What Australia My Health Records Act 2012 - National Digital Health Record System requires
The My Health Records Act 2012 (Commonwealth, Act No. 63 of 2012) establishes Australia's national digital health record system administered by the Australian Digital Health Agency as System Operator under the Department of Health, Disability and Ageing. The Act regulates the collection, use, and disclosure of health information held in the My Health Record system, providing each healthcare recipient with a centralised record accessible to participating healthcare providers under documented access conditions. Part 2 establishes the System Operator role and the registration of healthcare recipients, registered healthcare provider organisations, and repository or portal operators. Part 3 governs the operational management of the records including security, integrity, and access. Part 4 sets out the collection, use, and disclosure framework with Division 2 prescribing consent and access controls, Division 3 authorising emergency access where the healthcare recipient is unable to consent, and Division 3A creating offences for use or disclosure for prohibited purposes including insurance underwriting, employment screening, and law-enforcement use absent specific exceptions. Part 5 establishes civil penalties; Part 6 establishes criminal offences. The Act operates alongside the Healthcare Identifiers Act 2010 and the Privacy Act 1988 to form Australia's federal digital-health regulatory regime, and is the operative framework for any AI-driven clinical decision support, telehealth, or virtual care offering interacting with My Health Record data.
Pillar: Medical & Healthcare · Authority: Commonwealth of Australia (Federal Register of Legislation) · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.au/C2012A00063/latest/text
SHA-256 integrity: aa03842bf7589596a0f3cccf6ce3550d64bc6fe59cf903e3f7ce2e07dc068571
Primary Citations — 8 traced to source
- My Health Records Act 2012 (Cth) https://www.legislation.gov.au/C2012A00063/latest/text
- Healthcare Identifiers Act 2010 (Cth) https://www.legislation.gov.au/C2010A00072/latest/text
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