Health Legislation Amendment (Modernising My Health Record - Sharing by Default) Act 2025 (8 of 2025)

Schedule 1   Main amendments

Part 1   My Health Records

My Health Records Act 2012

5   After Division 1 of Part 3

Insert:

Division 1A - Healthcare provider organisations that are required to be registered

41A Prescribed healthcare provider organisations must be registered

(1) A prescribed healthcare provider organisation contravenes this subsection if the healthcare provider organisation is not a registered healthcare provider organisation and is not an approved registered repository operator.

Civil penalty: 250 penalty units.

(2) However, subsection (1) does not apply:

(a) during any period starting when the healthcare provider organisation applies to the System Operator under section 41B or 42 and ending when the application is finally determined; or

(b) during any period approved by the System Operator under section 41B in relation to the healthcare provider organisation.

Note: A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection: see section 96 of the Regulatory Powers Act.

41B System Operator may approve a period during which registration is not required

Application

(1) A healthcare provider organisation may apply to the System Operator to approve a period during which subsection 41A(1) does not apply to the healthcare provider organisation.

(2) The application must:

(a) be in the approved form; and

(b) include, or be accompanied by, the information and documents required by the form; and

(c) be lodged at a place, or by a means, specified in the form.

Further information may be required

(3) If a healthcare provider organisation makes an application under subsection (1), the System Operator may, by notice in writing, require the healthcare provider organisation to give the System Operator, within the period specified in the notice, such further information in relation to the application as the System Operator requires.

(4) The System Operator is not required to decide the application, and may cease considering the application, if the healthcare provider organisation does not provide the required information within the period specified in the notice.

Approval by System Operator

(5) On application under subsection (1) or on the System Operator's initiative, the System Operator may, by written notice to a healthcare provider organisation, approve a period during which subsection 41A(1) does not apply to the healthcare provider organisation.

(6) In deciding whether to approve the period, the System Operator must take into account the following:

(a) the healthcare provider organisation's size and technological readiness;

(b) the potential disruption (if any) to the provision of healthcare if the healthcare provider organisation is not a registered healthcare provider organisation;

(c) any other matter the System Operator considers relevant.

(7) An approval under subsection (5) is not a legislative instrument.