Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 97

  (1)   This section applies to the following decisions of the System Operator:

  (a)   a decision under section   6 that a person is or is not the authorised representative of a healthcare recipient;

  (b)   a decision under section   41 to refuse to register a healthcare recipient;

  (c)   a decision under section   44 to refuse to register a health provider organisation or to impose a condition on such a registration;

  (d)   a decision under section   49 to refuse to register a person as:

  (i)   a repository operator; or

  (ii)   a portal operator; or

  (iii)   a contracted service provider;

    or to impose a condition on such a registration;

  (e)   a decision under section   49 to refuse to specify a repository as a repository to which the registration of a repository operator relates;

  (f)   a decision under section   51 to cancel or suspend the registration of a healthcare recipient or other entity;

  (g)   a decision under section   51 to refuse to cancel or suspend the registration of a healthcare recipient or other entity on request;

  (h)   a decision under section   52 to vary the registration of a healthcare recipient or other entity on request;

  (i)   a decision under section   52 to refuse to vary the registration of a healthcare recipient or other entity.

  (2)   The System Operator must take such steps as are reasonably necessary in the circumstances to give written notice of the decision to each person affected by the decision, including a statement:

  (a)   that the person may apply to the System Operator to reconsider the decision; and

  (b)   of the person's rights to seek review under subsection   (8) of a reconsidered decision.

  (2A)   However, the System Operator is not required to give notice of the decision to a person if the System Operator is satisfied that doing so would put at risk the life, health or safety of a person.

  (3)   A failure of the System Operator to comply with subsection   (2) does not affect the validity of the decision.

  (4)   A person who is given a written notice under subsection   (2) may, by written notice given to the System Operator within 28 days after receiving the notice, ask the System Operator to reconsider the decision.

  (5)   A request under subsection   (4) must mention the reasons for making the request.

  (6)   The System Operator must:

  (a)   reconsider the decision within 28 days after receiving the request; and

  (b)   give to the person who requested the reconsideration written notice of the result of the reconsideration and of the grounds for the result.

  (7)   The notice must include a statement that the person may apply to the Administrative Appeals Tribunal for review of the reconsideration.

  (8)   A person may apply to the Administrative Appeals Tribunal for review of a decision of the System Operator made under subsection   (6).