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

Schedule 1   Healthcare identifiers and health records

Part 1   Amendments

Healthcare Identifiers Act 2010

42   Section 31

Repeal the section, substitute:

31 Healthcare Provider Directory

(1) The service operator must establish and maintain a record (the Healthcare Provider Directory ) of the professional and business details of identified healthcare providers.

(2) The service operator is authorised to:

(a) collect and use personal information for the purposes of establishing and maintaining the Healthcare Provider Directory; and

(b) disclose personal information on the Healthcare Provider Directory to an identified healthcare provider;

but, except in the circumstances dealt with in section 31A, only with the consent of the individual to whom the personal information relates.

(3) The professional and business details of a healthcare provider disclosed on the Healthcare Provider Directory may include information sufficient to allow the person to whom the information is disclosed to determine any of the following:

(a) the healthcare identifier of a healthcare provider;

(b) identifying information of a healthcare provider;

(c) whether an individual healthcare provider is linked to a particular healthcare provider organisation;

(d) whether a healthcare provider organisation is a registered healthcare provider organisation for the purposes of the My Health Records Act;

(e) whether an individual healthcare provider is registered with a registration authority and the status of that registration (such as conditional, suspended, cancelled or lapsed);

(f) the type of healthcare provider that an individual is.

(4) A person to whom the professional and business details of a healthcare provider is disclosed on the Healthcare Provider Directory is authorised to collect, use and disclose that information:

(a) for the purpose of communicating or managing health information, as part of providing healthcare to a healthcare recipient; or

(b) in any other circumstances in which the collection, use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or

(c) in any other circumstances in which the collection, use or disclosure of the information would not be an interference with privacy under the Privacy Act 1988.

31A Healthcare Provider Directory - sharing information with the My Health Record System Operator

(1) The service operator is authorised to collect from the My Health Record System Operator, use and disclose to the My Health Record System Operator:

(a) identifying information of a healthcare provider; and

(b) the healthcare identifier of a healthcare provider;

for the purposes of the Healthcare Provider Directory.

(2) The My Health Record System Operator is authorised to use and disclose to the service operator:

(a) identifying information of a healthcare provider; and

(b) the healthcare identifier of a healthcare provider;

for the purposes of the Healthcare Provider Directory.