Commonwealth Consolidated Acts

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MY HEALTH RECORDS ACT 2012 - SECT 64

Collection, use and disclosure in the case of a serious threat

             (1)  A participant in the My Health Record system is authorised to collect, use and disclose health information included in a registered healthcare recipient's My Health Record if:

                     (a)  the participant reasonably believes that:

                              (i)  the collection, use or disclosure is necessary to lessen or prevent a serious threat to an individual's life, health or safety; and

                             (ii)  it is unreasonable or impracticable to obtain the healthcare recipient's consent to the collection, use or disclosure; and

                     (b)  unless the participant is the System Operator--the participant advises the System Operator of the matters in paragraph (a); and

                     (c)  the collection, use or disclosure occurs not later than 5 days after that advice is given.

             (2)  A participant in the My Health Record system is authorised to collect, use and disclose health information included in a healthcare recipient's My Health Record if the participant reasonably believes that the collection, use or disclosure by the participant is necessary to lessen or prevent a serious threat to public health or public safety.

             (3)  Subsections (1) and (2) do not authorise a participant in the My Health Record system to collect, use or disclose healthcare recipient-only notes.



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