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Healthcare Identifiers Act 2010
In force
Administered by
Department of Health and Aged Care
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C2024C00281 (C18)
06 July 2024
-
13 October 2024
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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
7 Meaning of identifying information
8 Meaning of national registration authority
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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
9B Information that may be requested before assigning healthcare identifiers
9C Review of decision not to assign a healthcare identifier
10 Service operator must keep record of healthcare identifiers etc.
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Part 3—Collection, use and disclosure of healthcare identifiers, identifying information and other information
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Division 1—Simplified outline of this Part
11 Simplified outline of this Part
Division 2—Healthcare recipients
12 Collection, use and disclosure—assigning a healthcare identifier to a healthcare recipient
13 Collection, use and disclosure—establishing and maintaining a record of healthcare identifiers for healthcare recipients
14 Collection, use and disclosure—providing healthcare to a healthcare recipient
15 Collection, use and disclosure—My Health Record system
16 Collection, use and disclosure—aged care
17 Adopting the healthcare identifier of a healthcare recipient etc.
18 Disclosure of the healthcare identifier of a healthcare recipient to the healthcare recipient etc.
19 Other information relating to the healthcare identifier of a healthcare recipient may be disclosed by the service operator
20 Regulations relating to the healthcare identifier and identifying information of a healthcare recipient etc.
Division 3—Healthcare providers
21 Collection, use and disclosure—assigning a healthcare identifier to a healthcare provider
22 Collection, use and disclosure—establishing and maintaining a record of healthcare identifiers for healthcare providers
23 Collection, use and disclosure—providing healthcare
24 Collection, use and disclosure—My Health Record system
25 Collection, use and disclosure—enabling authentication in electronic communications
25A Collection, use and disclosure—sharing information with registration authorities
25B Adopting the healthcare identifier of a healthcare provider
25C Disclosure of the healthcare identifier of a healthcare provider to the healthcare provider
25D Regulations relating to the healthcare identifier and other information of a healthcare provider
25E Obligation to keep information accurate, up to date and complete
Division 4—Unauthorised use and disclosure of healthcare identifiers and other information obtained under this Act
26 Use and disclosure of healthcare identifiers and other information obtained under this Act
Division 5—Protection of healthcare identifiers
27 Protection of healthcare identifiers
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Part 4—Interaction with the Privacy Act 1988
28AA Simplified outline of this Part
28 Interaction with the Privacy Act 1988
29 Functions of Information Commissioner
30 Annual reports by Information Commissioner
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Part 5—Healthcare Provider Directory
31AA Simplified outline of this Part
31 Healthcare Provider Directory
31A Healthcare Provider Directory—sharing information with the My Health Record System Operator
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Part 5A—Enforcement
31B Simplified outline of this Part
31C Civil penalty provisions
31D Enforceable undertakings
31E Injunctions
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Part 6—Oversight role of Ministerial Council
31F Simplified outline of this Part
32 Directions to service operator
33 Consultation with Ministerial Council about regulations
34 Annual reports by service operator
35 Review of the operation of this Act
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Part 7—Miscellaneous
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Division 1—Simplified outline of this Part
36AA Simplified outline of this Part
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Division 2—Employees, contractors, partnerships, unincorporated associations and trusts
36 Extent of authorisation
36A Authorisation to disclose to employees and contracted service providers of a healthcare provider
36B Treatment of partnerships
36C Treatment of unincorporated associations
36D Treatment of trusts with multiple trustees
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Division 3—Delegations
36E Delegations by the service operator
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Division 4—Constitutional matters
37 Relationship to State and Territory laws
38 Severability—additional effect of Parts 3 and 4
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Division 5—Regulations
39 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
