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HEALTHCARE IDENTIFIERS ACT 2010 - SECT 5

Definitions

                   In this Act:

"aged care" , in relation to a person, has the same meaning as in:

                     (a)  if the Aged Care Act 1997 applies in relation to the person--that Act; and

                     (b)  if the Aged Care (Transitional Provisions) Act 1997 applies in relation to the person--that Act.

"Aged Care Department" means the Department administered by the Aged Care Minister.

"Aged Care Minister" means the Minister administering the Aged Care Act 1997 .

"aged care purpose" means:

                     (a)  the purpose of enabling the Aged Care Department to create and maintain a record about aged care provided to a person by an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018 ); or

                     (b)  the purpose of the Aged Care Department verifying the identity of a person who is receiving, or who is to receive, aged care.

"Australian law" has the same meaning as in the Privacy Act 1988 .

"authorised representative" of a healthcare recipient has the same meaning as in the My Health Records Act 2012 .

"Chief Executive Medicare" has the same meaning as in the Human Services (Medicare) Act 1973 .

"civil penalty provision" has the same meaning as in the Regulatory Powers Act.

"contracted service provider" , of a healthcare provider, means an entity that provides:

                     (a)  information technology services relating to the communication of health information; or

                     (b)  health information management services;

to the healthcare provider under a contract with the healthcare provider.

"court/tribunal order" has the same meaning as in the Privacy Act 1988 .

"date of birth accuracy indicator" means a data element that is used to indicate how accurate a recorded date of birth is.

"date of death accuracy indicator" means a data element that is used to indicate how accurate a recorded date of death is.

"Defence Department" means the Department that:

                     (a)  deals with matters arising under section 1 of the Defence Act 1903 ; and

                     (b)  is administered by the Minister who administers that section.

"employee" , of an entity, includes:

                     (a)  an individual who provides services for the entity under a contract for services; or

                     (b)  an individual whose services are made available to the entity (including services made available free of charge).

"entity" means:

                     (a)  a person; or

                     (b)  a partnership; or

                     (c)  any other unincorporated association or body; or

                     (d)  a trust; or

                     (e)  a part of another entity (under a previous application of this definition).

"healthcare" means health service within the meaning of subsection 6(1) of the Privacy Act 1988 .

"healthcare identifier" has the meaning given by section 9.

"healthcare provider" means:

                     (a)  an individual healthcare provider; or

                     (b)  a healthcare provider organisation.

"Healthcare Provider Directory" has the meaning given by subsection 31(1).

"healthcare provider organisation" means an entity, or a part of an entity, that has conducted, conducts, or will conduct, an enterprise that provides healthcare (including healthcare provided free of charge).

Example:    A public hospital, or a corporation that runs a medical centre.

"healthcare recipient" means an individual who has received, receives, or may receive, healthcare.

"health information" has the meaning given by subsection 6(1) of the Privacy Act 1988 .

"Human Research Ethics Committee" has the meaning given by:

                     (a)  the National Statement on Ethical Conduct in Human Research issued in March 2007 by the Chief Executive Officer of the National Health and Medical Research Council under the National Health and Medical Research Council Act 1992 ; or

                     (b)  if that Statement is amended--that Statement as amended.

Note:          In 2010, the text of the Statement was accessible through the National Health and Medical Research Council website (www.nhmrc.gov.au).

"identified healthcare provider" means a healthcare provider who has been assigned a healthcare identifier under section 9.

"identifying information" has the meaning given by section 7.

"individual healthcare provider" means an individual who:

                     (a)  has provided, provides, or is to provide, healthcare; or

                     (b)  is registered by a registration authority as a member of a particular health profession.

"law" includes:

                     (a)  an Act or legislative instrument; or

                     (b)  an Act or legislative instrument of a State or Territory.

"linked" : an individual healthcare provider is linked to a healthcare provider organisation if:

                     (a)  the individual healthcare provider is an employee of the healthcare provider organisation; or

                     (b)  the healthcare provider organisation provides support services or facilities to the individual healthcare provider, to facilitate the provision of healthcare by the individual healthcare provider.

"Ministerial Council" means the council (however described) established by the Council of Australian Governments that has responsibility for health matters.

"My Health Record" has the same meaning as in the My Health Records Act 2012 .

" My Health Records Act" means the My Health Records Act 2012 .

"My Health Record system" has the same meaning as in the My Health Records Act 2012 .

"My Health Record System Operator" means the System Operator within the meaning of the My Health Records Act 2012 .

"national registration authority" has the meaning given by section 8.

"network" of healthcare provider organisations has the meaning given by subsection 9A(4).

"network organisation" within a network has the meaning given by subsection 9A(6).

"nominated representative" of a healthcare recipient has the same meaning as in the My Health Records Act 2012 .

"organisation maintenance officer" for a healthcare provider organisation has the meaning given by subsection 9A(8).

"participant in the My Health Record system" has the same meaning as in the My Health Records Act 2012 .

"personal information" has the same meaning as in the Privacy Act 1988 .

"professional association" means an organisation that:

                     (a)  is a separate legal entity under a law of the Commonwealth or a State or Territory; and

                     (b)  has the following characteristics:

                              (i)  its members practise the same healthcare profession;

                             (ii)  it has enough membership to be considered representative of the healthcare profession practised by its members;

                            (iii)  it sets its own admission requirements, including acceptable qualifications;

                            (iv)  it sets and publishes standards of practice and ethical conduct;

                             (v)  it aims to maintain the standing of the healthcare profession practised by its members;

                            (vi)  it has written rules, articles of association, by-laws or codes of conduct for its members;

                           (vii)  it has the ability to impose sanctions on members who contravene the association's written rules, articles of association, by-laws or codes of conduct;

                          (viii)  it sets requirements to maintain its members' professional skills and knowledge by continuing professional development; and

                     (c)  has members who:

                              (i)  may take part in decisions affecting their profession; and

                             (ii)  have the right to vote at meetings of the association; and

                            (iii)  have the right to be recognised as being members of the professional association.

"registration authority" means an entity that is responsible under a law for registering members of a particular health profession.

"registered portal operator" has the same meaning as in the My Health Records Act 2012 .

"registered repository operator" has the same meaning as in the My Health Records Act 2012 .

"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .

"responsible officer" for a healthcare provider organisation has the meaning given by subsection 9A(7).

"retirement" , for a healthcare provider organisation's healthcare identifier, means a state imposed by the service operator on the healthcare identifier so that it may no longer be used by the healthcare provider organisation to identify the healthcare provider organisation.

"seed organisation" for a network has the meaning given by subsection 9A(5).

"service operator" has the meaning given by section 6.

"sole practitioner" means a person who is both an individual healthcare provider and a healthcare provider organisation.

"State or Territory authority" has the meaning given by the Privacy Act 1988 .

"under this Act" includes under the regulations.

"Veterans' Affairs Department" means the Department that:

                     (a)  deals with matters arising under:

                              (i)  section 1 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ; or

                             (ii)  section 1 of the Military Rehabilitation and Compensation Act 2004 ; or

                           (iia)  section 1 of the Treatment Benefits (Special Access) Act 2019 ; or

                            (iii)  section 1 of the Veterans' Entitlements Act 1986 ; and

                     (b)  is administered by the Minister who administers that section.



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