Healthcare Identifiers Act 2010 (Cth)

Healthcare Identifiers Act 2010

No. 72, 2010

Compilation No. 19

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Healthcare Identifiers Act 2010 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Purpose of this Act 3A Simplified outline of this Act 4 Act to bind the Crown 4A External Territories 5 Definitions 6 Identity of service operator 7 Meaning of identifying information 8 Meaning of national registration authority Part 2—Assigning healthcare identifiers 9AA Simplified outline of this Part 9 Assigning healthcare identifiers 9A Classes of healthcare provider that may be assigned a healthcare identifier by the service operator 9B Information that may be requested before assigning healthcare identifiers 9C Review of decision not to assign a healthcare identifier 10 Service operator must keep record of healthcare identifiers etc. Part 3—Collection, use and disclosure of healthcare identifiers, identifying information and other information Division 1—Simplified outline of this Part 11 Simplified outline of this Part Division 2—Healthcare recipients 12 Collection, use and disclosure—assigning a healthcare identifier to a healthcare recipient 13 Collection, use and disclosure—establishing and maintaining a record of healthcare identifiers for healthcare recipients 14 Collection, use and disclosure—providing healthcare to a healthcare recipient 15 Collection, use and disclosure—My Health Record system 16 Collection, use and disclosure—aged care 17 Adopting the healthcare identifier of a healthcare recipient etc. 18 Disclosure of the healthcare identifier of a healthcare recipient to the healthcare recipient etc. 19 Other information relating to the healthcare identifier of a healthcare recipient may be disclosed by the service operator 20 Regulations relating to the healthcare identifier and identifying information of a healthcare recipient etc. Division 3—Healthcare providers 21 Collection, use and disclosure—assigning a healthcare identifier to a healthcare provider 22 Collection, use and disclosure—establishing and maintaining a record of healthcare identifiers for healthcare providers 23 Collection, use and disclosure—providing healthcare 24 Collection, use and disclosure—My Health Record system 25 Collection, use and disclosure—enabling authentication in electronic communications 25A Collection, use and disclosure—sharing information with registration authorities 25B Adopting the healthcare identifier of a healthcare provider 25C Disclosure of the healthcare identifier of a healthcare provider to the healthcare provider 25D Regulations relating to the healthcare identifier and other information of a healthcare provider 25E Obligation to keep information accurate, up‑to‑date and complete Division 4—Unauthorised use and disclosure of healthcare identifiers and other information obtained under this Act 26 Use and disclosure of healthcare identifiers and other information obtained under this Act Division 5—Protection of healthcare identifiers 27 Protection of healthcare identifiers Part 4—Interaction with the Privacy Act 1988 28AA Simplified outline of this Part 28 Interaction with the Privacy Act 1988 29 Functions of Information Commissioner 30 Annual reports by Information Commissioner Part 5—Healthcare Provider Directory 31AA Simplified outline of this Part 31 Healthcare Provider Directory 31A Healthcare Provider Directory—sharing information with the My Health Record System Operator Part 5A—Enforcement 31B Simplified outline of this Part 31C Civil penalty provisions 31D Enforceable undertakings 31E Injunctions Part 6—Oversight role of Ministerial Council 31F Simplified outline of this Part 32 Directions to service operator 33 Consultation with Ministerial Council about regulations 34 Annual reports by service operator 35 Review of the operation of this Act Part 7—Miscellaneous Division 1—Simplified outline of this Part 36AA Simplified outline of this Part Division 2—Employees, contractors, partnerships, unincorporated associations and trusts 36 Extent of authorisation 36A Authorisation to disclose to employees and contracted service providers of a healthcare provider 36B Treatment of partnerships 36C Treatment of unincorporated associations 36D Treatment of trusts with multiple trustees Division 3—Delegations 36E Delegations by the service operator Division 4—Constitutional matters 37 Relationship to State and Territory laws 38 Severability—additional effect of Parts 3 and 4 Division 5—Regulations 39 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history