Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 41

  (1)   The System Operator must decide to register a healthcare recipient if:

  (a)   an application has been made under section   39 in relation to the healthcare recipient; and

  (b)   the healthcare recipient is eligible for registration under section   40; and

  (c)   the System Operator is satisfied, having regard to the matters (if any) specified in the My Health Records Rules, that the identity of the healthcare recipient has been appropriately verified.

Note:   The System Operator is not permitted to register a healthcare recipient in any other circumstances.

  (2)   Despite subsection   (1), the System Operator is not required to register a healthcare recipient if the System Operator is satisfied that registering the healthcare recipient may compromise the security or integrity of the My Health Record system, having regard to the matters (if any) prescribed by the My Health Records Rules.

  (3)   The System Operator is not required to register a healthcare recipient if the healthcare recipient does not consent to a registered healthcare provider organisation uploading to the My Health Record system any record that includes health information about the healthcare recipient, subject to the following:

  (a)   express advice given by the healthcare recipient to the registered healthcare provider organisation that a particular record, all records or a specified class of records must not be uploaded;

  (b)   a law of a State or Territory that is prescribed by the regulations for the purposes of subsection   (4).

  (3A)   A registered healthcare provider organisation is authorised to upload to the My Health Record system a record in relation to a healthcare recipient (the patient ) that includes health information about another healthcare recipient (the third party ), if the health information about the third party is directly relevant to the healthcare of the patient, subject to a law of a State or Territory that is prescribed by the regulations for the purposes of subsection   (4).

  (4)   A consent referred to in subsection   (3), and an authorisation given under subsection   (3A), have effect despite a law of a State or Territory that requires consent to the disclosure of particular health information:

  (a)   to be given expressly; or

  (b)   to be given in a particular way;

other than a law of a State or Territory prescribed by the regulations for the purposes of this subsection.

  (5)   A decision under subsection   (1) takes effect when it is made.