Document ID: chunk:federal_register_of_legislation:C2025A00008:clause:1_19ad:p2
Version: federal_register_of_legislation:C2025A00008
Segment Type: clause
Provision Reference: sch 1 cl 19AD (pt 2/2)
Character Range: 49218–51484

relation to the person or an associate of the person for the service.
 (3) An upload exception applies in relation to a person sharing with the My Health Record system information about a professional service rendered to an individual if:
 (a) the individual is not a registered healthcare recipient (within the meaning of the My Health Records Act 2012); or
 (b) either:
 (i) the individual, or an authorised representative or nominated representative of the individual, has advised the person or an associate of the person for the service; or
 (ii) the person or an associate of the person for the service has otherwise been informed that the individual, or an authorised representative or nominated representative of the individual, has advised;
  that the information must not be uploaded to the My Health Record system; or
 (c) an individual healthcare provider (within the meaning of the My Health Records Act 2012) reasonably believes that the information should not be shared with the My Health Record system because of a serious concern for the health, safety or wellbeing of the individual; or
 (d) the information cannot be shared with the My Health Record system due to circumstances beyond the reasonable control of the person and any associate of the person for the service.
 (4) A healthcare provider organisation (within the meaning of the My Health Records Act 2012) is an associate of a person in relation to a professional service in the following circumstances:
 (a) the person renders the service as an employee (within the meaning of the My Health Records Act 2012) of the healthcare provider organisation;
 (b) another person, as an employee (within the meaning of the My Health Records Act 2012) of the healthcare provider organisation, renders the service on behalf of the person;
 (c) the healthcare provider organisation provides support services or facilities to facilitate the rendering of the service by or on behalf of the person;
 (d) the circumstances (if any) specified in the upload rules.
 (5) Without limiting this section or subsection 33(3A) of the Acts Interpretation Act 1901, upload rules made for the purposes of subsection (1) may specify different periods for different professional services or different kinds of person.