Health Legislation Amendment (eHealth) Act 2015 (157 of 2015)

Schedule 1   Healthcare identifiers and health records

Part 1   Amendments

Copyright Act 1968

2   After section 104B

Insert:

104C Copyright subsisting in sound recordings and cinematograph films shared for healthcare or related purposes

(1) The copyright in a cinematograph film or a sound recording is not infringed by an act comprised in the copyright in the film or recording if:

(a) the act is done, or authorised to be done:

(i) for a purpose for which the collection, use or disclosure of health information is required or authorised under the My Health Records Act 2012; or

(ii) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the Privacy Act 1988 (serious threat to life, health or safety), or would exist if the entity doing the thing were an APP entity for the purposes of that Act; or

(iii) in circumstances in which a permitted health situation exists under section 16B of the Privacy Act 1988, or would exist if the entity doing the thing were an organisation for the purposes of that Act; or

(iv) for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations; and

(b) either:

(i) the film or recording is substantially comprised of health information; or

(ii) the film or recording allows for the storage, retrieval or use of health information and it is reasonably necessary to do the act, or authorise it to be done, in circumstances that would otherwise infringe copyright in the work.

(2) In this section:

healthcare has the same meaning as in the My Health Records Act 2012.

health information has the same meaning as in the My Health Records Act 2012.