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MY HEALTH RECORDS ACT 2012 - SECT 15

Functions of the System Operator

                   The System Operator has the following functions:

                     (a)  to establish and maintain an index service, for the purposes of the My Health Record system, that:

                              (i)  allows information in different repositories to be connected to registered healthcare recipients; and

                             (ii)  facilitates the retrieval of such information when required, and ensures that registered healthcare recipients, and participants in the My Health Record system who are authorised to collect, use and disclose information, are able to do so readily;

                     (b)  to establish and maintain mechanisms ( access control mechanisms ) that, subject to any requirements specified in the My Health Records Rules:

                              (i)  enable each registered healthcare recipient to set controls on the healthcare provider organisations and nominated representatives who may obtain access to the healthcare recipient's My Health Record; and

                             (ii)  specify default access controls that apply if a registered healthcare recipient has not set such controls; and

                            (iii)  specify circumstances in which access to a healthcare recipient's My Health Record is to be automatically suspended or cancelled;

                     (c)  without limiting paragraph (b), to ensure that the access control mechanisms enable each registered healthcare recipient to specify that access to a healthcare recipient's My Health Record is only to be:

                              (i)  by healthcare provider organisations and nominated representatives specified by the healthcare recipient; and

                             (ii)  in accordance with any limitations specified by the healthcare recipient, including limitations on the kind of health information to be collected, used or disclosed by such healthcare provider organisations and nominated representatives;

                     (d)  to establish and maintain a reporting service that allows assessment of the performance of the system against performance indicators;

                     (e)  to establish and maintain the Register (see section 56);

                      (f)  to register healthcare recipients and participants in the My Health Record system (see Part 3) and to manage and monitor, on an ongoing basis, the system of registration;

                     (g)  to establish and maintain an audit service that records activity in respect of information in relation to the My Health Record system;

                     (h)  without limiting paragraph (g)--to establish and maintain mechanisms:

                              (i)  that enable each registered healthcare recipient to obtain electronic access to a summary of the flows of information in relation to his or her My Health Record; and

                             (ii)  that enable each registered healthcare recipient to obtain a complete record of the flows of information in relation to his or her My Health Record, on application to the System Operator;

                      (i)  to operate a National Repositories Service that stores key records that form part of a registered healthcare recipient's My Health Record (including the healthcare recipient's shared health summary);

                    (ia)  to establish and operate a test environment for the My Health Record system, and other electronic systems that interact directly with the My Health Record system, in accordance with the requirements (if any) in the My Health Records Rules;

                      (j)  to establish a mechanism for handling complaints about the operation of the My Health Record system;

                     (k)  to ensure that the My Health Record system is administered so that problems relating to the administration of the system can be resolved;

                      (l)  to advise the Minister on matters relating to the My Health Record system, including in relation to the matters to be included in the My Health Records Rules (see section 109);

                    (m)  to educate healthcare recipients, participants in the My Health Record system and members of the public about the My Health Record system;

                  (ma)  to prepare and provide de-identified data for research or public health purposes;

                     (n)  such other functions as are conferred on the System Operator by this Act or any other Act;

                     (o)  to do anything incidental to or conducive to the performance of any of the above functions.



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