Commonwealth Consolidated Acts

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MY HEALTH RECORDS ACT 2012 - SECT 45

Condition of registration--uploading of records, etc.

                   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.



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