Part 1—Preliminary
1.1.1 Name of regulation
This regulation is the My Health Records Regulation 2012.
1.1.2 Commencement
This regulation commences on the day after it is registered.
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 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 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 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.
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.
