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Healthcare Identifiers Act 2010
In force
Administered by
Department of Health, Disability and Ageing
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C2014C00096 C07
12 March 2014
-
04 December 2014
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Part 1—Preliminary
1 Short title
2 Commencement
3 Purpose of this Act
4 Act to bind the Crown
4A External Territories
5 Definitions
7 Meaning of identifying information
8 Meaning of national registration authority
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Part 2—Assigning healthcare identifiers
9 Assigning healthcare identifiers
9A Classes of providers for the purposes of paragraph 9(1)(a)
9B Information that may be requested before assigning healthcare identifiers
9C Review of decision not to assign a healthcare identifier
10 Service operator must keep record of healthcare identifiers etc.
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Part 3—Use and disclosure of healthcare identifiers and other information
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Division 1—Use and disclosure of identifying information
11 Disclosure by healthcare providers
11A Use and disclosure of identifying information
12 Disclosure by data sources
13 Disclosure by national registration authority
14 Maintaining healthcare identifiers
15 Service operator’s duty of confidentiality
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Division 2—Disclosure of healthcare identifier by service operator
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Subdivision A—Request by healthcare provider for healthcare recipient’s healthcare identifier
16 Disclosure of healthcare recipient’s identifying information by healthcare provider
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Subdivision B—Disclosure of healthcare identifier by service operator
17 Disclosure to healthcare provider
18 Disclosure to healthcare recipient
19 Disclosure to registration authority
19A Disclosure to PCEHR System Operator
19B Disclosure to Chief Executive Medicare
19C Disclosure to other Departments
20 Disclosure for authentication of healthcare provider’s identity
21 Access controls
22 Information about disclosures by service operator
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Division 2A—Collection, use and disclosure of healthcare identifiers and identifying information for purposes of the PCEHR System
22A Collection, use and disclosure by PCEHR System Operator
22B Adoption by PCEHR System Operator, registered repository operator or registered portal operator
22C Collection, use and disclosure by registered repository operators or registered portal operators
22D Collection, use and disclosure by the Chief Executive Medicare and Departments
22E Regulations may authorise collection, use and disclosure related to the PCEHR system
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Division 3—Use, disclosure and adoption of healthcare identifier by healthcare provider
23 Disclosure to healthcare recipient
24 Use and disclosure for other purposes
24A Collection, use and disclosure of healthcare identifier of healthcare provider with consent
25 Adoption by healthcare provider
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Division 4—Unauthorised use and disclosure of healthcare identifiers
26 Unauthorised use and disclosure of healthcare identifiers prohibited
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Division 5—Protection of healthcare identifiers
27 Protection of healthcare identifiers
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Part 4—Interaction with the Privacy Act 1988
28 Interaction with the Privacy Act 1988
29 Functions of Information Commissioner
30 Annual reports by Information Commissioner
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Part 5—Healthcare Provider Directory
31 Healthcare Provider Directory
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Part 6—Oversight role of Ministerial Council
32 Directions to service operator
33 Consultation with Ministerial Council about regulations
34 Annual reports by service operator
35 Review of operation of Act
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Part 7—Miscellaneous
36 Extent of authorisation
37 Relationship to State and Territory laws
38 Severability—additional effect of Parts 3 and 4
39 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]