Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 51

Cancellation or suspension on request

  (1)   The System Operator must, in writing, decide to cancel or suspend the registration of a healthcare recipient or other entity if the healthcare recipient or other entity requests the System Operator, in writing, to cancel or suspend the registration.

Cancellation or suspension if healthcare recipient no longer eligible, etc.

  (2)   The System Operator may, in writing, decide to cancel or suspend the registration of a healthcare recipient if:

  (a)   the System Operator is no longer satisfied that the healthcare recipient is eligible to be registered; or

  (b)   the System Operator is no longer 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; or

  (c)   the System Operator is satisfied that, unless the registration of the healthcare recipient is cancelled, the security or integrity of the My Health Record system may be compromised, having regard to the matters (if any) prescribed by the My Health Records Rules; or

  (d)   the System Operator is satisfied that the consent referred to in subsection   41(3) in relation to the healthcare recipient has been withdrawn; or

  (e)   the System Operator is satisfied that the consent referred to in subsection   41(3) in relation to the healthcare recipient was given by an authorised representative or nominated representative of the healthcare recipient, and:

  (i)   the authorised representative or nominated representative who gave the consent ceases to be an authorised representative or nominated representative of the healthcare recipient; and

  (ii)   the System Operator requests the healthcare recipient to give consent of the kind referred to in subsection   41(3); and

  (iii)   the healthcare recipient does not, within a reasonable period, give the consent.

Cancellation or suspension if other entity no longer eligible, etc.

  (3)   The System Operator may, in writing, decide to cancel or suspend the registration of an entity other than a healthcare recipient if:

  (a)   the System Operator is no longer satisfied that the entity is eligible to be registered; or

  (b)   the System Operator is satisfied that:

  (i)   the entity has contravened this Act or a condition of the entity's registration; or

  (ii)   cancellation or suspension of registration is reasonably necessary to prevent such a contravention; or

  (iii)   cancellation or suspension of registration is otherwise appropriate, having regard to the need to protect the security and integrity of the My Health Record system.

Suspension while investigating action in relation to healthcare recipient's registration

  (4)   The System Operator may, in writing, decide to suspend the registration of a healthcare recipient while the System Operator investigates whether to take action under subsection   (2) in relation to the healthcare recipient's registration.

Suspension while investigating action in relation to entity's registration

  (5)   The System Operator may, in writing, decide to suspend the registration of an entity other than a healthcare recipient while the System Operator investigates whether to take action under subsection   (3) in relation to the entity's registration.

Cancellation of registration of healthcare recipient on death

  (6)   The System Operator must decide to cancel the registration of a healthcare recipient if the System Operator is satisfied that the healthcare recipient has died.

When cancellation or suspension takes effect

  (7)   A decision under this section takes effect:

  (a)   when it is made; or

  (b)   if the decision is made at the request of the healthcare recipient or other entity, and the request states that the healthcare recipient or other entity wishes the cancellation or suspension to occur at a specified future time--at that future time.

Note:   Under section   53, the System Operator must give the healthcare recipient or other entity notice before cancelling, suspending or varying registration (except in urgent circumstances). The decision to cancel, suspend or vary registration cannot be made before the end of the period specified in the notice.