My Health Records Regulation 2012

Select Legislative Instrument No. 129, 2012

made under the

My Health Records Act 2012

Compilation No. 3

Compilation date:                              29 June 2019

Includes amendments up to:            F2019L00934

Registered:                                         4 July 2019

About this compilation

This compilation

This is a compilation of the My Health Records Regulation 2012 that shows the text of the law as amended and in force on 29 June 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary                                                                                                             1

1.1.1...................... Name of regulation............................................................. 1

1.1.2A................... Schedule 1.......................................................................... 1

1.1.3...................... Definitions.......................................................................... 1

1.1.4...................... Nominated healthcare provider........................................... 2

1.1.5...................... Identifying information—individual healthcare provider.... 2

1.1.6...................... Identifying information—healthcare provider organisation. 2

1.1.7...................... Identifying information—healthcare recipient..................... 3

Part 2—System Operator                                                                                                  5

2.1.1...................... System Operator................................................................. 5

Part 3—Registration                                                                                                             6

3.1.1A................... Other information in relation to a healthcare recipient needed for registration          6

3.1.1...................... Registration of healthcare recipient by the System Operator 6

Part 4—Collection, use and disclosure of information                                    7

4.1.1...................... Prescribed information to be included in a My Health Record 7

4.1.2...................... Verifying identity of healthcare recipients etc..................... 7

Part 5—Other matters                                                                                                         8

5.1.1...................... Subcommittee of the Ministerial Council............................ 8

Schedule 1—Application, savings and transitional provisions          9

Part 1—Application provisions relating to the Health Legislation Amendment (eHealth) Regulation 2015                                                                                                   9

1............................ Definitions.......................................................................... 9

2............................ Repeal of regulations dealing with the jurisdictional advisory committee and independent advisory committee............................................................. 9

3............................ Information to be provided before registration for a My Health Record  9

Endnotes                                                                                                                                    10

Endnote 1—About the endnotes                                                                            10

Endnote 2—Abbreviation key                                                                                11

Endnote 3—Legislation history                                                                             12

Endnote 4—Amendment history                                                                           13

Part 1—Preliminary

1.1.1  Name of regulation

                   This regulation is the My Health Records Regulation 2012.

1.1.2A  Schedule 1

                   Schedule 1 has effect.

1.1.3  Definitions

Note:          A number of expressions used in this regulation are defined in the Act, including the following:

(a)    healthcare provider organisation;

(b)    individual healthcare provider.

                   In this regulation:

ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

ACN has the same meaning as in the Corporations Act 2001.

Act means the My Health Records Act 2012.

Australian Digital Health Agency means the Australian Digital Health Agency established by section 8 of the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule 2016.

Australian Health Practitioner Regulation Agency means the National Agency established by the National Law.

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.

Healthcare Identifiers Act means the Healthcare Identifiers Act 2010.

organisation maintenance officer, for a healthcare provider organisation, has the meaning given by subsection 9A(8) of the Healthcare Identifiers Act.

registration authority has the meaning given by the Healthcare Identifiers Act.

responsible officer, for a healthcare provider organisation, has the meaning given by subsection 9A(7) of the Healthcare Identifiers Act.

service operator has the meaning given by section 5 of the Healthcare Identifiers Act.

verification service means a service (whether operated electronically or otherwise) that allows an entity to compare information relating to the identity of an entity with a government record.

1.1.4  Nominated healthcare provider

                   For subparagraph (c) (iii) of the definition of nominated healthcare provider in section 5 of the Act, the class is individuals who have been awarded a Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care (Practice).

1.1.5  Identifying information—individual healthcare provider

                   For paragraph 9(1)(h) of the Act, the following information is identifying information of an individual healthcare provider:

                     (a)  whether the healthcare provider is registered with a registration authority and the status of that registration (such as conditional, suspended, cancelled or lapsed);

                     (b)  whether the healthcare provider is a member of a professional association of the kind described in paragraph 9A(1)(b) of the Healthcare Identifiers Act and the status of that membership (such as conditional, suspended, cancelled or lapsed);

                     (c)  whether the healthcare provider is, or is likely to be, deceased;

                     (d)  whether the death of the healthcare provider has been verified;

                     (e)  whether the healthcare provider is linked to a healthcare provider organisation and, if so, the name of the organisation and the ABN and ACN of the organisation (whichever is applicable).

1.1.6  Identifying information—healthcare provider organisation

                   For paragraph 9 (2) (f) of the Act, the following information is identifying information of a healthcare provider organisation:

                     (a)  whether the organisation is registered under Division 2 of Part 3 of the Act;

                    (aa)  whether the healthcare provider organisation has notified the service operator that the organisation does not wish to use a healthcare identifier, either temporarily or permanently;

                     (b)  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 9 (2) (a) of the Act, which states that the name of the healthcare provider is also identifying information.

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

Examples   

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

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

                     (e)  the work address, email address, phone number and fax number of the organisation’s responsible officer and organisation maintenance officer;

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

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

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

                      (i)  if an evidence of identity process has been undertaken for an 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;

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

                     (k)  any other network organisation or seed organisation, within the meaning of section 9A of the Healthcare Identifiers Act, that the organisation is linked to in a network;

                      (l)  whether any individual healthcare providers are linked to the organisation and, if so, the names and other identifying information of those individual healthcare providers.

1.1.7  Identifying information—healthcare recipient

                   For paragraph 9(3)(i) of the Act, the following information is identifying information of a healthcare recipient:

                     (a)  the telephone number of the healthcare recipient;

                     (b)  the electronic address of the healthcare recipient;

                     (c)  whether the identity of the healthcare recipient has been verified;

                     (d)  whether a healthcare identifier assigned to the healthcare recipient has been assigned provisionally (for example, because it has not been possible to verify the identity of the healthcare recipient);

                     (e)  if information relating to the identity of the healthcare recipient has been, or is to be, verified using a particular form of identification document (such as a driver’s licence or passport), details of that document including:

                              (i)  the document number; and

                             (ii)  the State or Territory in which the document was issued; and

                            (iii)  the name of the entity that issued the document;

                      (f)  if information relating to the identity of the healthcare recipient has been, or is to be, verified by using a verification service, the response of that service to any verification inquiry in relation to the healthcare recipient;

                     (g)  whether the healthcare recipient is, or is likely to be, deceased;

                     (h)  whether the death of the healthcare recipient has been verified;

                      (i)  whether the healthcare recipient is a registered healthcare recipient for the purposes of the Act;

                      (j)  whether the healthcare recipient is an authorised representative, or nominated representative, of another healthcare recipient, and the identity of the other healthcare recipient;

                     (k)  whether the healthcare recipient, or an authorised representative or nominated representative of the healthcare recipient, has made an election under clause 5 of Schedule 1 to the Act that the healthcare recipient not be registered under the Act.

Part 2—System Operator

2.1.1  System Operator

                   For paragraph 14(1)(b) of the Act, the Australian Digital Health Agency is prescribed to be the System Operator.

Part 3—Registration

3.1.1A  Other information in relation to a healthcare recipient needed for registration

             (1)  The following is other information in relation to a healthcare recipient for the purposes of subparagraph 40(b)(v) of the Act:

                     (a)  whether the identity of the healthcare recipient has been verified;

                     (b)  whether a healthcare identifier assigned to the healthcare recipient has been assigned provisionally (for example, because it has not been possible to verify the identity of the healthcare recipient).

             (2)  The following is other information in relation to a healthcare recipient for the purposes of subparagraph 4(b)(v) of Schedule 1 to the Act:

                     (a)  whether the identity of the healthcare recipient has been verified;

                     (b)  whether a healthcare identifier assigned to the healthcare recipient has been assigned provisionally (for example, because it has not been possible to verify the identity of the healthcare recipient);

                     (c)  whether the healthcare recipient is, or is likely to be, deceased;

                     (d)  whether the death of the healthcare recipient has been verified.

3.1.1  Registration of healthcare recipient by the System Operator

                   For subsection 41 (4) of the Act and subclause 9(3) of Schedule 1 to the Act, the following State and Territory laws are prescribed:

                     (b)  sections 56 and 92 of the Public Health Act 2010 of New South Wales;

                     (c)  sections 55, 77 to 79, 105 to 107, 175 to 177, 220 to 222, 238 to 240 and 266 to 268 of the Public Health Act 2005 of Queensland;

                     (d)  sections 110 and 111 of the Public Health Act 1997 of the Australian Capital Territory.

Part 4—Collection, use and disclosure of information

4.1.1  Prescribed information to be included in a My Health Record

             (1)  This section is made for:

                     (a)  column 4 of item 9 of the table in section 58A of the Act; and

                     (b)  column 4 of item 9 in the table in clause 8 of Schedule 1 to the Act.

             (2)  The prescribed information is information that relates to the provision of healthcare to the healthcare recipient, other than information that relates to compensation or benefits, under any of the following Acts:

                     (a)  the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006;

                     (b)  the Military Rehabilitation and Compensation Act 2004;

                     (c)  the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988;

                    (ca)  the Treatment Benefits (Special Access) Act 2019;

                     (d)  the Veterans’ Entitlements Act 1986.

4.1.2  Verifying identity of healthcare recipients etc.

             (1)  This section is made for item 10 of the table in section 58A and clause 8 of Schedule 1 to the Act.

             (2)  The Attorney‑General’s Department is authorised to collect, use and disclose to the System Operator identifying information of the kind mentioned in Column 3 of that item of the table for the purposes mentioned in Column 4 of that item of the table.

Part 5—Other matters

5.1.1  Subcommittee of the Ministerial Council

                   For paragraph 109(2)(b) of the Act, and subclause 1(3) of Schedule 1 to the Act, the following subcommittee of the Ministerial Council is prescribed:

                     (a)  the Australian Health Ministers’ Advisory Council, whether known by that name or another name;

                     (b)  if that Advisory Council ceases to exist—a subcommittee of the Ministerial Council that has been given the Advisory Council’s functions in relation to electronic health records.

Schedule 1—Application, savings and transitional provisions

Part 1—Application provisions relating to the Health Legislation Amendment (eHealth) Regulation 2015

1  Definitions

                   In this Division:

the amending Act means the Health Legislation Amendment (eHealth) Act 2015.

the amending regulation means the Health Legislation Amendment (eHealth) Regulation 2015.

2  Repeal of regulations dealing with the jurisdictional advisory committee and independent advisory committee

                   Items 22, 24 and 33 of Schedule 1 to the amending regulation apply on and after the governance restructure day, as defined in item 112 of Schedule 1 to the amending Act.

3  Information to be provided before registration for a My Health Record

                   Item 34 of Schedule 1 to the amending regulation applies in relation to the registration of a healthcare recipient on or after the commencement of that Schedule.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history