Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 45

    It is a condition of registration of a healthcare provider organisation that the healthcare provider organisation does not, for the purposes of the My Health Record system:

  (a)   upload a record that includes health information about a registered healthcare recipient to a repository other than:

  (i)   a repository that forms part of the National Repositories Service; or

  (ii)   a repository to which a registered repository operator's registration relates; or

  (b)   upload to a repository a record:

  (i)   that purports to be the shared health summary of a registered healthcare recipient, unless the record would, when uploaded, be the shared health summary of the registered healthcare recipient; or

  (ii)   that is a record of a kind specified in the My Health Records Rules for the purposes of this paragraph, unless the record has been prepared by an individual healthcare provider to whom a healthcare identifier has been assigned under paragraph   9(1)(a) of the Healthcare Identifiers Act 2010 ; or

  (ba)   upload to a repository a record of a kind specified in the My Health Records Rules for the purposes of subparagraph   (b)(ii) unless the record is prepared by a person who, at the time the record is prepared, is:

  (i)   an individual who is registered by a registration authority within the meaning of the Healthcare Identifiers Act 2010 , and whose registration is not conditional, suspended, cancelled or lapsed (other than in circumstances prescribed in the My Health Records Rules); or

  (ii)   an individual who is a member of a professional association described in paragraph   9A(1)(b) of the Healthcare Identifiers Act 2010 , and whose membership is not conditional, suspended, cancelled or lapsed (other than in circumstances prescribed by the My Health Records Rules); or

  (c)   upload a record to a repository if uploading the record would involve an infringement of a moral right of the author, within the meaning of the Copyright Act 1968 ; or

  (d)   upload to a repository a record that includes health information about a registered consumer if the consumer has advised that the record is not to be uploaded.