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

Schedule 1   Healthcare identifiers and health records

Part 1   Amendments

Healthcare Identifiers Act 2010

48   After section 36

Insert:

36A Authorisation to disclose to employees and contracted service providers of a healthcare provider

An authorisation under this Act to an entity to disclose information to a healthcare provider for a particular purpose is an authorisation to disclose the information to:

(a) an individual:

(i) who is an employee of the healthcare provider; and

(ii) whose duties involve, or are reasonably connected to, implementing that purpose; or

(b) a contracted service provider of the healthcare provider, if the duties of the contracted service provider under a contract with the healthcare provider involve, or are reasonably connected with,implementing that purpose by providing information technology services relating to the communication of health information, or health information management services, to the healthcare provider; or

(c) an individual:

(i) who is an employee of a contracted service provider to which paragraph (b) applies; and

(ii) whose duties involve implementing that purpose as mentioned in that paragraph.

36B Treatment of partnerships

(1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.

(2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.

(3) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or omission; or

(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).

(4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.

36C Treatment of unincorporated associations

(1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.

(2) An obligation that would otherwise be imposed on the unincorporated association by this Act is imposed on each member of the association's committee of management instead, but may be discharged by any of the members.

(3) An offence against this Act that would otherwise have been committed by the unincorporated association is taken to have been committed by each member of the association's committee of management, at the time the offence was committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or omission; or

(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).

(4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.

36D Treatment of trusts with multiple trustees

(1) If a trust has 2 or more trustees, this Act applies to the trust as if it were a person, but with the changes set out in this section.

(2) An obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees.

(3) An offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or omission; or

(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).

(4) This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.

Division 3 - Delegations

36E Delegations by the service operator

(1) The service operator may, by writing, delegate one or more of his or her functions and powers to any of the following:

(a) an APS employee in the Department;

(b) if the service operator is not the Chief Executive Medicare - the Chief Executive Medicare;

(c) any other person with the consent of the Minister.

(2) If the service operator is not the Chief Executive Medicare the service operator may only delegate a function or power of the service operator:

(a) to an APS employee in the Department with the agreement of the Secretary; and

(b) to the Chief Executive Medicare with the agreement of the Chief Executive Medicare.

(3) Each of the following must comply with any written directions of the service operator:

(a) a delegate;

(b) if the Chief Executive Medicare delegates under subsection 8AC(3) of the Human Services (Medicare) Act 1973 a function delegated to him or her under this section - a subdelegate.

Division 4 - Constitutional matters