Federal Register of Legislation - Australian Government

Primary content

Healthcare Identifiers Regulations 2010

Authoritative Version
SLI 2010 No. 190 Regulations as amended, taking into account amendments up to Healthcare Identifiers Amendment (PCEHR System Information) Regulation 2013
These Regulations set out provisions relating to the assignment, collection, use, adoption and disclosure of healthcare identifiers.
Administered by: Health
Registered 29 Aug 2013
Start Date 30 Jun 2013
End Date 14 Dec 2015
Date of repeal 28 Aug 2020
Repealed by Healthcare Identifiers Regulations 2020
Table of contents.

Commonwealth Coat of Arms

Healthcare Identifiers Regulations 2010

Select Legislative Instrument No. 190, 2010 as amended

made under the

Healthcare Identifiers Act 2010

Compilation start date:                     30 June 2013

Includes amendments up to:            SLI No. 142, 2013

 

About this compilation

This compilation

This is a compilation of the Healthcare Identifiers Regulations 2010 as in force on 30 June 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 27 August 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of Regulations........................................................................... 1

2............ Commencement................................................................................... 1

3............ Definitions.......................................................................................... 1

4............ National registration authorities........................................................... 2

5............ Identifying information....................................................................... 2

6............ Updating healthcare provider information held by service operator.... 4

7............ Rules about requesting disclosure of healthcare identifiers from the service operator              5

8............ Maintaining records about healthcare identifiers disclosed by service operator        7

12.......... Limit on collection, use and disclosure of information........................ 9

13.......... Authorisation of collection, use and disclosure related to PCEHR system—registration of healthcare recipient      9

14.......... Authorisation of collection, use and disclosure related to PCEHR system—healthcare providers           9

15.......... Authorisation of collection, use and disclosure related to PCEHR system—healthcare recipient who has applied to be an authorised representative................................................................... 10

Endnotes                                                                                                                                    11

Endnote 1—About the endnotes                                                                            11

Endnote 2—Abbreviation key                                                                                13

Endnote 3—Legislation history                                                                             14

Endnote 4—Amendment history                                                                           15

Endnote 5—Uncommenced amendments [none]                                          16

Endnote 6—Modifications [none]                                                                         16

Endnote 7—Misdescribed amendments [none]                                             16

Endnote 8—Miscellaneous [none]                                                                        16

 


 

 

1  Name of Regulations

                   These Regulations are the Healthcare Identifiers Regulations 2010.

2  Commencement

                   These Regulations commence on 1 July 2010.

3  Definitions

                   In these Regulations:

Act means the Healthcare Identifiers Act 2010.

evidence of identity process means the process to confirm the identity of a healthcare provider organisation’s responsible officer and organisation maintenance officer undertaken by:

                     (a)  if the responsible officer or organisation maintenance officer is an individual healthcare provider who is registered by a registration authority as a member of a health profession—the Australian Health Practitioner Regulation Agency; or

                     (b)  in any other case—the service operator.

National Law means:

                     (a)  for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld) as it applies (with or without modification) as law of the State or Territory; or

                     (b)  for Western Australia—the legislation enacted by the Health Practitioner Regulation National Law (WA) Act 2010 that corresponds to the Health Practitioner Regulation National Law.

Note:          The Intergovernmental Agreement for a National Registration and Accreditation Scheme for the Health Professions that was made on 26 March 2008 provides for the enactment of the State and Territory legislation mentioned in this definition.

PCEHR Act means the Personally Controlled Electronic Health Records Act 2012.

Note:          For the definitions of the following terms, see section 5 of the Act:

·      individual healthcare provider

·      network organisation

·      organisation maintenance officer

·      PCEHR System Operator

·      responsible officer

·      seed organisation

·      service operator.

4  National registration authorities

                   For section 8 of the Act, each of the following registration authorities is a national registration authority:

                     (a)  a National Health Practitioner Board established by the National Law;

                     (b)  if it is authorised under the National Law to assign healthcare identifiers to healthcare providers—the Australian Health Practitioner Regulation Agency established by the National Law.

Note:          National Health Practitioner Boards and the Australian Health Practitioner Regulation Agency are expected to be established by all States and Territories under the National Law.

5  Identifying information

             (1)  For paragraph 7 (1) (g) of the Act, each of the following is identifying information:

                     (a)  an email address;

                     (b)  a telephone number;

                     (c)  a fax number;

                     (d)  the status of the healthcare identifier assigned under paragraph 9 (1) (a) of the Act to the individual healthcare provider.

Example   Active, deactivated or retired.

             (2)  For paragraph 7 (2) (e) of the Act, each of the following is identifying information:

                     (a)  an email address;

                     (b)  a telephone number;

                     (c)  a fax number;

                     (d)  the status of the healthcare identifier assigned under paragraph 9 (1) (a) of the Act to the healthcare provider organisation;

Examples   Active, deactivated or retired.

                     (e)  if applicable, the organisation’s business name on the register established under section 22 of the Business Names Registration Act 2011;

Note:          Also see paragraph 7 (2) (a) of the Act which states that the name of the healthcare provider is also identifying information.

                      (f)  the type of healthcare service the healthcare provider organisation provides to another healthcare provider or a healthcare recipient;

Examples   General practice services, public hospital services or diagnostic imaging services.

                     (g)  the name, date of birth and date of death (if applicable) of the healthcare provider organisation’s responsible officer and organisation maintenance officer;

                     (h)  the work address, email address, telephone number and fax number of the healthcare provider organisation’s responsible officer and organisation maintenance officer;

                      (i)  the identifying number assigned to the organisation’s responsible officer and organisation maintenance officer by the service operator;

                      (j)  whether an evidence of identity process has been undertaken for a healthcare provider organisation’s responsible officer and organisation maintenance officer;

                     (k)  if an evidence of identity process is being undertaken for a healthcare provider organisation’s responsible officer and organisation maintenance officer—the name of the agency or service operator undertaking the process;

                      (l)  if an evidence of identity process has been undertaken for a healthcare provider organisation’s responsible officer and organisation maintenance officer—the name of the agency or service operator that undertook the process, the outcome of the process and when the process was undertaken;

                    (m)  the record that specifies the network address and technical requirements permitting electronic messages to be sent to the healthcare provider organisation;

                     (n)  any other network organisation or seed organisation within the meaning of section 9A of the Act that the healthcare provider organisation is linked to in a network.

Note:          Other identifying information may be required by the service operator from a healthcare provider—see section 7 of the Act.

6  Updating healthcare provider information held by service operator

             (1)  This regulation applies to a person:

                     (a)  who is any of the following:

                              (i)  a healthcare provider organisation that is an identified healthcare provider;

                             (ii)  a partner in a partnership that is a healthcare provider organisation;

                            (iii)  a trustee of a trust that is a healthcare provider organisation;

                            (iv)  an office holder of an unincorporated association or body that is a healthcare provider organisation;

                             (v)  an individual healthcare provider who is an identified healthcare provider and who is not regulated under the National Law; and

                     (b)  for whom the entity mentioned in paragraph (a) that applies to the person, if any, is assigned a healthcare identifier by the service operator.

Note:          An individual healthcare provider who is regulated only under the National Law is not subject to subregulations (2) to (4), but must tell the national registration authority that regulates the person of specified events and changes of circumstances—see the National Law.

             (2)  For section 14 of the Act, the person must, within 28 days after becoming aware of the change, tell the service operator about:

                     (a)  any change of circumstance that removes the healthcare provider from a class of healthcare providers mentioned in section 9A of the Act unless the change of circumstance is that the healthcare provider no longer has a responsible officer or organisation maintenance officer; and

                     (b)  a change of circumstance that is that the healthcare provider no longer has a responsible officer or organisation maintenance officer.

             (3)  For section 14 of the Act, an individual healthcare provider must also tell the service operator about any change to the identifying information of the healthcare provider, other than a change mentioned in paragraph (2) (a) or (b), within 28 days of becoming aware of the change.

             (4)  A person mentioned in subregulation (1) commits an offence if the person does not to comply with paragraph (2) (a).

Penalty:  50 penalty units.

7  Rules about requesting disclosure of healthcare identifiers from the service operator

             (1)  For section 21 of the Act, a healthcare provider is authorised to request the service operator to disclose an identifier that is assigned to a healthcare recipient to the person making the request if:

                     (a)  the healthcare provider is:

                              (i)  an identified healthcare provider; and

                             (ii)  within a class of healthcare providers mentioned in section 9A of the Act at the time the request for disclosure is made; and

                     (b)  the healthcare provider is to use or disclose the healthcare identifier to manage or communicate information supporting the provision of healthcare; and

                     (c)  the person making the request:

                              (i)  provides healthcare; or

                             (ii)  has duties relating to its provision; or

                            (iii)  is an employee of a contracted service provider of the healthcare provider, who has duties relating to the provision of healthcare.

Note:          The service operator may disclose healthcare identifiers to an employee of an identified healthcare provider or of a contracted service provider of an identified healthcare provider, for certain purposes, if the healthcare provider has, by notice to the service operator, authorised the employee or contracted service provider to act on its behalf—see section 17 of the Act.

             (2)  Subregulation (3) applies to the following persons:

                     (a)  a healthcare provider organisation that is a person;

                     (b)  a partner in a partnership that is a healthcare provider organisation;

                     (c)  a trustee of a trust that is a healthcare provider organisation;

                     (d)  an office holder of an unincorporated association or body that is a healthcare provider organisation.

Note:          A person includes a body corporate—see paragraph 22 (1) (a) of the Acts Interpretation Act 1901. A healthcare provider organisation may be a person—see the definition of healthcare provider organisation in section 5 of the Act. A sole practitioner is both an individual healthcare provider and a healthcare provider organisation—see the definition of sole practitioner in section 5 of the Act.

             (3)  A person mentioned in subregulation (2) commits an offence if:

                     (a)  the healthcare provider organisation mentioned in subregulation (2) requests disclosure of a healthcare identifier from the service operator; and

                     (b)  either:

                              (i)  paragraph (1) (a) or (b) does not apply in relation to the healthcare provider organisation; or

                             (ii)  paragraph (1) (c) does not apply in relation to the person making the request; and

                     (c)  the service operator discloses a healthcare identifier to the healthcare provider organisation.

Penalty:  50 penalty units.

             (4)  For section 21 of the Act, a healthcare provider organisation that requests the service operator to disclose a healthcare identifier must ensure that:

                     (a)  the service operator has the current names and contact details of the provider’s responsible officer and organisation maintenance officer; and

                     (b)  its responsible officer, organisation maintenance officer and any other person authorised to access healthcare identifiers that have been disclosed are aware of their obligations under the Act and these Regulations.

Note 1:       A healthcare provider organisation must also comply with section 27 of the Act in relation to the protection of healthcare identifiers. All healthcare providers must comply with the Privacy Act 1988 in relation to the protection of health information as defined in subsection 6 (1) of that Act, or with equivalent State or Territory legislation, to the extent that it applies to them.

Note 2:       A breach of the regulations in relation to the healthcare identifier of an individual is taken to be an interference with the privacy of the individual for the purposes of the Privacy Act 1988. The act or practice may be the subject of a complaint to the Privacy Commissioner under section 36 of that Act—see subsection 29 (1) of the Act.

8  Maintaining records about healthcare identifiers disclosed by service operator

             (1)  For section 22 of the Act, a healthcare provider must:

                     (a)  at the time of making a request for disclosure of a healthcare identifier—give enough identifying information to ensure the service operator can identify by name the person making the request without having to seek additional information from another person; or

                     (b)  if the healthcare provider does not comply with paragraph (a):

                              (i)  keep a retrievable record of each person who accessed, from the service operator, a healthcare identifier for the healthcare provider; and

                             (ii)  give the record to the service operator upon written request from the service operator.

Example for paragraph (a)

Identifying information may be given as part of the data transmitted to the service operator from a healthcare provider’s practice management software.

Note:          A healthcare provider that complies with paragraph (1) (a) need not keep records of the identities of the individuals requesting disclosure, or of the identifying information given to the service operator, because the service operator will record the information—see section 10 of the Act.

             (2)  For paragraph (1) (b), the retrievable record must:

                     (a)  include the person’s name or other information that can be used to identify the individual; and

                     (b)  be kept:

                              (i)  while the person accessing healthcare identifiers for the healthcare provider is authorised by the healthcare provider organisation to access healthcare identifiers; and

                             (ii)  for 7 years starting on the day after the person ceased to be authorised.

Example

The retrievable record may be drawn from a healthcare provider’s own records identifying the authorised person. These records may be kept in logs as part of the healthcare provider’s practice management software.

             (3)  Subregulation (4) applies to the following persons:

                     (a)  a healthcare provider organisation that is a person;

                     (b)  a partner in a partnership that is the healthcare provider organisation;

                     (c)  a trustee of a trust that is the healthcare provider organisation;

                     (d)  an office holder of an unincorporated association or body that is the healthcare provider organisation.

             (4)  A person mentioned in subregulation (3) commits an offence if the healthcare provider organisation mentioned in subregulation (3):

                     (a)  does not comply with paragraph (1) (a); and

                     (b)  does not give the information mentioned in paragraph (2) (a):

                              (i)  if requested by the service operator—in writing; and

                             (ii)  within 14 days after receiving the request.

Penalty:  50 penalty units.

12  Limit on collection, use and disclosure of information

                   For paragraph 22D(3)(a) of the Act, the information prescribed is information that relates to the healthcare recipient’s treatment, other than any information that relates to compensation or benefits, provided under any of the following Acts:

                     (a)  the Australian Participants in British Nuclear Tests (Treatment) Act 2006;

                     (b)  the Military Rehabilitation and Compensation Act 2004;

                     (c)  the Safety, Rehabilitation and Compensation Act 1988;

                     (d)  the Veterans’ Entitlements Act 1986.

13  Authorisation of collection, use and disclosure related to PCEHR system—registration of healthcare recipient

                   For section 22E of the Act, a healthcare provider is authorised to collect, use and disclose a healthcare recipient’s identifying information and healthcare identifier to the PCEHR System Operator so far as:

                     (a)  the disclosure is to assist in applying for registration of the healthcare recipient as a consumer under Division 1 of Part 3 of the PCEHR Act; and

                     (b)  the collection, use or disclosure is reasonably necessary for the performance of a function of the PCEHR System Operator in relation to the PCEHR system.

Note:          A function of the PCEHR System Operator is to register consumers and participants in the PCEHR system: see paragraph 15 (f) of the PCEHR Act.

14  Authorisation of collection, use and disclosure related to PCEHR system—healthcare providers

                   For section 22E of the Act, the following persons are authorised to collect, use and disclose a healthcare provider’s identifying information and healthcare identifier to a participant in the PCEHR system for the purposes in paragraph 22E (f) of the Act:

                     (a)  a healthcare provider;

                     (b)  the PCEHR System Operator;

                     (c)  the service operator.

15  Authorisation of collection, use and disclosure related to PCEHR system—healthcare recipient who has applied to be an authorised representative

             (1)  For section 22E of the Act, the PCEHR System Operator, service operator and Chief Executive Medicare are authorised to collect, use and disclose to a participant in the PCEHR system:

                     (a)  identifying information of a healthcare recipient who has applied to the PCEHR System Operator to be an authorised representative of another healthcare recipient; or

                     (b)  a healthcare identifier of the healthcare recipient mentioned in paragraph (a).

             (2)  The collection, use or disclosure must be reasonably necessary for the exercise of the PCEHR System Operator’s power under section 6 of the PCEHR Act.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

 

                /sub-subparagraph(s)

 

 

Endnote 3—Legislation history

This endnote sets out details of the legislation history of the Healthcare Identifiers Regulations 2010.

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

2010 No. 190

30 June 2010 (see F2010L01829)

1 July 2010

 

2012 No. 160

28 June 2012 (see F2012L01401)

29 June 2012

142, 2013

29 June 2013 (see F2013L01269)

30 June 2013

 

Endnote 4—Amendment history

 

Provision affected

How affected

r. 3......................................

am. 2012 No. 160

r. 5......................................

am. 2012 No. 160

r. 12....................................

ad. 2012 No. 160

 

rs No 142, 2013

r. 13....................................

ad. 2012 No. 160

r. 14....................................

ad. 2012 No. 160

r 15.....................................

ad No 142, 2013

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]