Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 58A

  (1)   An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.

 

Collection, use and disclosure for the purpose of the My Health Record system
Item	Column 1 Entity	Column 2 Permitted action	Column 3 Information	Column 4 Circumstances
1	System Operator	collect use disclose	identifying information about any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient; (d) a healthcare provider the healthcare identifier of any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient; (d) a healthcare provider	the collection, use or disclosure is for the purposes of the My Health Record system
2	System Operator	collect use disclose	information relevant to whether a person is an authorised representative, or nominated representative, of another person	the collection, use or disclosure is for the purposes of determining whether a person is an authorised representative, or a nominated representative, of another person
3	registered repository operator registered portal operator	collect use disclose to a participant in the My Health Record System	the healthcare identifier of any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient; (d) a healthcare provider	the collection, use or disclosure is for the purposes of the My Health Record system
4	service operator for the purposes of the Healthcare Identifiers Act 2010	collect from the System Operator use disclose to the System Operator	information relevant to whether a person is an authorised representative, or nominated representative, of another person	the collection, use or disclosure is for the purposes of assisting the System Operator to determine whether a person is an authorised representative, or a nominated representative, of another person
5	Chief Executive Medicare	collect from the System Operator use disclose to the System Operator	identifying information about any person who is, or may be, any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient	the collection, use or disclosure is: (a) for the purposes of assisting the System Operator to verify the identity of the person; or (b) otherwise for the purposes of the My Health Record system
6	Chief Executive Medicare	collect from the System Operator use disclose to the System Operator	information relevant to whether a person is an authorised representative, or nominated representative, of another person	the collection, use or disclosure is for the purposes of assisting the System Operator to determine whether a person is an authorised representative, or a nominated representative, of another person
7	Chief Executive Medicare	collect use disclose to a participant in the My Health Record system	identifying information about any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient healthcare identifier of any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient	the collection, use or disclosure is for the purpose of including health information in the healthcare recipient's My Health Record
8	Veterans' Affairs Department Defence Department	use disclose to the System Operator	identifying information about any person who is, or may be, any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient	the use or disclosure is for the purposes of assisting the System Operator to verify the identity of the person
9	Veterans' Affairs Department Defence Department	collect from the service operator under the Healthcare Identifiers Act 2010 use disclose to a participant in the My Health Record system	identifying information about any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient healthcare identifier of any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient	the collection, use or disclosure is for the purpose of including prescribed information in the healthcare recipient's My Health Record
10	a prescribed entity	collect use disclose to another prescribed entity	identifying information about any person who is, or may be, any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient	the collection, use or disclosure is for the purposes of assisting the System Operator to verify the identity of the person

Note:   Under section   15 of the Healthcare Identifiers Act 2010 , the service operator under that Act is authorised to collect, use and disclose healthcare identifiers of, and identifying information about, healthcare recipients and their representatives for the purposes of the My Health Record system. The service operator is also authorised to collect, use and disclose healthcare identifiers of, and identifying information about, healthcare providers under section   24 of that Act.

  (2)   If:

  (a)   any of the following entities discloses information to the System Operator in circumstances in which the information is authorised to be disclosed under subsection   (1):

  (i)   the Chief Executive Medicare;

  (ii)   the Veterans' Affairs Department;

  (iii)   the Defence Department;

  (iv)   the service operator for the purposes of the Healthcare Identifiers Act 2010 ;

  (v)   an entity prescribed for the purposes of item   10 of the table in subsection   (1); and

  (b)   the entity that disclosed the information becomes aware that the information has changed;

that entity must, as soon as practicable after becoming aware of the change, inform the System Operator of the change.