EXPLANATORY STATEMENT

Personally Controlled Electronic Health Records Act 2012

Proclamation

Item 2 of the table in subsection 2(1) of the Personally Controlled Electronic Health Records Act 2012 (the Act) provides that sections 3 to 112 commence on a day or days to be fixed by Proclamation.  However, if any of the provisions do not commence by the later of 1 July 2012 and the day the Act receives the Royal Assent, they commence on the day after the later of those days.  The Act received the Royal Assent on 26 June 2012.

The purpose of the Proclamation is to fix 29 June 2012 as the day on which sections 3 to 112 commence.

The Act provides for the establishment and operation of a national personally controlled electronic health record (PCEHR) system which will provide access to health information relating to consumers’ healthcare.  From 1 July 2012, it is anticipated that consumers will be able to apply to register for a PCEHR, if they choose to do so, and registered consumers will be able to control access to their PCEHR by healthcare provider organisations.

This Proclamation enables real data testing of the PCEHR system to be undertaken before the system goes live on 1 July 2012.  To date, all testing of the PCEHR system has been undertaken using test data which comprises fictitious demographic and healthcare identifier details.  Testing the system with data on real persons cannot occur until sections 3 to 112 of the Act commence.

The Department has consulted with agencies involved in developing and operating the PCEHR system, namely the Department of Human Services and the National Infrastructure Partner.

Sections 1 and 2 of the Act, which relate to the short title and commencement of the Act, commenced on the day the Act received the Royal Assent.

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. 

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