Healthcare Identifiers Amendment (PCEHR System Information) Regulation 2013

Select Legislative Instrument No. 142, 2013

I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Healthcare Identifiers Act 2010.

Dated 28 June 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Tanya Plibersek

Minister for Health

Contents

1 Name of regulation

2 Commencement

3 Authority

4 Schedule(s)

Schedule 1—Amendments

Healthcare Identifiers Regulations 2010

1  Name of regulation

 This regulation is the Healthcare Identifiers Amendment (PCEHR System Information) Regulation 2013.

2  Commencement

 This regulation commences on the day after it is registered.

3  Authority

 This regulation is made under the Healthcare Identifiers Act 2010.

4  Schedule(s)

 Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Healthcare Identifiers Regulations 2010

1  Regulation 12

Repeal the regulation, substitute:

12  Limit on collection, use and disclosure of information

  For paragraph 22D(3)(a) of the Act, the information prescribed is information that relates to the healthcare recipient’s treatment, other than any information that relates to compensation or benefits, provided under any of the following Acts:

 (a) the Australian Participants in British Nuclear Tests (Treatment) Act 2006;

 (b) the Military Rehabilitation and Compensation Act 2004;

 (c) the Safety, Rehabilitation and Compensation Act 1988;

 (d) the Veterans’ Entitlements Act 1986.

2  After regulation 14

Insert:

15  Authorisation of collection, use and disclosure related to PCEHR system—healthcare recipient who has applied to be an authorised representative

 (1) For section 22E of the Act, the PCEHR System Operator, service operator and Chief Executive Medicare are authorised to collect, use and disclose to a participant in the PCEHR system:

 (a) identifying information of a healthcare recipient who has applied to the PCEHR System Operator to be an authorised representative of another healthcare recipient; or

 (b) a healthcare identifier of the healthcare recipient mentioned in paragraph (a).

 (2) The collection, use or disclosure must be reasonably necessary for the exercise of the PCEHR System Operator’s power under section 6 of the PCEHR Act.