Document ID: chunk:federal_register_of_legislation:F2016L00360:reg:14:p14
Version: federal_register_of_legislation:F2016L00360
Segment Type: reg
Provision Reference: reg 14 (pt 14/16)
Character Range: 37049–40041

the My Health Records Act;
           d)     restraining a person from engaging in conduct that constituted, constitutes or would constitute a contravention of the My Health Records Act.
      11.2  Section 81 of the My Health Records Act triggers the provisions of Part 7 of the Regulatory Powers Act which deals with obtaining, imposing and discharging injunctions to enforce legislative provisions.

  General approach to seeking injunctions
11.3  In deciding whether to seek an injunction from a Court, the Information Commissioner may consider:
           a)      the particular facts of the matter;
           b)     the factors referred to at section 7.1;
           c)      the Commonwealth's model litigant obligations referred to at section 7.5.
12 Injunctions under the Privacy Act
12.1  Under section 98 of the Privacy Act, the Information Commissioner may apply to the Federal Court or the Federal Circuit Court for an injunction:
           a)      seeking an interim order restraining a person from engaging in conduct pending final determination of a matter;
           b)     requiring a person to do an act or thing, if the refusal or failure to do that act or thing was, is, or would be a contravention of the Privacy Act;
           c)      requiring the person to do any act or thing if the person has engaged, is engaging or is proposing to engage in conduct contravening the Privacy Act;
           d)     restraining a person from engaging in conduct that constituted, constitutes or would constitute a contravention of the Privacy Act.
12.2  In deciding whether to seek an injunction from the Federal Court or the Federal Circuit Court, the Information Commissioner may consider those matters referred to in section 11.3 of these guidelines.
13 Civil penalties under the My Health Records Act

  Legislative basis for seeking a civil penalty order
13.1  Under section 79 of the My Health Records Act, the Information Commissioner may apply to a Court for an order that a person who is alleged to have contravened a civil penalty provision pay a pecuniary penalty to the Commonwealth. The Information Commissioner must make the application within four years of the alleged contravention.
13.2   Section 79 triggers the provisions of Part 4 of the Regulatory Powers Act which deals with seeking and obtaining a civil penalty order for contraventions of civil penalty provisions.
13.3  An overview of the civil penalty provisions in the My Health Records Act is provided below:
           a)      sections 59 and 60 – unauthorised collection, use or disclosure, as well as secondary disclosure, of health information in a healthcare recipient's  digital record;
           b)     section 74 – a registered healthcare provider organisation providing insufficient information to identify the individual who requests access to a healthcare recipient's digital record on behalf of the registered healthcare provider organisation;
           c)      section 75 – failure of