My Health Records (National Application) Commencement Instrument 2018

Overview

The My Health Records (National Application) Commencement Instrument 2018 was enacted to address the need for a unified, national approach to the implementation of the My Health Records Act 2012. This legislation was introduced to facilitate the commencement of Part 3 of the My Health Records (National Application) Rules 2017, which pertains to the national application of the My Health Records system across Australia. The instrument was signed by Greg Hunt, the Minister for Health, under the authority provided by the My Health Records (National Application) Rules 2017. The policy objective of this instrument is to ensure a consistent and coordinated rollout of the national electronic health record system, thereby improving the efficiency and quality of healthcare services delivered to Australians.

Scope and Application

The My Health Records (National Application) Commencement Instrument 2018 applies to the commencement of Part 3 of the My Health Records (National Application) Rules 2017. This Act applies to all entities and individuals involved in the handling and administration of health records in Australia, including healthcare providers, patients, and health information service providers. The legislation seeks to ensure a consistent national approach to the management of health records, establishing a framework that is applicable across the entire Commonwealth. Geographically, the Act's reach extends throughout Australia, ensuring a uniform application of health record management practices. The Act does not explicitly state exclusions, exemptions, or thresholds, but its application may be extended or restricted through subordinate instruments. These instruments provide the necessary flexibility to adapt the implementation of the Act to various contexts and requirements, ensuring comprehensive coverage while allowing for specific adjustments where necessary.

Key Provisions

The My Health Records (National Application) Commencement Instrument 2018 (F2018N00039) establishes the commencement date for Part 3 of the My Health Records (National Application) Rules 2017. According to section 1 of the Instrument, Part 3 of the Rules, which pertains to the operation of the national system for electronic health records, is to commence on 16 July 2018. This means that from this date, the provisions governing the operation of the national electronic health record system will come into effect. Under this legislation, healthcare providers, including hospitals, general practitioners, and specialists, are required to comply with the rules set out in Part 3 of the My Health Records (National Application) Rules 2017. These rules mandate the creation, maintenance, and secure access to electronic health records for patients. Healthcare providers must ensure that they are registered with the Australian Digital Health Agency and that they adhere to the rules regarding the creation, access, and security of health records. They are also required to provide patients with information about their My Health Record and obtain consent where necessary. Failure to comply with the provisions of Part 3 of the My Health Records (National Application) Rules 2017 can result in civil or criminal penalties. Section 14 of the My Health Records Act 2012 provides for the imposition of fines for breaches of the Act, with the maximum penalty being $1.1 million for corporations and $220,000 for individuals. Additionally, section 16 of the Act allows for criminal prosecutions for serious breaches, which may result in imprisonment for up to three years for individuals and six years for corporations. These penalties underscore the importance of strict compliance with the requirements set out in the legislation to ensure the secure and proper operation of the national electronic health record system. The Instrument also specifies the authority under which it was made. Section 2(1) of the My Health Records (National Application) Rules 2017 empowers the Minister for Health to make rules regarding the operation of the national electronic health record system. By fixing the commencement date for Part 3 of these Rules, the Minister exercises this authority to ensure that the system is implemented in a structured and timely manner. The choice of 16 July 2018 as the commencement date reflects a considered decision to allow sufficient time for healthcare providers to prepare for the changes and to ensure a smooth transition to the new electronic health record system.