Document ID: chunk:federal_register_of_legislation:C2025C00099:section:109:p1
Version: federal_register_of_legislation:C2025C00099
Segment Type: section
Provision Reference: s 109 (pt 1/2)
Character Range: 210869–213863

109  Minister may make My Health Records Rules
 (1) The Minister may, by legislative instrument, make rules called the My Health Records Rules about matters required or permitted by this Act to be dealt with in the My Health Records Rules.

Consultation
 (2) Before the Minister makes My Health Records Rules, the Minister must consult:
 (a) the System Operator; and
 (b) the Health Chief Executives Forum.
A failure to consult does not affect the validity of the Rules.

My Health Records Rules may relate to registration etc.
 (3) The My Health Records Rules may specify the following:
 (a) requirements that a healthcare provider organisation must meet in order to be registered;
 (b) requirements that a person, or a repository or other facility (however described) owned or operated by the person, must meet for the person to be registered as a repository operator, a portal operator or a contracted service provider;
 (c) conditions on the registration of participants in the My Health Record system;
 (d) other requirements relating to the My Health Record system that apply to healthcare recipients or participants in the My Health Record system;
 (e) requirements relating to the establishment and the operation of a test environment for the My Health Record system, or another electronic system that interacts directly with the My Health Record system.
 (4) Requirements referred to in subsection (3) include technical specifications and other requirements in relation to the following:
 (a) storage of data and records;
 (b) records management;
 (c) administration and day‑to‑day operations;
 (d) physical and information security;
 (e) uploading specified kinds of records.

My Health Records Rules may relate to agreements
 (4A) The My Health Records Rules may specify that a person must enter into a specified kind of agreement in order to be, and remain, a registered healthcare provider organisation, registered repository operator, registered portal operator or registered contracted service provider.
 (5) The My Health Records Rules may specify requirements relating to registration of healthcare recipients, including requirements relating to registering a healthcare recipient who has been issued with a healthcare identifier under a pseudonym, and for that purpose may specify such modifications of this Act as are necessary to facilitate such registration.

My Health Records Rules may relate to access control mechanisms
 (6) The My Health Records Rules may specify matters relating to access control mechanisms, including the following:
 (a) the circumstances in which a nominated representative may set access controls;
 (b) the circumstances in which access to a healthcare 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