting a healthcare recipient to register for a My Health Record
(1) This section is made for the purposes of subsection 20(1) of the Act.
(2) For the purposes of registering a healthcare recipient in the My Health Record system, a healthcare provider is authorised to do the following:
(a) collect, from the healthcare recipient, the identifying information or healthcare identifier of the healthcare recipient;
(b) use the identifying information or healthcare identifier of the healthcare recipient;
(c) disclose, to the System Operator, the identifying information or healthcare identifier of the healthcare recipient.
9A Authorisation of collection, use and disclosure—facilitating healthcare recipient to self‑register for an active script list
(1) This section is made for the purposes of subsection 20(1) of the Act.
Authorisation of service operator
(2) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, the service operator is authorised to do the following:
(a) collect, from an active script list registry operator, the identifying information or healthcare identifier of the healthcare recipient;
(b) use the identifying information or healthcare identifier to verify whether the healthcare recipient has a healthcare identifier;
(c) disclose the healthcare recipient’s healthcare identifier to the active script list registry operator.
Authorisation of active script list registry operators
(3) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, an active script list registry operator is authorised to:
(a) collect the healthcare recipient’s healthcare identifier from the service operator; and
(b) use the healthcare recipient’s healthcare identifier to register the healthcare recipient for an active script list.
(4) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, an active script list registry operator is authorised to:
(a) collect, from the healthcare recipient, the healthcare recipient’s identifying information or healthcare identifier using a mobile prescription application via a mobile intermediary service or a web application; and
(b) disclose the identifying information or healthcare identifier to the service operator to verify the healthcare recipient’s healthcare identifier.
Authorisation of mobile prescription application service providers
(5) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, a mobile prescription application service provider is authorised to do the following:
(a) collect, from the healthcare recipient, the identifying information or healthcare identifier of the healthcare recipient;
(b) use the identifying information or healthcare identifier of the healthcare recipient to facilitate the registration of the healthcare recipient for an active script list;
(c) disclose the identifying information or healthcare identifier of the healthcare recipient to a mobile intermediary service operator to facilitate the registration of the healthcare recipient for an active script list.
Authorisation of mobile intermediary service operators
(6) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, a mobile intermediary service operator is authorised to do the following:
(a) collect, from a mobile prescription application, the identifying information or healthcare identifier of the healthcare recipient;
(b) use the identifying information or healthcare identifier of the healthcare recipient to facilitate the registration of the healthcare recipient for an active script list;
(c) disclose the identifying information or healthcare identifier of the healthcare recipient to an active script list registry operator to facilitate the registration of the healthcare recipient for an active script list.
10A Collection, use and disclosure—healthcare provider and healthcare recipient information in relation to health facilitation program
(1) This section is made for the purposes of subsections 20(1) and 25D(1) of the Act.
(2) An entity mentioned in column 1 of an item in 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.
Collection, use and disclosure of healthcare provider and healthcare recipient information in relation to health facilitation program | ||||
Item | Column 1 | Column 2 | Column 3 | Column 4 |
1 | healthcare provider | use disclose to an operator of a health facilitation program or the service operator | healthcare identifier of the healthcare provider healthcare identifier of a healthcare recipient identifying information of a healthcare recipient
| the use or disclosure is for the purpose of: (a) determining the healthcare provider’s eligibility to participate in a health facilitation program; or (b) registering the provider or the healthcare recipient to participate in a health facilitation program; or (c) the provider or the healthcare recipient participating in a health facilitation program; or (d) if the provider has provided healthcare to healthcare recipients through a healthcare facilitation program—supporting continuity of healthcare to the healthcare recipients |
2 | healthcare provider | collect use | healthcare identifier of another healthcare provider | the collection or use is for the purpose of: (a) supporting the other provider’s participation in a health facilitation program; or (b) if the healthcare provider has provided healthcare to healthcare recipients through a healthcare facilitation program—supporting continuity of healthcare to the healthcare recipients |
3 | operator of a health facilitation program | collect from a healthcare provider use disclose to another healthcare provider or the service operator | healthcare identifier of a healthcare provider identifying information of a healthcare provider healthcare identifier of a healthcare recipient identifying information of a healthcare recipient | the collection, use or disclosure is for the purpose of: (a) determining the healthcare provider’s eligibility to participate in the health facilitation program; or (b) registering the provider or the healthcare recipient to participate in the program; or (c) managing the provider’s or the healthcare recipient’s participation in the program; or (d) supporting the other provider’s participation in the program; or (e) if the provider has provided healthcare to healthcare recipients through the program—supporting continuity of healthcare to the healthcare recipients |
4 | service operator | collect from a healthcare provider or operator of a health facilitation program use disclose to an operator of a health facilitation program | healthcare identifier of the healthcare provider identifying information of the healthcare provider | the collection, use or disclosure is for the purpose of determining the healthcare provider’s eligibility to participate in the health facilitation program |
5 | service operator | collect from a healthcare provider or operator of a health facilitation program use disclose to an operator of a health facilitation program | healthcare identifier of a healthcare recipient identifying information of a healthcare recipient | the collection, use or disclosure is for the purpose of: (a) registering the healthcare recipient to participate in the health facilitation program; or (b) managing the healthcare recipient’s participation in the program
|
6 | operator of a health facilitation program | collect from service operator use | healthcare identifier of a healthcare provider identifying information of a healthcare provider | the collection or use is for the purpose of determining the healthcare provider’s eligibility to participate in the health facilitation program |
7 | operator of a health facilitation program | use disclose | healthcare identifier of a healthcare provider healthcare identifier of a healthcare recipient identifying information of a healthcare recipient | the use or disclosure is for the purpose of evaluation, analysis or reporting relating to whether the program is supporting the delivery of adequate and appropriate healthcare to healthcare recipients, or a class of healthcare recipients |
8 | entity to whom healthcare identifier of a healthcare provider, or healthcare identifier of a healthcare recipient, is disclosed for a purpose mentioned in column 4 of item 7 | collect use disclose | healthcare identifier of a healthcare provider healthcare identifier of a healthcare recipient identifying information of a healthcare recipient | the collection, use or disclosure is for the purpose of evaluation, analysis or reporting relating to whether a health facilitation program is supporting the delivery of adequate and appropriate healthcare to healthcare recipients, or a class of healthcare recipients |
10B Adopting the healthcare identifier of a healthcare provider or healthcare recipient—health facilitation program
(1) This section is made for the purposes of subsections 20(2) and 25D(2) of the Act.
(2) An operator of a health facilitation program may adopt the healthcare identifier of a healthcare provider for use as the operator’s own identifier for the purposes of the health facilitation program.
(3) An operator of a health facilitation program may adopt the healthcare identifier of a healthcare recipient for use as the operator’s own identifier for the purposes of the health facilitation program.
10C Collection, use and disclosure—assigning a healthcare identifier to a healthcare provider
For the purposes of items 6 and 7 in the table in section 21 of the Act, the following entities are prescribed:
(a) the Aged Care Quality and Safety Commission;
(b) the NDIS Quality and Safeguards Commission.
10D Collection, use and disclosure—establishing and maintaining a record of healthcare identifiers for healthcare providers
For the purposes of item 4 in the table in section 22 of the Act, the following entities are prescribed:
(a) the Aged Care Quality and Safety Commission;
(b) the NDIS Quality and Safeguards Commission.
10E Collection, use and disclosure—healthcare provider information in relation to healthcare directory services
(1) This section is made for the purposes of subsection 25D(1) of the Act.
(2) Subject to subsection (3), an entity mentioned in column 1 of an item in 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.
Collection, use and disclosure of healthcare provider information in relation to healthcare directory services | ||||
Item | Column 1 | Column 2 | Column 3 | Column 4 |
1 | operator of a healthcare directory service | collect use disclose | healthcare identifier of a healthcare provider identifying information of a healthcare provider | the collection, use or disclosure is for the purpose of including information in a database about the healthcare available for provision to healthcare recipients |
2 | operator of a healthcare directory service | collect use disclose | healthcare identifier of a healthcare provider identifying information of a healthcare provider | the collection, use or disclosure is for the purpose of ensuring that information held by the operator is accurate, up‑to‑date and complete |
3 | any entity that has access to the healthcare identifier or identifying information of a healthcare provider | disclose to the operator of a healthcare directory service | healthcare identifier of a healthcare provider identifying information of a healthcare provider | the disclosure is for the purpose of: (a) including information in a database about the healthcare available for provision to healthcare recipients; or (b) ensuring that information held by the operator is accurate, up‑to‑date and complete |
4 | operator of a healthcare directory service | disclose | healthcare identifier of a healthcare provider identifying information of a healthcare provider | the disclosure is for the purpose of facilitating the provision of adequate and appropriate health care to healthcare recipients, or a class of healthcare recipients |
5 | operator of a healthcare directory service | collect from the service operator | healthcare identifier of a healthcare provider | the collection is for the purpose of enabling the healthcare provider’s identity to be authenticated |
(3) An authorisation under subsection (2) only applies if the healthcare provider to whom the healthcare identifier or identifying information relates has given consent for information relating to the provider’s provision of healthcare to be made available through healthcare directory services.
10F Collection, use and disclosure—health care provider information in relation to Clinical Learning Australia
(1) This section is made for the purposes of subsection 25D(1) of the Act.
(2) The operator of Clinical Learning Australia 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 Clinical Learning Australia.
(3) If the operator of Clinical Learning Australia is authorised to collect the identifying information or healthcare identifier of a healthcare provider under subsection (2) for a purpose, the service operator or another entity is authorised to disclose the identifying information or healthcare identifier to the operator of Clinical Learning Australia for that purpose.
(4) If the operator of Clinical Leaning Australia is authorised to disclose the identifying information or healthcare identifier of a healthcare provider under subsection (2) for a purpose, the service operator or another entity is authorised to collect the identifying information or healthcare identifier from the operator of Clinical Learning Australia for that purpose.
Part 3—Requests by healthcare provider organisations and healthcare support service providers to access healthcare identifiers
11 Details of responsible officer and organisation maintenance officer
(1) This section is made for the purposes of subsections 20(4) and 25D(4) of the Act.
Healthcare provider organisations
(2) A healthcare provider organisation must not request the service operator to disclose a healthcare identifier to the organisation, unless:
(a) the identity of the organisation’s responsible officer and the identity of the organisation maintenance officer have been verified through an evidence of identity process; and
(b) information in relation to those officers of the kind mentioned in paragraphs 8(2)(e) to (j) of this instrument has been given to the service operator; and
(c) the information is accurate, up to date and complete.
(3) If:
(a) the service operator receives a request to disclose a healthcare identifier from a healthcare provider organisation; and
(b) the request was made in contravention of subsection (2);
the service operator must refuse to comply with the request.
Healthcare support service providers
(4) A healthcare support service provider must not request the service operator to disclose a healthcare identifier to the provider, unless:
(a) the identity of the organisation’s responsible officer and the identity of the organisation maintenance officer (if any) have been verified through an evidence of identity process; and
(b) information in relation to those officers of the kind mentioned in paragraphs 8(2A)(d) to (i) of this instrument has been given to the service operator; and
(c) the information is accurate, up to date and complete.
(5) If:
(a) the service operator receives a request to disclose a healthcare identifier from a healthcare support service provider; and
(b) the request was made in contravention of subsection (4);
the service operator must refuse to comply with the request.
12 Identity of individual making request
(1) This section is made for the purposes of subsections 20(4) and (5), and 25D(4) and (5), of the Act.
Information identifying individual making a request
(2) If a healthcare provider or health administration entity requests the service operator to disclose a healthcare identifier to the provider or entity, the provider or entity must, if it is reasonably practicable to do so, give the service operator enough information to ensure the service operator can identify, by name, the individual making the request on behalf of the provider or entity without having to seek further information.
Note: For example, the information may be given as part of the data transmitted to the service operator from a healthcare provider or health administration entity’s practice management software.
Keeping retrievable records
(3) If it is not reasonably practicable to give the service operator the information mentioned in subsection (2) at the time the request is made, the healthcare provider or health administration entity must:
(a) keep a record of the identity of the individual who accessed the healthcare identifier for the provider or entity from the service operator; and
(b) keep that record for the retrieval period for that individual; and
(c) if, during the retrieval period for that individual, the service operator gives the provider or entity written notice requiring the provider or entity to identify the individual—identify the individual to the service operator by the end of the period of 14 days starting on the day after the notice is given.
(4) Each of the following is a retrieval period for an individual:
(a) any period during which the individual is authorised by the healthcare provider or health administration entity to access healthcare identifiers on the provider or entity’s behalf;
(b) if the individual ceases to be authorised by the healthcare provider or health administration entity to access healthcare identifiers on the provider or entity’s behalf—the period of 7 years starting on the day after the person ceased to be authorised.
(5) A healthcare provider or health administration entity is liable to a civil penalty if the provider or entity contravenes subsection (2) or (3).
Civil penalty: 50 penalty units.
Part 4—Application, saving and transitional provisions
Division 1—Application, saving and transitional provisions in relation to the commencement of this instrument
13 Definitions
In this Division:
commencement day means the day this instrument commences.
old regulations means the Healthcare Identifiers Regulations 2010, as in force immediately before the commencement day.
14 Things done under the old regulations
(1) If:
(a) a thing was done for a particular purpose under the old regulations; and
(b) the thing could be done for that purpose under this instrument;
the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.
(2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, request or other instrument being given or made.
16 Continued operation of certain provisions not affected
(1) The repeal of the old regulations by this instrument does not affect the continuing operation of a provision of a version of the Healthcare Identifiers Regulations 2010 that was not in force immediately before the commencement day if, immediately before that day, the provision had continuing operation because of Schedule 1 to the old regulations.
(2) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).
Division 2—Application of the Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025
17 Application of the Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025
(1) Section 9A, as inserted by the Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025, applies in relation to the use and disclosure of information on or after the commencement of that instrument, regardless of whether the information was collected before, on or after that commencement.
(2) This section does not limit the application of section 9A.
Division 3—Application of the Aged Care Legislation Consequential Amendments Regulations 2025
18 Use and disclosure of healthcare identifier of a healthcare provider disclosed before commencement
(1) This section applies if a disclosure of the healthcare identifier of a healthcare provider is made to another entity under subsection 10(2) of this instrument, as in force before the commencement of this section.
(2) Despite the repeal of section 10 of this instrument by the Aged Care Legislation Consequential Amendments Regulations 2025, subsection (3) of that section continues to apply to the other entity, in relation to the healthcare identifier of the healthcare provider, as if that repeal had not happened.
19 Use and disclosure of healthcare identifier of a healthcare provider or healthcare recipient
(1) Section 10A, as amended by the Aged Care Legislation Consequential Amendments Regulations 2025, applies in relation to the use and disclosure of information on or after the commencement of that instrument, regardless of whether the information was collected before, on or after that commencement.
(2) This section does not limit the application of section 10A.
20 Requests for disclosure of healthcare identifiers
Section 12, as substituted by the Aged Care Legislation Consequential Amendments Regulations 2025, applies in relation to a request made on or after the commencement of that instrument.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
ed = editorial change | rep = repealed |
exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |
effect | s = section(s)/subsection(s) |
gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |
LA = Legislation Act 2003 | sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md) = misdescribed amendment can be given | SR = Statutory Rules |
effect | sub ch = Sub‑Chapter(s) |
(md not incorp) = misdescribed amendment | sub div = Subdivision(s) |
cannot be given effect | sub pt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Ord = Ordinance |
|
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Healthcare Identifiers Regulations 2020 | 27 Aug 2020 (F2020L01072) | 28 Aug 2020 (s 2(1) item 1) |
|
Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025 | 24 Mar 2025 (F2025L00406) | 25 Mar 2025 (s 2(1) item 1) | — |
Healthcare Identifiers Amendment (Health Facilitation Programs) Regulations 2025 | 29 May 2025 (F2025L00617) | 30 May 2025 (s 2(1) item 1) | — |
Aged Care Legislation Consequential Amendments Regulations 2025 | 9 Oct 2025 (F2025L01239) | sch 3 (items 1‑18): 1 Nov 2025 (s 2(1) item 1) | — |
Healthcare Identifiers Amendment (Directories and Other Matters) Regulations 2026 | 4 May 2026 (F2026L00504) | 5 May 2026 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LA s 48D |
s 4..................... | rep LA s 48C |
s 5..................... | am F2025L00406; F2025L00617; F2025L01239; F2026L00504 |
s 5A.................... | ad F2026L00504 |
s 8..................... | am F2025L01239; F2026L00504 |
Part 2 |
|
s 9A.................... | ad F2025L00406 |
s 10.................... | rep F2025L01239 |
s 10A................... | ad F2025L00617 |
| am F2025L01239 |
s 10B................... | ad F2025L00617 |
| am F2025L01239 |
s 10C................... | ad F2026L00504 |
s 10D................... | ad F2026L00504 |
s 10E................... | ad F2026L00504 |
s 10F................... | ad F2026L00504 |
Part 3 |
|
Part 3 heading............. | am F2025L01239 |
s 11.................... | am F2025L01239 |
s 12.................... | rs F2025L01239 |
Part 4 |
|
Division 1 |
|
s 15.................... | rep F2025L01239 |
Division 2 |
|
Division 2................ | ad F2025L00406 |
s 17.................... | ad F2025L00406 |
Division 3 |
|
Division 3................ | ad F2025L01239 |
s 18.................... | ad F2025L01239 |
s 19.................... | ad F2025L01239 |
s 20.................... | ad F2025L01239 |
Schedule 1................ | rep LA s 48C |