Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 38

  (1)   It is a function of the Chief Executive Medicare to seek to become a registered repository operator and, if registered, to operate a repository for the purposes of the My Health Record system in accordance with subsection   (2).

  (2)   Without limiting the way in which the repository is to be operated, at any time when the Chief Executive Medicare is a registered repository operator, the Chief Executive Medicare:

  (a)   may at his or her discretion upload health information held by the Chief Executive Medicare about a registered healthcare recipient to the repository operated by the Chief Executive Medicare; and

  (b)   with the consent of a registered healthcare recipient--may at his or her discretion make available to the System Operator health information held by the Chief Executive Medicare about the healthcare recipient.

Note:   Section   58 authorises the Chief Executive Medicare to disclose identifying information to the System Operator.

  (3)   The health information referred to in subsection   (2) in relation to a healthcare recipient may include the name of one or more healthcare providers that have provided healthcare to the healthcare recipient.

Note:   This Division does not apply to a healthcare recipient if the opt - out model applies to the healthcare recipient because of My Health Records Rules made under Schedule   1 to this Act.