My Health Records Act 2012

In force

Administered by

Department of Health, Disability and Ageing

Superseded version

View latest version

View as made version

C2018C00509 C08

11 December 2018 - 09 December 2019

Table of contents

Part 1—Preliminary
Part 2—The System Operator and the functions of the Chief Executive Medicare
- Division 1—System Operator
- (iii) if, under subsection (3), the record is required to be destroyed because of the cancellation of registration of the healthcare recipient—when the System Operator is required to destroy the record under subsection (4). Destruction of records after cancellation on request (3) If the System Operator is required to cancel the registration of the healthcare recipient under subsection 51(1) (cancellation on request), the System Operator must destroy any record that includes health information that is included in the My Health Record of the healthcare recipient, other than the following information: (a) the name and healthcare identifier of the healthcare recipient; (b) the name and healthcare identifier of the person who requested the cancellation, if different from the healthcare recipient; (c) the day the cancellation decision takes effect under subsection 51(7). (4) The System Operator must comply with subsection (3): (a) as soon as practicable after the cancellation decision takes effect under subsection 51(7); or (b) if any of the following requirements apply before the records are destroyed under paragraph (a)—as soon as practicable after the conclusion of the matter to which the requirement relates: (i) a court order requires the System Operator not to destroy records of the healthcare recipient; (ii) the System Operator is required to disclose records of the healthcare recipient under section 69 or 69A; (iii) the System Operator is required to disclose records of the healthcare recipient under a law covered by subsection 65(3). (5) To avoid doubt, if the System Operator is required under subsection (3) to destroy a record that includes health information, the System Operator must also destroy the following: (a) any copy of the record; (b) any previous version of the record; (c) any back-up version of the record. Division 4—Functions of Chief Executive Medicare
  - 38 Registered repository operator
Part 3—Registration
Part 4—Collection, use and disclosure of health information included in a healthcare recipient’s My Health Record
Part 5—Other civil penalty provisions
Part 6—Enforcement
Part 8—Other matters
Schedule 1—My Health Records for all healthcare recipients

Federal Register of Legislation

Annual survey

My Health Records Act 2012

Annual survey

My Health Records Act 2012 Citation change

Legislation text

My Health Records Act 2012