PCEHR (Assisted Registration) Amendment Rules 2013 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2013L00838 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by Authority of the Minister for Health

 

Personally Controlled Electronic Health Records Act 2012

 

PCEHR (Assisted Registration) Amendment Rules 2013 (No. 1)

 

 

The Personally Controlled Electronic Health Records Act 2012 (the Act) enables the establishment of the personally controlled electronic health record (PCEHR) system.  Section 109 of the Act provides that the Minister may make rules, known as PCEHR Rules, about matters that are required or permitted by the Act to be dealt with in the PCEHR Rules.

 

The PCEHR (Assisted Registration) Rules 2012 (Assisted Registration Rules) prescribe requirements for healthcare provider organisations that choose to assist consumers in applying for registration for a PCEHR, and ensure the security of this manner of registration. 

 

The Assisted Registration Rules form part of the collection of PCEHR Rules.

 

The purpose of the PCEHR (Assisted Registration) Amendment Rules 2013 (Amendment Rules) is to amend the Assisted Registration Rules to allow parents to apply to register newborns through assisted registration.

 

A consumer must have a verified Individual Healthcare Identifier (IHI) allocated by the Healthcare Identifiers Service Operator in order to register for a PCEHR.  Currently, a verified IHI is not allocated to a newborn until they are registered with Medicare and added to their parent’s Medicare card.  A process has now been developed which allows a verified IHI to be allocated to a newborn upon the assertion of identity from the relevant hospital.  This earlier allocation of a verified IHI enables newborns to be registered for a PCEHR shortly after birth.

 

The Assisted Registration Rules currently require that a consumer can only apply to register a child through assisted registration if they have parental responsibility for the child who is aged under 18 years and is listed on the same Medicare card as the consumer.  The Amendment Rules will allow a consumer to apply to register a child through assisted registration if they have parental responsibility for the child who is aged not more than 14 days and has a verified IHI.

 

Participation in assisted registration by both healthcare provider organisations and consumers is entirely voluntary.  If a healthcare provider organisation chooses to provide assisted registration, it must comply with the Assisted Registration Rules in addition to the PCEHR Rules that currently apply (PCEHR Rules 2012 and PCEHR (Participation Agreements) Rules 2012).

 

A healthcare provider organisation that chooses to provide assisted registration does not act on behalf of the System Operator.

 

The Assisted Registration Rules do not relate to the professional activities of healthcare providers.  Professional obligations and professional bodies exist for this purpose.  The Assisted Registration Rules only regulate matters necessary to support the making of an application for registration of identified consumers.

 

Detail of the Assisted Registration Rules is set out in the Attachment.

 

The Assisted Registration Rules commence on the day after registration on the Federal Register of Legislative Instruments.

 

The Assisted Registration Rules are a legislative instrument and are subject to the Legislative Instruments Act 2003.

 

Consultation

 

Section 109 of the Act requires that, before making PCEHR Rules, the Minister must consult the Jurisdictional Advisory Committee and Independent Advisory Council, although failure to consult these committees does not affect the validity of the PCEHR Rules. 

 

In February 2013 the Independent Advisory Council and the Jurisdictional Advisory Committee were consulted regarding the proposal to allow hospitals to trigger the allocation of an Individual Healthcare Identifier to newborns, and the modification of the assisted registration software for this purpose.

 

On 8 April 2013 the Independent Advisory Council and the Jurisdictional Advisory Committee were consulted on the proposed Amendment Rules.

 

 

ATTACHMENT

 

Details of the PCEHR (Assisted Registration) Amendment Rules 2013 (No. 1)

 

PART 1—PRELIMINARY

 

  1. Name of rules

Rule 1 provides that the title of the rules is PCEHR (Assisted Registration) Amendment Rules 2013 (No. 1).

 

2.      Commencement

Rule 2 provides that the Amendment Rules commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

3.      Amendment of PCEHR (Assisted Registration) Rules 2012

Rule 3 provides that Schedule 1 will make amendments to the Assisted Registration Rules.

 

SCHEDULE 1—AMENDMENTS

 

[1] Paragraph 3(2)(a)(ii)(A)

Subsection 3(2) defines assisted registration, specifying that registered healthcare provider organisations can submit identifying information to the System Operator on behalf of a consumer for the purpose of applying to register for a PCEHR in certain circumstances, and requiring the organisation to appropriately identify the consumer.

 

At present a consumer can only apply on behalf of a person aged under 18 years for whom they assert parental responsibility and who and listed on the same Medicare card as the consumer.  The requirement for co-location on a Medicare card demonstrates an existing relationship recognised by Medicare which, together with the assertion of parental responsibility, satisfies the System Operator that the consumer is an authorised representative under section 6 of the PCEHR Act.

 

Item 1 amends sub-subparagraph 3(2)(a)(ii)(A) so that a consumer may also apply on behalf of a person for whom they assert parental responsibility if that person is aged not more than 14 days.

 

This amendment enables a new parent to apply, through assisted registration, to register their newborn if a verified Individual Healthcare Identifier has been allocated to the newborn. 

 


STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Personally Controlled Electronic Health Records Act 2012 was enacted to establish the personally controlled electronic health record (PCEHR) system, enabling individuals to control and manage their own health records. This Act was introduced to address the need for a more coordinated and accessible system for managing health information in Australia. The Act empowers the Minister for Health to create rules, known as PCEHR Rules, to govern matters required or permitted by the Act to be dealt with in the PCEHR Rules. The PCEHR (Assisted Registration) Amendment Rules 2013 (No. 1) were subsequently introduced to amend the existing Assisted Registration Rules, allowing parents to register newborns for a PCEHR shortly after birth through assisted registration by healthcare provider organisations. These Amendment Rules aim to facilitate the early allocation of a verified Individual Healthcare Identifier to newborns, thereby enabling timely registration for a PCEHR. Participation in this assisted registration process remains voluntary for both healthcare provider organisations and consumers.

Scope and Application

The Personally Controlled Electronic Health Records Act 2012, as amended by the PCEHR (Assisted Registration) Amendment Rules 2013, establishes the framework for the personally controlled electronic health record system, and specifies the rules for assisted registration. This Act applies to healthcare provider organisations that choose to assist consumers in applying for registration for a PCEHR, ensuring that they comply with the security requirements set forth in the Act and its subordinate rules. The Act's application extends across the Commonwealth of Australia and is not limited to specific states or territories. Participation in assisted registration by both healthcare provider organisations and consumers is entirely voluntary. The amendment rules, which allow parents to apply to register newborns through assisted registration, form part of the collection of PCEHR Rules and commenced on the day after their registration on the Federal Register of Legislative Instruments. The Act does not regulate the professional activities of healthcare providers, as these are governed by professional obligations and professional bodies. The amendment rules are a legislative instrument and are subject to the Legislative Instruments Act 2003. The rules were developed following consultation with the Jurisdictional Advisory Committee and Independent Advisory Council.

Key Provisions

The Personally Controlled Electronic Health Records Act 2012 (PCEHR Act) establishes the framework for the personally controlled electronic health record (PCEHR) system in Australia, enabling the creation and management of digital health records under individual control (s 1). The PCEHR (Assisted Registration) Amendment Rules 2013 (Amendment Rules) introduce changes to the PCEHR (Assisted Registration) Rules 2012, expanding the scope of assisted registration to include newborns. Specifically, Rule 3(2)(a)(ii)(A) now allows a consumer to apply for assisted registration on behalf of a person aged not more than 14 days, provided they have parental responsibility and the newborn has a verified Individual Healthcare Identifier (IHI) (s 109). The Amendment Rules impose certain obligations on healthcare provider organisations that opt to provide assisted registration services. These organisations must comply with both the PCEHR Rules and the Amended Assisted Registration Rules, ensuring that the process adheres to the legislative requirements (s 109). Importantly, these rules do not interfere with the professional activities of healthcare providers, which are governed by separate professional bodies and obligations. Instead, they focus solely on the administrative aspects of the assisted registration process, ensuring it supports the application for registration of identified consumers. Failure to comply with the Amended Assisted Registration Rules may result in legal repercussions, although the explanatory statement does not explicitly detail specific penalties. However, under the general legislative framework, breaches of such rules could lead to civil or criminal penalties, depending on the severity and intent of the non-compliance. The exact penalties are typically outlined in other related legislation or regulations but are not specified in the Amendment Rules themselves. Participation in the assisted registration process by both healthcare providers and consumers remains voluntary, and no professional liability is assumed by the healthcare provider organisations acting in this capacity.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.