Document ID: chunk:federal_register_of_legislation:C2025C00099:section:109:p2
Version: federal_register_of_legislation:C2025C00099
Segment Type: section
Provision Reference: s 109 (pt 2/2)
Character Range: 213570–216069

recipient's My Health Record is to be automatically suspended or cancelled;
 (c) default access controls.

My Health Records Rules may relate to authorised representatives and nominated representatives
 (7) The My Health Records Rules may specify matters relating to authorised representatives and nominated representatives, including the following:
 (a) methods of establishing that an individual is an authorised representative or a nominated representative of a healthcare recipient;
 (b) requiring a healthcare recipient to verify his or her identity when the healthcare recipient ceases to have an authorised representative;
 (c) specifying circumstances in which an authorised representative or a nominated representative is not required to have been assigned a healthcare identifier under paragraph 9(1)(b) of the Healthcare Identifiers Act 2010.

My Health Records Rules may relate to research or public health purposes
 (7A) The My Health Records Rules may, in accordance with section 109A, prescribe a framework to guide the collection, use and disclosure of de‑identified data and, with the consent of healthcare recipients, health information, for research or public health purposes.

My Health Records Rules may apply to specified classes of participants
 (8) The My Health Records Rules may specify the classes of participants in the My Health Record system to whom, or to which, a particular My Health Records Rule applies.

Incorporation of other instruments
 (9) Despite subsection 14(2) of the Legislation Act 2003, My Health Records Rules made for purposes other than subsection (7A) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

Scope of the My Health Records Rules rule‑making power
 (10) To avoid doubt, the My Health Records Rules may not do the following:
 (a) create an offence or civil penalty;
 (b) provide powers of:
 (i) arrest or detention; or
 (ii) entry, search or seizure;
 (c) impose a tax;
 (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
 (e) directly amend the text of this Act.
 (11) My Health Records Rules that are inconsistent with the regulations have no effect to the extent of the inconsistency, but My Health Records Rules are taken to be consistent with the regulations to the extent that the Rules are capable of operating concurrently with the regulations.