Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
This instrument amends the PCEHR (Assisted Registration) Rules 2012 to allow parents to apply to register newborns through assisted registration.
Administered by: Health
Registered 24 May 2013
Tabling HistoryDate
Tabled HR27-May-2013
Tabled Senate17-Jun-2013
Date of repeal 26 May 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

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

 

Text Box: Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
PCEHR (Assisted Registration) Amendment Rules 2013 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Legislative Instrument is part of a collection of rules that provide the detail necessary to support the operation of the personally controlled electronic health record (PCEHR) system, as established by the Personally Controlled Electronic Health Records Act 2012 (the Act).

The Legislative Instrument will amend the PCEHR (Assisted Registration) Rules 2012 which commenced in December 2012 and provided a new channel, known as assisted registration, through which consumers can apply to register for a PCEHR.  Healthcare provider organisations can choose to provide assisted registration to consumers.  This channel allows a healthcare provider organisation to assert the consumer’s identity to the System Operator on the basis of their knowledge of the consumer as a patient or the sighting of specific evidence of identity.

At present a consumer can only apply through assisted registration if they are seeking to register themselves or a child for whom they have parental responsibility and who is listed on the consumer’s Medicare card.  The assisted registration model is now being expanded to allow a parent to apply to register their newborn even though the child is not yet listed on the parent’s Medicare card, if the child has been allocated a verified Individual Healthcare Identifier.

The Legislative Instrument will give effect to this change by amending the definition of assisted registration to permit a consumer to apply to be an authorised representative of, and to register, a child for whom they have parental responsibility and who is not more than 14 days old.

Assisted registration is only available in the limited circumstances described above because it is possible to verify the identity of the consumer, and the consumer’s parental responsibility for the child is recognised either by Medicare or by the hospital asserting the identity of the newborn.  In other circumstances, such as a consumer seeking to register an adult with limited capacity for whom they have responsibility, verifying whether the consumer is authorised to act on behalf of the other person is a more complex matter.  However, these consumers are able to apply to register through other channels, such as online, in writing or in person at a Department of Human Services service centre offering Medicare services.

Registering for a PCEHR is voluntary and it does not affect a consumer’s entitlements to healthcare.
Text Box: Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.  It does not make changes to the operation of the PCEHR system or to the rights of consumers to choose whether to register for a PCEHR and to choose who can access their PCEHR, rather it modifies one channel of registration so that it is available to a broader range of consumers.  Consumers who are unable to apply to register through assisted registration can still apply through other channels.

Conclusion 
The Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Tanya Plibersek MP
Minister for Health,