Document ID: chunk:federal_register_of_legislation:F2016C00607:schedule:1:p7
Version: federal_register_of_legislation:F2016C00607
Segment Type: schedule
Provision Reference: sch 1 (pt 7/32)
Character Range: 24473–27539

My Health Record or a record in a My Health Record where access is permitted in the case of a serious threat under section 64 of the Act.
           Note 4: While records uploaded to a healthcare recipient's My Health Record will, as a default, be uploaded without a document code applied to the record, healthcare recipients will be able to subsequently restrict access to the record by applying a document code if they wish.  Healthcare recipients are able to change the default setting in relation to healthcare provider organisations on the access list for the healthcare recipient's My Health Record.
           Note 5: Rule 45 provides that healthcare provider organisations must not retain a healthcare recipient's record code or document code for future use to access the healthcare recipient's My Health Record or a record in the healthcare recipient's My Health Record.

Division 3 Access control mechanisms and serious threats

7.                      Serious threat to an individual's life, health or safety
     (1)     The access control mechanisms established and maintained by the System Operator must permit registered healthcare provider organisations to assert to the System Operator that the circumstances in paragraph 64(1)(a) of the Act exist.
     (2)     Where access is authorised under subsection 64(1) of the Act, the access control mechanisms:
           (a)                    must allow access to a healthcare recipient's My Health Record regardless of whether a healthcare recipient has set up a record code;
           (b)                    must allow access to all records in a healthcare recipient's My Health Record regardless of whether a healthcare recipient has set up a document code; and
           (c)                    must not permit access to records that have been effectively removed.
           Note 1: Healthcare recipient-only notes are not available under subsection 64(1) of the Act― see subsection 64(3) of the Act.
           Note 2: The extent of access by registered healthcare provider organisations under subsection 64(1) of the Act depends on how access flags have been assigned within the healthcare provider organisation's network ― see rules 9 and 10.
           Note 3: Where a healthcare recipient's My Health Record registration has been suspended, paragraph 54(a) of the Act permits access to the healthcare recipient's My Health Record in the case of a serious threat under subsection 64(1) of the Act.

8.                      Serious threat to public health or public safety
     (1)     The access control mechanisms established and maintained by the System Operator must permit registered healthcare provider organisations to assert to the System Operator that the collection, use or disclose of health information is necessary to lessen or prevent a serious threat to public health or public safety for the purposes of subsection 64(2) of the Act.
     (2)     Where access is authorised under subsection 64(2) of the Act, the access control mechanisms:

           (a)                    must