Health Legislation Amendment (eHealth) Act 2015 (157 of 2015)
Schedule 1 Healthcare identifiers and health records
Part 1 Amendments
Personally Controlled Electronic Health Records Act 2012
50 Section 4
Repeal the section, substitute:
4 Simplified outline of this Act
The My Health Record system is a system for making health information about a healthcare recipient available for the purposes of providing healthcare to the recipient.
A healthcare recipient will have a My Health Record if the recipient registers in the My Health Record system. The Minister may, however, provide that the opt-out model is to apply under My Health Records Rules made under Schedule 1. A healthcare recipient covered by those Rules will be registered in the My Health Record system, and have a My Health Record, unless the recipient elects to opt-out of the system.
The My Health Record system is operated by the System Operator. The System Operator operates the National Repositories Service, that stores key records that form part of a healthcare recipient's My Health Record. Other records are stored by registered repository operators. Together these records make up a healthcare recipient's My Health Record.
If a healthcare recipient is registered in the My Health Record system, a healthcare provider may upload health information about the recipient to the My Health Record system, unless the record is one which the healthcare recipient has advised the healthcare provider not to upload or the record is not to be uploaded under prescribed laws of a State or Territory.
Health information may be collected, used and disclosed from a healthcare recipient's My Health Record for the purpose of providing healthcare to the recipient, subject to any access controls set by the recipient (or if none are set, default access controls). There are other limited circumstances in which health information may be collected, used or disclosed from a My Health Record. Criminal and civil penalties apply if a person collects, uses or discloses information from a My Health Record without authorisation. Enforceable undertakings and injunctions are also available to enforce the provisions of this Act.
An authorisation to collect, use or disclose information under this Act is also an authorisation to do so for the purposes of the Privacy Act 1988. A contravention of this Act is also an interference with privacy for the purposes of the Privacy Act 1988, and so can be investigated under that Act.
4A Schedule 1
Schedule 1 has effect.
Note: Schedule 1 deals with the opt-out model for registering healthcare recipients in the My Health Record system.